Appeal against First Appeal No.831/2014 where the Single Judge allowed grievance regarding interest on enhanced compensation. Single Judge order followed. Appeal allowed partly.
Appellant directed to pay enhanced compensation benefits under Section 28 of Land Acquisition Act: 9% p.a. for first year, 15% p.a. thereafter.
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.
F.A. No.2237/2014
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
FIRST APPEAL NO.2237 OF 2014
Sachin s/o Arunrao Deshpande Age 39 years, Occ. Agriculture and Practicing Lawyer, R/o 27/643, Anandnagar, Osmanabad Taluka and District Osmanabad
... APPELLANT
VERSUS
Shri R.S. Deshmukh, Advocate for appellant Shri N.B. Patil, A.G.P. for State Mrs. Kalpalata Patil Bharaswadkar, Advocate for respondent No.2
CORAM: R.M. BORDE AND P.R. BORA, JJ. DATED: 6th October, 2015.
ORAL JUDGMENT (PER R.M. BORDE, J.) :
disposal.
F.A. No.2237/2014
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For the reasons recorded in First Appeal No.831/2014
F.A. No.2237/2014
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and other companion appeals decided by the learned Single Judge on 2.9.2015, the instant appeal also deserves to be allowed partly and same is accordingly allowed. The respondents are directed, in addition to the amount of compensation awarded by the Reference Court, to pay to the claimants benefits under Section 28 of the Land Acquisition Act on the enhanced amount of compensation awarded by the Reference Court. The amount of interest on enhanced compensation awarded by Reference Court for the initial period of one year from the date of possession shall be paid at the rate of 9% p.a. and after completion of said period of one year as aforesaid, at the rate of 15% p.a. till the date of payment of amount. The appeal is thus allowed partly. There shall be no order as to costs.
2 issues framed by the court
Whether the benefit of interest under Section 28 of the Land Acquisition Act should be extended to the enhanced amount of compensation instead of the original award.
Whether the grievance regarding failure to extend interest on enhanced compensation deserves to be decided on merits.
1 provisions across 1 enactments
Sachin Deshpande
The State of Maharashtra
R.M. BORDE
P.R. BORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
