The Court disposed of a writ petition for directions to pay compensation of Rs.72,06,740 and interest of Rs.1,08,000 on delayed acquisition. Acknowledging entitlement to interest, the Court also authorized the State Government to inquire into the officers responsible for the delay.
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wp290914.odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.2909 OF 2014
Babu s/o Hari Waghmare & others
Petitioners
Versus
District Collector, Jalna & another
Respondents
Mr.Deepak M. Kakade, advocate for petitioners. Mr.K.M.Suryawanshi, A.G.P. for Respondents.
CORAM : R.M.BORDE &
A.M.BADAR, JJ. DATE :22nd April, 2014
PER COURT:
1 The petitioners are praying for issuance of directions to the Respondents to pay the amount of Rs.72,06,740/-, which has been deposited towards compensation for acquired land, expeditiously.
2 An affidavit-in-reply has been presented on behalf of Respondent No.2 stating therein that the amount of compensation has already been disbursed in favour of petitioners on 19.04.2014.
3 The petitioners also pray for issuance of directions to Respondent No.2 to pay an amount of Rs.1,08,000/- towards interest on the aforesaid amount.
wp290914.odt
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4 It cannot be controverted that petitioners are entitled to claim interest on the amount of compensation till the date of payment of compensation, in accordance with provisions of Land Acquisition Act. It would be open for the petitioners to claim interest on the amount of compensation on account of delay caused in disbursement of the amount in conformity with the provisions of Land Acquisition Act.
5 In view of above, writ petition stands disposed of. It would be open for the State Government to hold an inquiry, if deemed necessary, in respect of delay caused in disbursement of amount to the petitioners and fix responsibility on the concerned officers.
A.M. BADAR
JUDGE
R.M.BORDE
JUDGE
adb/wp290914
1 issue framed by the court
Whether petitioners are entitled to claim interest on the compensation amount due to delay in disbursement.
1 provisions across 1 enactments
Babu s/o Hari Waghmare & others
District Collector, Jalna
another
R.M. Borde
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
