Disposed

Vaijinath Manik Sable and Others v. the State of Maharashtra and Others

Bombay HC10 Nov 2014WP/416/2014

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Aurangabad Bench, disposed of a writ petition seeking immediate payment of land acquisition compensation. The court recorded the State's policy stance but directed immediate deposit within six months with enhanced interest provisions for delay.

What did the court decide?

Direction to respondents to complete payment of award within six months from today; 15% interest applicable if payment not made after expiry of six months.

Vaijinath Manik Sable and Others Vs the State of Maharashtra… — Land Acquisition | Bombay HC (2014)

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(1) W.P. No. 416 of 2014

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.

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Writ Petition No. 416 of 2014

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Shri Vaijinath Manik Sable, Age : 65 years, Occupation : Agriculture, R/o. Domgaon, Taluka : Paranda, District : Osmanabad.

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Shri Tukaram Haribha Kale, Age : 55 years, Occupation : Agriculture, R/o. as above.

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Shri Venkat Deva Jagtap, Age : 27 years, Occupation : Agriculture, R/o. as above.

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Shri Sitaram Gundiba Kale, Age : 55 years, Occupation : Agriculture, R/o. as above.

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Shri Rajaram Satwa Chavan, Age : 55 years, Occupation : Agriculture, R/o. as above.

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Shri Ankush Manikrao Sable, Age : 55 years, Occupation : Agriculture, R/o. as above.

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Shri Ramdas Haribha Kale, Age : 55 years, Occupation : Agriculture, R/o. as above.

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(2) W.P. No. 416 of 2014

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Shri Hambirrao Haribha Kale, Age : 55 years, Occupation : Agriculture, R/o. as above. 9. Shri Bhanudas K. Dhabade, died through L.R., Madhukar Bhanudas Dhabade, Age : 50 years, Occupation : Agriculture, R/o. as above. 10. Shri Tukaram Ramchandra Khaire, Age : 60 years, Occupation : Agriculture, R/o. as above. .. Petitioners. versus 1. The State of Maharashtra, Through the Collector, Osmanabad (Formal Party). 2. The Special Land Acquisition Officer / Sub-Divisional Officer (M.I.T.), Osmanabad, Head Office Paranda, District : Osmanabad. 3. The Acquiring Body, The Executive Engineer, 'Seena Kolegaon Project Division', Paranda, Dist. : Osmanabad. .. Respondents. .........................

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Ms. A.R. Ubale, Advocate, holding for Mr. Ganesh S. Patil, Mr. A.G. Patil and Mr. H.M. Kamble, Advocates, for the petitioners.

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(3) W.P. No. 416 of 2014

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Mr. P.P. More, Assistant Government Pleader, for respondent nos.1 and 2.

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Respondent no.3 served (Absent).

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CORAM : B.P. DHARMADHIKARI & A.M. BADAR, JJ.

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DATE : 10TH NOVEMBER 2014

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COURT'S ORDER (Per B.P. Dharmadhikari, J.) :

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Heard Adv. Ms. A.R. Ubale for the petitioners, and learned AGP Mr. P.P. More for respondent nos.1 and 2. None for respondent no.3 though served.

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The learned Assistant Government Pleader states that in terms of policy decision taken by the State Government, to fulfill all its commitments in such matters, the amount due and payable to the petitioners in terms of award of Lok Adalat shall be deposited within a period of six months.

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The learned Counsel appearing for the petitioners is opposing grant of such time. According to her, the petitioners have already suffered loss of interest while settling the matter in Lok Adalat.

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The terms and conditions of settlement show that the petitioners are entitled to 12 % interest on entire amount till the date of

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(4) W.P. No. 416 of 2014

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payment.

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We, therefore, record statement being made by the learned Assistant Government Pleader and with direction to the respondents, to complete the payment within a period of six months from today, we dispose of the petition.

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However, it is made clear that if payment as above is not made, the petitioners shall be entitled to 15 % interest on said amount, after expiry of period of six months.

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( A.M. BADAR ) ( B.P. DHARMADHIKARI ) JUDGE JUDGE

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puranik / WP416.14

Vaijinath Manik Sable and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Vaijinath Manik Sable and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

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