Prabhakar Vijay Patil and Ors. v. the Competent Authority and Sub-Divisional Officer Vasai and Anr.
Case brief
What is this about?
Land acquisition compensation — deduction of 10% of market value under Government Resolution dated 15.07.2010 for Class-II occupancy lands held unsustainable after Diksha Dilip Pawar struck down the GR as violative of Article 14 — refund of deducted amount with interest: 12% p.a. (statutory rate) from Section 3A notification to Section 3G award under the National Highways Act read with the RFCTLARR Act 2013 and Union of India v. Tarsem Singh (2019) 9 SCC 304; 9% p.a. post-award till actual payment per Roshanbi Aziz Motiwala — payment within two months directly into bank accounts without applicants approaching officials — compliance by 10.06.2025 — penal interest 3% p.a. for default, recoverable from responsible officials — several petitioners tribals — Bombay High Court, common judgment in batch of connected writ petitions (2023–2025), decided 21.03.2025.
What did the court decide?
First Respondent directed to pay each Petitioner the 10% deducted amount 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 Section 3G award till actual payment; payment to be credited to the Petitioners' bank accounts within two months of uploading the order without the Petitioners having to apply; compliance to be filed in Court by 10th June 2025 with a copy to Petitioners' counsel; default attracts additional interest of 3% p.a. over the 9% p.a., payable initially from State funds and recoverable from the first Respondent or the officials responsible for the delay; no order as to costs.