Deu Ladku Karela v. the Competent Authority Mumbai-Varodara Exp and Anr.
Case brief
What is this about?
Bombay High Court, 21-03-2025, batch of writ petitions led by WP 15379/2023 (Suman Govind Kude v. Competent Authority & Sub-Divisional Officer): refund of 10% market-value deduction from land-acquisition compensation made under GR dated 15-07-2010; interest 12% p.a. from Section 3A notification to Section 3G award and 9% p.a. post-award till payment; National Highways Act Sections 3A/3G; RFCTLARR Act 2013; precedents followed/applied: Diksha Dilip Pawar (WP 3545/2020, (2022) 4 Mh.L.J. 687; GR struck down, Article 14 violation, Class-II occupancy lands), Suresh Ziper Salkar (WP 5587/2021), Roshanbi Aziz Motiwala (WP 1910/2022), UOI v. Tarsem Singh ((2019) 9 SCC 304); enforcement directions: direct bank-account credit within two months, compliance by 10-06-2025, additional 3% p.a. on default recoverable from responsible officials; affected landowners include tribals.
What did the court decide?
Each Petitioner to be paid the 10% deducted amount together with interest at 12% p.a. from the date of the Section 3A notification till the date of award under Section 3G of the National Highways Act, and 9% p.a. from the date of the Section 3G award till actual payment; payment into the Petitioners' bank accounts within two months of uploading the order without the Petitioners having to approach the first Respondent; compliance report to be filed by 10th June 2025; on default, additional interest of 3% p.a. over the 9% p.a., initially borne by State funds and recoverable from the first Respondent or officials responsible; Rule made absolute in all petitions; no order for costs.