Gajanan Anant Mhamunkar ... vs State Of Maharashtra Thr. Special ...
2023 Latest Caselaw 2289 Bom

                                                                       22-ia-1000-2022.doc




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO. 1000 OF 2022
                                                 IN
                                    FIRST APPEAL NO. 1074 OF 1987

                   Gajanan Anant Mahamunkar
                   (Since deceased) Through L.Rs.
                   Prakash Gajanan Mahamunkar and Ors.                 ...      Applicants

                   IN THE MATTER BETWEEN

                   The State of Maharashtra                            ...      Appellant
                        Versus
                   Gajanan Anant Mahamunkar and Ors.                   ...      Respondents

                                                     .....
                   Mr. S. S. Borulkar, for the Applicants/Respondents.
                   Ms. Tanaya Goswami, AGP, for the Appellant.
                                                    .....

                                             CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 9th MARCH, 2023.

P.C.

First Appeal No. 1074 of 1987 came to be disposed of by this

Court on 7th July, 2000. In para 2 of the said judgment certain

directions were given to the Reference Court which are extracted

below;

2. In the result, therefore, the appeal succeeds in part. The order of the Reference Court awarding component under section 23(1-A) is set aside. Similarly, direction made by the Reference REKHA PRAKASH PATIL Digitally signed by REKHA PRAKASH PATIL Date: 2023.03.10 15:40:45 +0530 Rekha Patil 1 of 4 22-ia-1000-2022.doc

Court for payment of interest on other amounts than the land value is also set aside. The Reference Court is directed to make a fresh award in the light of the directions issued above within a period of eight weeks from the date on which the Reference Court receives the writ of this order together with the record of the case. The Reference Court shall direct the landholder to deposit the excess amount that might have been withdrawn pursuant to the award of the Reference Court, which is modified, within a period of eight weeks from the date of the fresh award. The Reference Court shall also consider the question by directing the landholders to pay interest on the excess amount that has been withdrawn by them and pass order thereon in accordance with law. It is, however, made clear that as the judgment of the Supreme Court in Prem Nath Kapur's case has been referred to the larger Bench of the Supreme Court, in case, the Supreme Court reverses the view taken in the Prem Nath Kapur's case, the landholders shall be at liberty to make an application to this Court for appropriate relief.

Appeal disposed of with no order as to costs."

2 Learned Counsel for the respondents has invited my attention to

the judgment of the Supreme Court in the case of Sunder Vs. Union

of India1, especially to para 26 and 27 of the judgment, which reads 1 (2001) 7 Supreme Court Cases 211

Rekha Patil 2 of 4 22-ia-1000-2022.doc

thus;

"26. We think it useful to quote the reasoning advanced by Chief Justice S.S. Sandhawalia of the Division Bench of the Punjab and Haryana High Court in State of Haryana vs. Smt. Kailashwati : (SCC p. 119, para 10) "Once it is held as it inevitably must be that the solatium provided for under Section 23(2) of the Act forms an integral and statutory part of the compensation awarded to a landowner, then from the plain terms of section 28 of the act, it would be evident that the interest is payable on the compensation awarded and not merely on the market value of the land. Indeed the language of Section 28 does not even remotely refer to market value alone and in terms talks of compensation or the sum equivalent thereto. The interest awardable under Section 28 therefore would include within its ambit both the market value and the statutory solatium. It would be thus evident that the provisions of Section 28 in terms warrant and authorise the grant of interest on solatium as well."

27. In our view the aforesaid statement of law is in accord with the sound principles of interpretation. Hence the person entitled to the compensation awarded is also entitled to get interest on the aggregate amount including solatium. The reference is answered accordingly."

   Rekha Patil                                                                   3 of 4
                                                  22-ia-1000-2022.doc




3     Learned Counsel submits that he is interested in getting an

amount of solatium. Learned AGP seeks time to take instructions in

that regard and to make an appropriate statement/payment of such

amount to the respondents in view of the judgment of the Supreme

Court.

4 Learned Counsel for the respondents submits that he will furnish

requisite calculation to the learned AGP within a week.

5 List the matter on 30th March, 2023.

                                [PRITHVIRAJ K. CHAVAN, J.]




    Rekha Patil                                                   4 of 4