Gajanan Anant Mhamunkar ... vs State Of Maharashtra Thr. Special ...
2022 Latest Caselaw 2097 Bom

                                           (39)-IA-1000 & 1001, 1041, 1002-2022 in FA-1074-1987.doc
                                                                                  01.03.2022



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                         Interim Application No. 1000 / 2022
                                       Alongwith
                         Interim Application No. 1001 / 2022
                                           in
                             First Appeal No. 1074 / 1987

         Gajanan Anant Mhamunkar (deceased) Thr. LRS.
         1A) Shri. Prakash G. Mahamunkar and Ors.                      ... Applicants
                Versus
         State of Maharashtra Thr. Special Land Acquisition
         Officer, No. 2, Raigad.                            ... Respondent

                                     Alongwith

                         Interim Application No. 1041 / 2022
                                           in
                             First Appeal No. 1074 / 1987
         Bhaskar Anant Mhamunkar Thr. LRS.
         1.1) Smt. Vimal Bhaskar Mhamunkar                             ... Applicant
                Versus
         State of Maharashtra, Raigad (Thr. Special
         Land Acquisition Officer, No. 2)                              ... Respondent

                                     Alongwith

                         Interim Application No. 1002 / 2022
                                           in
                             First Appeal No. 1074 / 1987
         Shri. Haribhau Mhamunkar (deceased)
         Thr. LRS. 1.1) Leelabai H. Mhamunkar                          ... Applicant



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                                            (39)-IA-1000 & 1001, 1041, 1002-2022 in FA-1074-1987.doc
                                                                                  01.03.2022



                  Versus
         State of Maharashtra, Raigad (Thr. Special
         Land Acquisition Officer, No. 2)                              ... Respondent


                                         ****
         Mr. Siddhsen Borulkar, Advocate for the Applicant.
         Mr. Y.Y. Dababke, AGP for Appellant in First Appeal and for
         Respondent in Interim Application.
                                         ****

                                        CORAM         : SANDEEP K. SHINDE, J.

                                         DATE         : 1st MARCH, 2022.

         P.C.

Heard. Learned Counsel for the Applicants.

1. This Court vide judgment dated 7th July 2000 in First Appeal

No. 1074/1987 held that, in view of the judgment of the Hon'ble

Apex Court in the case of Prem Nath Kapur and Ors. Vs. National

Fertilizer Corpon. Ltd. (1996) 2 SCC 71, the interest under Section 28

of the Land Acquisition Act, can be awarded only on the amount of

land value and therefore the order made by the Reference Court,

awarding interest in excess thereof was set aside. However, since

reference against the judgment in the case of Prem Nath Kapur

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(supra) was pending before Larger Bench of the Supreme Court, the

learned Judge had granted liberty to the Respondents - Original

Claimants to move an application for appropriate relief or

modification of judgment, in case the Larger Bench takes the view

otherwise. Learned Counsel appearing for the Original Claimants

submits that the Larger Bench has permitted the interest on solatium.

Thus, this application, seeking modification of judgment dated 7 th

July, 2000.

2. Issue notice to the State returnable after six weeks i.e. to 12 th

April, 2022.

(SANDEEP K. SHINDE, J.)

Digitally signed by MOHAMMAD MOHAMMAD NAJEEB NAJEEB MOHAMMAD MOHAMMAD QAYYUM QAYYUM Date:

2022.03.02 11:16:54 +0530

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