Allowed

Dattatraya Bhanudas Shinde v. the State of Maharashtra and Another

Bombay HC4 Aug 2014WP/4125/2014

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by a land claimant challenging the failure of the State of Maharashtra and the Collector, Ahmednagar, to pay land acquisition compensation and interest as per a Lok Nyayalaya compromise order. Respondents were directed to pay the amount along with interest and additional costs within three months.

What did the court decide?

Directed Respondents to pay compensation, interest, and costs of Rs.10,000 within three months.

Dattatraya Bhanudas Shinde Vs the State of Maharashtra and… — Land Acquisition | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.4125 OF 2014

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Dattatraya s/o Bhanudas Shinde, age: 52 years, Occ: Agricuilture, R/o Wadgaon Tanpure, Tq.Karjat, District Ahmednagar. Petitioner

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Versus

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1 The State of Maharashtra,

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through the Secretary, Revenue & Forest Department, Mantralaya, Mumbai-2.

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2 The Collector, Ahmednagar,

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District Ahmednagar.

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Respondents

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Mr.D.R.Jayabhar, advocate for the petitioner Mr.S.V.Kurundkar, Government Pleader for Respondents.

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CORAM : R.M.BORDE &

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V.L.ACHLIYA, JJ. DATE :04th August, 2014

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ORAL JUDGMENT (Per R.M.Borde, J.):

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1 Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

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2 For the reasons recorded while disposing of Writ Petition No.5794 of 2014, instant petition also deserves to be allowed.

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3 In the instant matter, compromise has been arrived at before the Lok Nyayalaya on 08.08.2010 and as per the terms of compromise, amount of compensation arrived at together with interest, as provided under Sections 28 and 34 of the Land Acquisition Act, was required to be disbursed within a period of six months. It is recorded in the terms of compromise that in the event of failure to pay amount of

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compensation, as agreed, claimants will be entitled to claim interest @ 12% p.a. on the excess amount of compensation from the date of taking over possession.

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4 Since the Respondents have failed to honour commitment, Respondents are directed to pay amount of compensation, as arrived at under the agreement, as expeditiously as possible, preferably within a period of three months from today. It is needless to clarify that amount of compensation shall have to be paid together with interest as contemplated by Section 28 of the Land Acquisition Act, as agreed in para 5 of the order passed by the Reference Court on 08.08.2010. Since in spite of arriving at compromise, Respondents have failed to honour commitment, petitioner is entitled to costs, which are quantified at Rs.10,000/- (Rs.Ten thousand). In the event of failure of the Respondents to pay the amount of compensation together with amount of interest and costs, it would be open for the petitioner to take appropriate action against the Respondents for their failure to honour the commitment made before Lok Nyayalaya as well as observing the policy directives issued by the State Government contained in Government Resolution dated 17.12.2011, by taking appropriate measures, including initiation of contempt proceedings.

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5 Rule is accordingly made absolute. There shall be no order as to costs.

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V.L.ACHLIYA R.M.BORDE JUDGE JUDGE

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adb/wp412514

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R.M.BORDE

Dattatraya Bhanudas Shinde v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Dattatraya Bhanudas Shinde v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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