Disposed

State of Maharashtra v. Babu Mahada Chaware

Bombay HC1 Aug 2021FA/1811/2009

Case brief

AI extract

What is this about?

National Lok Adalat disposed of multiple First Appeals filed by the State of Maharashtra against Land Acquisition Awards. The Appeals were settled by consent. The Award was modified to adjust interest calculation based on Full Bench and Single Bench precedents. The State was directed to deposit the modified compensation amount within six months without interest.

What did the court decide?

Impugned Awards modified for interest calculation; State directed to deposit compensation within six months without interest; bank guarantee released.

State of Maharashtra Vs Babu Mahada Chaware — Land Acquisition | Bombay HC (2021)

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58-FA-1804-09.odt

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE R. N. LADDHA, J. HELD ON 1^ST AUGUST, 2021,

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AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD

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FIRST APPEAL NO.1804 OF 2009

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STATE OF MAHARASHTRA

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VERSUS

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MANIK YANKA DARADE AND OTHERS

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AGP for Appellant-State : Mr. A. M. Phule Mr. Chetan Suresh Thakare, Asst.Engineer Gr.-1, Parali Vaijanath, GMIDC Advocate for Respondents No.1 and 2 : Mr. Vivek Vasantao Bhavthankar

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WITH FA/1817/2009 WITH FA/1813/2009 WITH FA/1810/2009 WITH FA/1811/2009 WITH FA/1809/2009 WITH FA/1821/2009 WITH FA/1822/2009 WITH FA/1806/2009 WITH FA/1807/2009 WITH FA/1808/2009 WITH FA/1814/2009 WITH FA/1820/2009 WITH FA/1819/2009 WITH FA/1815/2009 WITH FA/1816/2009

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WITH FA/1823/2009

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O R D E R

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These Appeals are placed before today’s Lok Adalat with the consent of the parties.

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Mr. Chetan Suresh Thakre, Assistant Engineer Grade-1, Parali Vaijanath, GMIDC, on behalf of State/Acquiring Body, is present. Mr. A. M. Phule, learned AGP for the appellant-State is present. The respondents-claimants are represented by learned Advocate Mr. V. V. Bhavthankar.

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The learned AGP for the Acquiring Body/State and learned counsel for the respondents-claimants fairly conceded that the Government of Maharashtra, vide Government Resolution No. Sankirna2014/pra.kra.4/Bham-1/A-4, dated 3^rd November, 2016 with Government Corrigendum, dated 23^rd February, 2017 and 13^th August, 2018 to the said Government Resolution, took decision to settle the

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appeal by accepting the market rates determined by the Reference Court, which are within the parameters set out in the Government Resolution. The statement made by the both the learned Advocates is in consonance with the recitals in the Government Resolution. In turn, these Appeals are fit to dispose of before the Lok Adalat.

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The learned Advocates for both the parties further submit that as far as the interest U/s. 28 and 34 of the Land Acquisition Act, 1894 (for short “Act”) awarded by the SLAO as well as Reference Court shall be as per verdict by the Full Bench in the case of State of Maharashtra vs. Kailash Shiva Rangari, 2016 (4) ALL MR 513 and the Hon’ble Single Judge in the case of State of Maharashtra vs. Ramesh Tukaram Meshram – 2018 (1) ALL MR 645. In turn, they submit that the impugned Award may be modified to that extent as far as interest is concerned.

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Having considered the legal position ruled in both the aforesaid Judgments, the impugned Award may be modified, if required. The interest shall be calculated, if required, as per these two Judgments.

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The Acquiring Body/State shall deposit the amount of compensation as per modified Awards within six months from the date of this order. The learned Advocate for both the parties further submit fairly that the amount shall not carry interest which would be deposited within period of six months. The statement is accepted. However, it is clarified, if the amount is deposited after six months, then it shall carry the interest in terms of Section 28 or 34 of the Act, as the case may be.

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The learned Advocates for both the parties further made submission on the point of amount deposited. As far as the amount, if any, already deposited and withdrawn fully by the respondents-claimants then nothing survives in respect of said amount.

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The amount deposited in this Court and not withdrawn or which would be deposited in terms of this compromise be transmitted to the concerned Reference Court with further directions to disburse the said amount to the claimants in the terms of this Award and excess amount, if any, to the Acquiring Body/State.

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The original claimants are at liberty to make appropriate application for withdrawal before the Reference Court. If the amount in terms of compromise above is not deposited within six months, the claimants are at liberty to file Execution Proceeding before the Reference Court.

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