Partly allowed

The Ex. Engineer, Nandur Madhameshwar Canal Div. Vaijapur Under Gmidc Aurangabad v. Yadav Bala Shinde (Died) Thr Lrs Asaram and Ors.

Bombay HC26 Oct 2018FA/3267/2018

Case brief

AI extract

What is this about?

The High Court allowed appeals to modify land acquisition awards. It quashed the order awarding interest from the date of possession and ordered interest to be payable only from the date of declaration under Section 11 of the Land Acquisition Act, 1894, following the Full Bench decision in State of Maharashtra vs. Kailash Shiva Rangari.

What did the court decide?

Interest under Section 34 of the Land Acquisition Act, 1894 awarded from the date of declaration of the award, not from the date of taking possession.

The Ex. Engineer, Nandur Madhameshwar Canal Div. Vaijapur… — Land Acquisition | Bombay HC (2018)

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{1} 903 FA 3267 OF 2018 & ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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903 FIRST APPEAL NO. 3267 OF 2018 WITH

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CA/3813/2018 IN FA/3267/2018

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. The Executive Engineer, Nandur Madhameshwar Canal Division, Vaijapur, Tal.Vaijapur, District Aurangabad under the Godawari Marathwada Irrigation Development Corporation, Aurangabad. ..Appellant (Orig.Resp.No.2) Versus . Yadav Bala Shinde (died) Through LRs. 1. Asaram S/o. Yadav Shinde Age: 67 years, Occu.: Agri., R/o. Ukadgaon Road, Vaijapur, Tq.Vaijapur, Dist.Aurangabad. 2. Bhimrao S/o. Yadav Shinde Age: 60 years, Occu.: Agri., R/o. As above ..(Orig.Claimant) 3. The State of Maharashtra, Through District Collector, Aurangabad. ..(Orig.Resp.No.1) ..Respondents. … WITH FIRST APPEAL NO. 3268 OF 2018 WITH CA/3816/2018 IN FA/3268/2018 . The Executive Engineer, Nandur Madhameshwar Canal Division, Vaijapur, Tal.Vaijapur, District Aurangabad under the Godawari Marathwada Irrigation Development Corporation, Aurangabad. ..Appellant (Orig. Resp. No.2)

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{2} 903 FA 3267 OF 2018 & ANR.

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Versus

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Sahebrao S/o Jaganath Shete Age: 62 years, Occu.: Agriculture, R/o.Shete Vasti, Ukadgaon Road, Vaijapur, Tal.Vaijapur, District: Aurangabad ..(Orig. Claimant) 2. The State of Maharashtra, Through District Collector, Aurangabad. ..(Orig. Resp. No.1) ..Respondents.

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... Advocate for Appellants : Shri M.S.Karad h/f. Shri S.S.Thombre AGP for Respondent – State : Shri G.O.Wattamwar Advocate for Respondents - Claimants : Shri A.D.Kasliwal

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CORAM : P.R.BORA, J.

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DATE: 26^th October, 2018

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ORAL JUDGMENT :-

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Heard Shri M.S.Karad, learned Counsel appearing for the appellant, Shri G.O.Wattamwar, learned AGP for the respondent - State and Shri A.D.Kasliwal, learned Counsel appearing for the respondents – original claimants.

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In both these appeals. the grounds of objection raised are same. I have, therefore, heard the common arguments in both these appeals and I deem it appropriate to decide these appeals by common reasoning.

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{3} 903 FA 3267 OF 2018 & ANR.

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At the outset, learned Counsel appearing for the Acquiring Body submitted that the appellant is restricting the objection to the impugned Judgments only to the extent of grant of interest by the Reference Court under Sections 28 and 34 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The learned Counsel submitted that in view of the law laid down by the Full Bench of this Court in the case of the State of Maharashtra Vs. Kailash Shiva Rangari [2016 (4) All MR 513] , the Reference Court could have granted interest under Section 34 of the Act only from the date of declaration of the award under Section 11 of the Act and not from any prior date.

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Shri Kasliwal, learned Counsel fairly concedes the legal position and submits for passing appropriate orders.

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It is further brought to my notice that in the companion appeals arising out of the same acquisition, matters are settled before the Lok Adalat held on 08.09.2018. The copy of the order passed by the Panel of Lok Adalat is tendered across the Bar. In the said matters also, the impugned awards are modified only to the extent of grant of interest under Section 34.

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{4} 903 FA 3267 OF 2018 & ANR.

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In view of above, similar course needs to be adopted in the present matters also. Hence, the following order is passed:-

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ORDER

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I) The awards impugned in the present appeals shall stand modified to the extent of award of interest under Section 34 of the Land Acquisition Act, 1894.

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II) The order passed by the Reference Court awarding interest under Section 34 of the Land Acquisition Act, 1894, from the date of taking possession of the acquired land, stands quashed and set aside. Instead, such an interest is made payable from the date of declaration of award under Section 11 of the Land Acquisition Act, 1894.

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III) Save and except the aforesaid modification, the rest of the award remains unchanged.

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IV) Both the appeals stand partly allowed in the aforesaid terms. Pending civil applications stand disposed of.

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V) The amount of compensation deposited by the Acquiring Body in this Court be transmitted to the Executing Court i.e. Court of Civil Judge, Senior Division, Vaijapur, District Aurangabad.

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VI) The respondents are entitled to receive the amount of compensation as per the modified award. Balance, if any, be refunded to the Acquiring Body.

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( P.R.BORA ) JUDGE

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SPT

The Ex. Engineer, Nandur Madhameshwar Canal Div. Vaijapur Under Gmidc Aurangabad v. Yadav Bala Shinde (Died) Thr Lrs Asaram and Ors.

Case brief

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What did the court decide?

The Ex. Engineer, Nandur Madhameshwar Canal Div. Vaijapur Under Gmidc Aurangabad v. Yadav Bala Shinde (Died) Thr Lrs Asaram and Ors.

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