High Court disposed of multiple writ petitions challenging land acquisition compensation. Directing respondents to pay awarded compensation within three months with interest at 8.25% per annum from agreement execution date.
Direct payment of compensation within three months with interest at 8.25% per annum from agreement date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(27)WP-426-14
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.426 of 2014 WITH WRIT PETITION NO.11908 OF 2013 WITH WRIT PETITION NO.12127 of 2013 WITH WRIT PETITION NO.12109 OF 2013 WITH WRIT PETITION NO.12110 of 2013 WITH WRIT PETITION NO.465 OF 2014 WITH WRIT PETITION NO.11909 of 2013 WITH WRIT PETITION NO.659 OF 2014 WITH WRIT PETITION NO.2433 of 2014 WITH WRIT PETITION NO.339 OF 2014 WITH WRIT PETITION NO.1458 of 2014 WITH WRIT PETITION NO.1253 OF 2014 WITH WRIT PETITION NO.1284 of 2014 WITH WRIT PETITION NO.2438 OF 2014 WITH WRIT PETITION NO.2434 of 2014 WITH WRIT PETITION NO.1457 OF 2014 WITH WRIT PETITION NO.2436 of 2014 WITH WRIT PETITION NO.2430 OF 2014 WITH WRIT PETITION NO.2437 of 2014
tilak
1/4
(27)WP-426-14
WITH WRIT PETITION NO.464 OF 2014 WITH WRIT PETITION NO.1285 of 2014 WITH WRIT PETITION NO.11889 OF 2013 WITH WRIT PETITION NO.12114 of 2013
Office Notes, Office Memoranda of Coram, Appearances, court’s orders or directions and Prothonotary's orders
Court’s or Judge’s orders
Mr.T.D.Deshmukh with Mr.Ritesh Kulkarni for the petitioner. Mr.V.S.Gokhale, AGP for respondent nos.1 to 3. Mr.C.M.Lokesh with Ms.Vaibhavi S. Gole i/b A.R.Bhole & Co. for respondent nos.4 and 5.
CORAM : A.S.OKA & A.A.SAYED, JJ. DATE : 12th MARCH, 2014
P.C.:
1 On the earlier date, the parties were put to notice that the petition shall be disposed of finally at the stage of admission.
2 There is no dispute that the facts of these cases are more or less identical. The Maharashtra Industrial Development Corporation is the acquiring body. Acquisition proceedings were
tilak
2/4
(27)WP-426-14
initiated under the provisions of the Maharashtra Industrial Development Corporation Act, 1961.
3 The case made out in these petitions is that there were agreements entered into between petitioners and the State under which the petitioners agreed to accept compensation @ Rs.2,50,000/ per Hectare. The prayer in these petitions is for issue of writ of mandamus directing the respondents to immediately release the compensation amount calculated at the rate of Rs.2,50,000/ per Hectare. A prayer is also made for grant of interest at the rate of 10% per annum from the date of the agreement.
4 The awards have been made on 22nd May 2013 directing payment of compensation to the petitioner at the agreed rate. There is no dispute between the parties that these cases will be governed by the judgment and order dated 13th December 2013 passed by this Court in Writ Petition No.4121/13 (Sushma Murlidhar Ghadge & Anr Vs. State of Maharashtra & ors) and other connected matters.
5 Hence for the reasons recorded in the said judgment and order dated 13th December 2013, we
tilak
3/4
(27)WP-426-14
dispose of these petitions by passing the following order:
(i) We direct the respondents to pay compensation to the petitioners/claimants in terms of the awards dated 22nd May 2013 within a period of three months from today.
(ii) The amount of compensation shall carry interest at the rate of 8.25 % per annum from the respective dates on which petitioners have executed the agreements in writing with the State Government, till the actual dates of payment of compensation to the petitioners.
(iii) There will be no order as to costs.
(iv) In those cases where even the principal amount of compensation is not yet paid to the petitioners, we expect the respondents to release the said amount as expeditiously as possible without waiting for expiry of period of three months.
Petitions are disposed of in the above terms.
(A.A.SAYED, J)
(A.S.OKA, J )
tilak
4/4
1 issue framed by the court
Whether respondents are directed to pay compensation to petitioners in terms of awards dated 22nd May 2013 within three months.
Colour shows how this judgement treated each authority
Sushma Murlidhar Ghadge & Anr Vs. State of Maharashtra & orsApplied¶21
Writ Petition No.4121/13 (Sushma Murlidhar Ghadge & Anr Vs. State of Maharashtra & ors)
1 provisions across 1 enactments
Tilak
Maharashtra Industrial Development Corporation
A.S.OKA
A.A.SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
