Disposed¶21

Krishna S/O Damodar Landge v. Western Coal Fields Limited, Thr. Chairman-Cum-Managing Director, Nagpur and Ors.

Bombay HC18 Mar 2025WP/3390/2024

Case brief

AI extract

What is this about?

R & R Policy 2012; monetary compensation in lieu of employment; clause 8.1(C) option by land owner; interest on compensation; Western Coal Fields Limited; land acquisition; 5% per annum interest; application dated 25.08.2015; compensation received 04.03.2017; Nagpur Bench writ petition; entitlement stems from exercise of option, not automatic.

What did the court decide?

Respondents directed to pay interest at 5% per annum on the monetary compensation in lieu of employment granted to the Petitioner, from 25.08.2015 to 04.03.2017, to be calculated and paid within four weeks; pending applications disposed of accordingly. ¶21

Krishna S/O Damodar Landge vs Western Coal Fields Limited, Thr. Chairman-Cum-Managing Director, Nagpur and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner is entitled to interest on the monetary compensation in lieu of employment under the R & R Policy 2012, for the period from 2012 (when the Policy came into force) till 04.03.2017 (the date the compensation was received).

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Court's answer

Entitlement to monetary compensation in lieu of employment under clause 8.1(C) of the R & R Policy 2012 stems from the land owner's application exercising the option (employment or monetary compensation), and not otherwise; it does not accrue automatically from the date of the Policy.

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Ratio / Principle

The R & R Policy 2012 has been made applicable to persons whose lands were acquired earlier in point of time, and it cannot be disputed that the Petitioner is entitled to compensation in lieu of employment under that Policy.

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Key takeaways

Since the Petitioner applied exercising his option only on 25.08.2015 and received the compensation on 04.03.2017, he is not entitled to any interest prior to 25.08.2015.ratio¶19
The Respondents are directed to pay interest at the rate of 5% per annum on the monetary compensation in lieu of employment granted to the Petitioner, from 25.08.2015 to 04.03.2017, to be calculated and paid within four weeks.ratio¶21

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench — Writ Petition No. 3390 of 2024 (decided 18.03.2025), Krishna S/o Damodar Landge v. Western Coal Fields Limited & Ors. The Petitioner, who received monetary compensation in lieu of employment under the R & R Policy 2012 on 04.03.2017, claimed interest from 2012 (when the Policy came into force) till the date of receipt. The Court held that although the Policy applies to persons whose lands were acquired earlier, entitlement to monetary compensation under clause 8.1(C) arises only when the land owner applies exercising the option between employment and monetary compensation, and not otherwise. As the Petitioner exercised his option only on 25.08.2015, no interest was due prior to that date. The Petition was disposed of by directing the Respondents to pay interest at 5% per annum on the compensation from 25.08.2015 to 04.03.2017, to be calculated and paid within four weeks.

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2025:BHC-NAG:2719-DB

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1 20.WP.3390-2024.odt

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

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WRIT PETITION NO. 3390 OF 2024

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( Krishna S/o Damodar Landge

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Vs.

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Western Coal Fields Limited, Thr. its Chairman-cum-Managing Director, Coal Estate, Civil Lines Nagpur & Ors. )

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Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

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Mr. P.D. Meghe, Advocate for the Petitioner. Mr. Rohan Chandurkar, Advocate for the Respondents.

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CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

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DATED : 18^th MARCH, 2025

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Heard Mr. Meghe, learned Counsel for the Petitioner and Mr. Chandurkar, learned Counsel for the Respondents.

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2 . The Petitioner claims interest on the monetary compensation awarded to him in lieu of employment for the period 2012 when the Policy came into force till 04.03.2017, on which date, he has received the said compensation.

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3 . Though Mr. Chandurkar, learned Counsel for the Respondents, opposes however, we find that the R & R Policy of 2012, has been made applicable to persons whose lands have been acquired earlier in point of time, on account of which, it cannot be disputed that the Petitioner would be

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2 20.WP.3390-2024.odt

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entitled for compensation in lieu of employment under the R & R Policy 2012. The only question which is to be considered, is the claim for interest with effect from 2012 when the Policy was brought into force till 04.03.2017, the date when the compensation was received.

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4 . Mr. Meghe, learned Counsel for the Petitioner, submits that since the Policy envisaged grant of monetary compensation in lieu of employment, the Petitioner was entitled to such compensation from the date of the Policy, and therefore, grant of compensation to the Petitioner on 04.03.2017, makes the Petitioner entitled for interest.

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5 . In our considered opinion, the submissions cannot be sustained for the reason, that clause 8.1 (C) of the R & R Policy 2012, which provides for monetary compensation in lieu of employment, sub clause 2 thereof provides for the land owners to exercise the option, of either to opt for employment or to forego the employment and opt for monetary compensation. The entitlement therefore to have monetary compensation, would stem, from the application of the land owners, exercising the option and not otherwise.

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6 . In this case, it is only on 25.08.2015 the Petitioner had made an application exercising its option in terms of the aforesaid clause and received the compensation on 04.03.2017, in view of which, the Petitioner would not be entitled to any interest prior to 25.08.2015. We, therefore, dispose off the Petition by directing the Respondents to pay

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3 20.WP.3390-2024.odt

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the interest at the rate of 5% per annum, on the amount of monetary compensation in lieu of employment granted to the Petitioner, from 25.08.2015 to 04.03.2017. The same shall be calculated and paid to the Petitioner within a period of four weeks from today.

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7 . Pending application/s if any, shall stand disposed of accordingly.

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(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)

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SD. Bhimte

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Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 18/03/2025 19:15:06

Krishna S/O Damodar Landge v. Western Coal Fields Limited, Thr. Chairman-Cum-Managing Director, Nagpur and Ors.

Case brief

What is this about?

What did the court decide?

Krishna S/O Damodar Landge v. Western Coal Fields Limited, Thr. Chairman-Cum-Managing Director, Nagpur and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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