Bombay High Court
Sheshrao Anandrao Doifode And ... vs The State Of Maharashtra Thr. Its ... on 4 August, 2022
Bench: A.S. Chandurkar, Urmila Sachin Phalke
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION No.3682 OF 2022
1. Sheshrao Anandrao Doifode,
Aged 77 years, Occupation : Agriculturist.
2. Shakuntala Ramesh Doifode,
Aged 42 years, Occupation : Agriculturist.
3. Ganesh Sheshrao Doifode,
Aged 53 years, Occupation : Agriculturist.
4. Mayur Sudhakar Doifode,
Aged 31 years, Occupation : Agriculturist.
5. Vaibhav Ramesh Doifode,
Aged 27 years, Occupation : Agriculturist.
6. Sunil Himmat Shivankar,
Aged 39 years, Occupation : Agriculturist.
All R/o. Singaon Jahangir,
Tah. Deulgaon Raja, District Buldana. : PETITIONERS
...VERSUS...
1. The State of Maharashtra,
Through its Secretary,
Department of Irrigation,
Mantralaya, Mumbai-32.
2. The Collector, Buldana,
District Buldana.
3. The Executive Engineer,
Khadakpurna Project Division,
Deulgaon Raja, Distt. Buldana.
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4. The Sub Divisional Officer,
Khadakpurna Rehabilitation Sub
Division No.4, Deulgaon Mahi,
Tq. Deulgaon Raja, District Buldana. : RESPONDENTS
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Shri Rahul N. Ghuge, Advocate for Petitioners.
Smt. S.S. Jachak, Asstt. Government Pleader for Respondents Nos.1 and 2.
Shri A.M. Kukday, Advocate for Respondents Nos.3 and 4.
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CORAM : A.S.Chandurkar & Urmila Joshi-Phalke, JJ.
DATE : 4th August, 2022.
ORAL JUDGMENT : (Per : Urmila Joshi-Phalke, J.)
1. Rule. Rule made returnable forthwith. Heard the learned
counsel for the parties.
2. The lands owned by the petitioners were the subject matter
of acquisition in the proceedings under the Land Acquisition Act, 1894.
After following the due procedure the consent Award was passed on
15.02.2009 acquiring the petitioners' lands. The said Award was passed
in two parts being dated 15.02.2009 and 28.03.2009. The Sale Deeds
were then executed by respondent no. 3. The compensation in question
was, however, released in the month of March and April, 2012 which
was about three years after passing of the Award and taking possession.
Some of the land owners who were similarly situated had approached
this Court in Writ Petition No. 1416/2016 praying that the respondent be
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directed to pay interest on account of delayed payment of compensation.
By the judgment dated 21.12.2016, this Court granted the prayer and
directed the payment of interest at the rate of 12% per annum to the said
petitioners on the amount of compensation from the date of execution of
Sale Deeds till the date on which the compensation was actually released.
This judgment was challenged before the Hon'ble the Supreme Court by
filing the Special Leave Petition which was dismissed on 17.07.2017. It is
seen that similar orders have thereafter been passed in other writ
petitions pertaining to the same Award.
3. After hearing the learned Counsel for the parties, we find
that the petitioners can be granted benefit of the judgment of this Court
in Writ Petition No. 1416/2016 as they are similarly situated and their
lands were acquired pursuant to the same Award. Hence, for the reasons
assigned in the Writ Petition No. 1416/2016 following order is passed:
(i) Respondent nos. 3 and 4 are directed to pay interest
at the rate of 12% per annum to the petitioners on the amount of
compensation from the date of execution of Sale Deeds till the date on
which the amount of compensation was actually released.
(ii) This shall be done after verifying the case of each
petitioners.
(iii) The aforesaid amount of interest shall be paid within
a period of six months from today, failing which, that amount shall carry
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interest at the rate of 15% per annum till realization.
4. Rule is made absolute in the aforesaid terms with no order
as to costs.
(Urmila Joshi-Phalke, J.) (A.S.Chandurkar, J.)
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