Dismissed

Executive Engineer, Minor Irrigation Division, Akola v. Golusingh Tukaram Rathod (Since Dead) through Its Lrs. and Another

Bombay HC10 Dec 2024WP/5267/2024

Case brief

AI extract

What is this about?

Acquiring body challenged Reference Court's rejection of its Section 152 CPC application seeking correction of an enhancement award to delete interest on solatium. The High Court held the correction sought was not an arithmetical or clerical error and dismissed the petition.

What the court decided

AI extract

Executive Engineer, Minor Irrigation Division, Akola Vs… — Land Acquisition | Bombay HC (2024)

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1 / 2 919.wp5267.2024

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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WRIT PETITION NO. 5267 OF 2024

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Executive Engineer, Minor Irrigation Division, Akola Vs.

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Golusingh Tukaram Rathod (since dead), thr. its legal heirs Sundarabai wd/o Golusingh Rathod and others

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Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

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Court's or Judge's Orders.

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Mr. J.B. Kasat, Advocate for petitioner. Mr. A.G. Mate, AGP for respondent/State.

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CORAM : N.R. BORKAR, J.

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DATE : 10.12.2024.

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This petition takes exception to the order dated 20.07.2024 passed by the learned Civil Judge Senior Division, Washim below Exhibit 1 in MANRJI No.1/2023.

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Respondent Nos.1 to 8 are the legal representatives of one Golusing Tukaram Rathod. The said Golusingh Rathod had filed reference under Section 18 of the Land Acquisition Act.

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By judgment and order dated 03.12.2009, the learned Civil Judge (Senior Division), Washim allowed the said reference. The operative part of the

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Prity

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2 / 2 919.wp5267.2024

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order passed by the learned Reference Court reads thus:

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“1. Application is allowed.

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The applicant is entitled for Rs.9,51,617/- as a enhance compensation.

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Non applicant directed to pay the interest @ 15% from the date of decree till realization of amount.

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Decree be drawn accordingly.”

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By the order impugned the learned Reference Court has rejected the application filed by the present petitioner for correction of the award.

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The learned counsel for the petitioner inter alia submits that the learned Reference Court erred in granting interest on amount of solatium.

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Admittedly, the application in question was filed under Section 152 of the Civil Procedure Code. By no stretch of imagination the correction sought can be said to be arithmetical on clerical error. The petition is dismissed.

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(N.R. BORKAR, J.)

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Prity

Executive Engineer, Minor Irrigation Division, Akola v. Golusingh Tukaram Rathod (Since Dead) through Its Lrs. and Another

Case brief

What is this about?

What the court decided

Executive Engineer, Minor Irrigation Division, Akola v. Golusingh Tukaram Rathod (Since Dead) through Its Lrs. and Another

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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