Mahesh Ramdas Lathad and Ors. v. the Competent Authority and Anr.
Case brief
What is this about?
Land acquisition compensation — 10% deduction of market value on Class-II occupancy lands under Government Resolution dated 15.07.2010 held unauthorised; refund with interest at 12% p.a. from Section 3A notification to Section 3G award (National Highways Act; RFCTLARR Act 2013; Union of India v. Tarsem Singh (2019) 9 SCC 304) and 9% p.a. post-award till payment (following Roshanbi Aziz Motiwala, W.P. 1910/2022); Diksha Dilip Pawar (2022) 4 Mh.L.J. 687 followed — GR struck down as violative of Article 14; Suresh Ziper Salkar W.P. 5587/2021 followed; payment within two months directly into bank accounts; penal interest 3% p.a. for default, recoverable from officials; several petitioners reported to be tribals; Competent Authority and Sub-Divisional Officer; Bombay High Court writ petitions 2023–2025 disposed by common judgment dated 21.03.2025.
What did the court decide?
Refund to each Petitioner of the 10% deducted from compensation with interest at 12% p.a. from the date of the Section 3A notification till the date of the award under Section 3G of the National Highways Act and further interest at 9% p.a. from the date of the award till actual payment; payment as expeditiously as possible and in any event within two months of uploading of the order, transferred directly into the Petitioners' bank accounts without requiring them to approach the authority; compliance report by 10th June 2025, failing which additional interest of 3% p.a. over and above 9% p.a.; Rule made absolute in all the petitions; no order for costs.