Bombay High Court
Roshanbi Aziz Motiwala Through ... vs The Competent Authority And ... on 5 January, 2023
Bench: R.D. Dhanuka, M. M. Sathaye
ppn 1 5.wp-1910.22 wt 1911.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1910 OF 2022
Roshanbi Aziz Motiwala & Ors. .. Petitioners
Versus
The Competent Authority &
Deputy Collector & Ors. .. Respondents
ALONG WITH
WRIT PETITION NO.1911 OF 2022
Nagnath Raynarasu Porandla .. Petitioner
Versus
The Competent Authority &
Deputy Collector & Ors. .. Respondents
---
Dr.Ramdas P.Sabban for the petitioners.
Mr.V.S.Gokhale, 'B' Panel Counsel for the respondent.
Mr.Rakesh L.Singh and Ms.Heena Shaikh i/by M/s.K.V. Kini & Co.
for the respondent no.3-National Highways Authority of India.
---
CORAM : R.D. DHANUKA &
M.M. SATHAYE, JJ.
DATE : 5th January 2023
P.C.:-
. We have heard the learned counsel for the petitioners and for
the respondent no.3-National Highways Authority of India. The dispute
relates to the payment of interest from the date of award till the date of
payment of compensation in favour of the petitioners.
2. It is the case of the petitioners that the petitioners are
entitled to claim interest from the date of award till the date of payment of
ppn 2 5.wp-1910.22 wt 1911.22.doc
compensation on the ground that the respondents have failed to pay the
amount of interest under the award made in respect of the acquisition of
the land of the petitioners.
3. Learned counsel for the petitioners relied upon various
judgments. The National Highways Authority of India has filed an
affidavit-in-reply on 15th July 2022 on this aspect. No affidavit is filed on
behalf of the competent authority after the date of declaration of this
award.
4. We direct the competent authority to file an affidavit within
three weeks from today and indicate as to whether the competent
authority is required to intimate the parties whose lands are acquired and
awarded the payment of compensation about passing of such award
with a notice to remain present for payment of compensation or not. The
affidavit shall indicate as to whether any notice is issued with a request to
remain present for payment of compensation or not and also indicate as
to when amount of compensation was deposited by the National
Highways Authority of India with the competent authority in this case.
5. We are of the prima facie view that even if any claim for
enhancement is made by the claimant before the arbitrator under the
provisions of National Highways Act, 1956 the arbitrator cannot award
interest on the principal amount that is awarded under the acquisition
award on the delayed payment but can award interest only if any
enhanced amount is payable in favour of the claimant and that also on
the enhanced amount from the date of possession till the date of actual
deposit in view of Section 3-H(5) of the National Highways Act, 1956.
ppn 3 5.wp-1910.22 wt 1911.22.doc
6. The petitioners would be at liberty to file an affidavit-in-
rejoinder to the affidavit-in-reply that would be filed by the respondent
no.1. If the National Highways Authority also proposes to file any reply
to the affidavit-in-reply that would be filed by the respondent no.1,
National Highways Authority is also permitted to file the same within
two weeks thereafter.
7. Place the matter on board for 'Admission' on 15 th February
2023. It is made clear that the Court will make an endeavour to dispose
of the petition at the admission stage subject to time constraint. Both the
parties are also permitted to file brief written propositions of law along
with copies of the judgments which they propose to rely upon in support
of their rival contentions raised in this petition with advance copies to be
served on the other side.
M.M. SATHAYE, J. R.D. DHANUKA, J.
