The Ex. Engineer, Medium Project ... vs Baburao Kerba Pade And Ors
2021 Latest Caselaw 13272 Bom

   This Order is modified/corrected by Speaking to Minutes Order dated 24/09/2021




                                                         15-FAs.662,665 and 663 of 2020.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD
                           FIRST APPEAL NO.662 OF 2020

               THE EXECUTIVE ENGINEER, MEDIUM PROJECT,
                   OSMANABAD DIVISION, OSMANABAD
                               VERSUS
                    BABURAO KERBA PADE AND ORS
                                      AND
                          FIRST APPEAL NO.665 OF 2020
                                      AND
                          FIRST APPEAL NO.663 OF 2020

                                 ----
Ms.Sunita Shelke, Advocate for appellants
Mr.S.A.Wakure, Advocate for respondent nos.1 and 2
Mr.R.B.Bagul, AGP for respondent no.3
                                 ----

                                  CORAM : R.G. AVACHAT, J.

DATE : SEPTEMBER 16, 2021 ORDER :-

In all these appeals, enhancement granted by the reference

Court is not more than four times of the compensation awarded by the

S.L.A.O. The State has a policy not to prefer appeal in such cases. No

exception is made out. Interest has, however, been awarded from the

date of the notification under Section 4 of the Land Acquisition Act,

instead of awarding the same from the date of award. The same is in

breach of the dictum of Full Bench judgment in the case of State of

Maharashtra Vs. Kailash Shiva Rangari, 2016(3) Mh.L.J. 457. To that

extent, the impugned award needs to be modified.

This Order is modified/corrected by Speaking to Minutes Order dated 24/09/2021

2 15-FAs.662,665 and 663 of 2020

2. In view of the same, the appeals are partly allowed in terms of

following order:-

(i) The date "16.03.1993" appearing in clause 7 of the impugned

award, is replaced with the date "12.07.2012". Rest of the terms of

the impugned award to stand unaltered.

(ii) The amount in deposit be paid to the respondent/ claimants

along with interest accrued thereon.

(iii) Balance amount be paid back to the appellant/acquiring body.

[R.G. AVACHAT, J.]

KBP