Shri Dattatray Bhausaheb Kalokhe vs The State Of Maharashtra And Ors
2023 Latest Caselaw 375 Bom

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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN Digitally
VINOD
                  signed by
        KANCHAN VINOD
        MAYEKAR                                CIVIL APPELLATE JURISDICTION
        Date: 2023.01.11
MAYEKAR 11:20:18 +0530

                                               WRIT PETITION NO. 13990 OF 2016
                                                        ALONGWITH
                                              CIVIL APPLICATION NO. 195 OF 2020
                                                            IN
                                               WRIT PETITION NO. 13990 OF 2016

                              Dattatray Bhausaheb Kalokhe                       ..... Petitioner

                                      VERSUS

                              The State of Maharashtra & Ors.                   ..... Respondents

                              Mr.Suresh M.Sabrad, a/w. Mr.Aarya Chavan for the Petitioner.

                              Mr. A.I.Patel, Additional G.P., a/w. Ms.K.N.Solunke, A.G.P. for the
                              State.

                              Mr.Y.B.Lengare for the Respondent nos. 4 to 7.

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

DATE : 10TH JANUARY, 2023

P.C:-

Rule. Mr.Patel, Additional G.P. waives service for the

respondent nos. 1 to 3. Mr Lingare, learned counsel waives service for

the respondent nos. 4 to 7. Rule is made returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of

India, the petitioner prays for a declaration that the acquisition KVM

904 - WP 13990 OF 2016.doc

proceedings have lapsed in view of the provisions of Section 24(2) of

the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013.

3. Mr. Sabrad, learned counsel for the petitioner states that his

client is pressing for payment of interest from the date of possession till

payment. He submitted that the award was made on 29 th February,

2000. The possession was also taken on the same day. He relied upon

the judgment of this Court delivered on 2nd March, 2022 in Writ

Petition No. 10390 of 2018 in case of Hemantkumar Krushnaji

Charegaonkar vs. State of Maharashtra & Ors. and in particular

paragraphs 12 to 16 and 19. He submitted that this Court after

considering the delay on the part of the authority in making payment of

the compensation from the date of possession has awarded interest at

the rate of 9% as determined by the award from the time it is made and

further payment of interest at the rate of 15% after the expiry of one

year from the date of award.

4. Mr.Patel, Additional Government Pleader for the respondent nos.

1 to 3 and Mr. Lengare, learned counsel for the respondent nos. 4 to 7 KVM

904 - WP 13990 OF 2016.doc

could not distinguish the said judgment of this Court. The petitioner

has thus made out a case for payment of interest at the rate of 15%

from the date of award till the date of deposit. The amount of interest

shall be released by the respondent no.3 within six weeks from today.

It is made clear that the interest shall be calculated upto the date of

payment. Writ petition is allowed in the aforesaid terms. Rule is made

absolute. No order as to costs. The parties to act on the authenticated

copy of this order.

5. In view of disposal of the writ petition, nothing survives in the

civil application and is also disposed off. No order as to costs.

      [M. M. SATHAYE, J.]                     [R. D. DHANUKA, J.]