Hatim Fidaali Rajkotwala And Anr vs The Land Acquisition Officer The ...
2023 Latest Caselaw 240 Bom

                                                                       18-wp2966-21c.doc

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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
             Digitally signed by
VASANT   VASANT
         ANANDRAO
ANANDRAO IDHOL                         WRIT PETITION NO.2966 OF 2021
IDHOL    Date: 2023.01.10                         WITH
             10:27:20 +0530
                                       WRIT PETITION NO.2965 OF 2021


              Hatim F. Rajkotwala & Anr.                         ...Petitioners
                   V/s.
              The Land Acquisition Officer,
              The Collector & District Magistrate,
              Mumbai City & Anr.                                 ...Respondents


              Mr.M. Nawaz Haldanday with Ms.Aditi Y. Dave i/b Gazala Parveen
              Shaikh for the Petitioners in both the Writ Petitions.

              Mr.Himanshu Takke, AGP with Mr.Manish Upadhaye, AGP for the
              State - Respondent No.1 in WP No.2966 of 2021.

              Mr.Laxmikant Satelkar, AGP for the State - Respondent No.1 in W.P.
              No.2965 of 2021.

              Ms.Fatema Kachwalla i/b M/s.J.Sagar Associates for the Respondent
              No.2 in both the Writ Petitions.

                                           CORAM : R.D. DHANUKA &
                                                   M.M. SATHAYE , JJ.

DATE : 7TH JANUARY, 2023.

P.C. :-

1. It is common ground that payment of compensation

arising out of the acquisition of land under award bearing No.LAQ 18

of 2019 is already paid to the petitioners. The petitioners are pressing

for payment of interest as prayed in prayer clause (II) of the petition.

18-wp2966-21c.doc

The respondents are opposing this prayer orally on the ground that,

there is alleged delay on the part of the petitioners in furnishing the

details. The respondents are directed to file an affidavit in reply in this

regard within two weeks from today and shall a copy thereof upon the

petitioners' advocate simultaneously. Rejoinder, if any, shall be filed

within one week thereafter. The petitioners would be at liberty to rely

upon the judgments of this Court or the Hon'ble Supreme Court as

the case may be, on the issue of interest, if any, to be paid to the

petitioners by the respondents on delayed payment of compensation,

if any. The copy of such compilation shall be served upon the

respondents' advocate in advance. The respondents may also file

compilation of the judgments which they propose to rely upon in

support of their rival contentions.

2. Place the matter on board under the caption of admission

on 13th February, 2023.

(M.M. SATHAYE , J.)                                (R.D. DHANUKA, J.)