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SUPREME COURT OF INDIA
H.L. DATTU, CJI., C. NAGAPPAN, AMITAVA ROY, JJ.
Baburao S/o. Govindrao Gaikwad & Anr. - Appellants
Versus
The State of Maharashtra & Ors. - Respondents
Civil Appeal Nos. 7070-7071 of 2015 (Arising out of S.L.P.(C) Nos. 23595-23596 of 2014)
Baburao Narayanrao Sabde - Appellant
Versus
Maharashtra Industrial Development Corp. Laatur & Anr. - Respondents
Civil Appeal No. 7072 of 2015 (Arising out of S.L.P.(C) No. 23598 of 2014)
Decided On : 11-09-2015
Interim Order - Enhanced Compensation - The court directed that 50% of the enhanced compensation granted to the appellants shall be released without security, whereas the balance of 50% shall be released upon furnishing security to the satisfaction of the Collector.
Fact of the Case:
The appeals were directed against the interim orders passed by the High Court of Judicature at Bombay, Aurangabad Bench, rejecting the reasonable prayer made by the appellants for enhanced compensation.
Finding of the Court:
The court found that the prayer made by the appellants required to be accepted and granted, and accordingly directed the release of 50% of the enhanced compensation without security and the remaining 50% upon furnishing security to the satisfaction of the Collector.
Issues: The main issue was the rejection of the reasonable prayer made by the appellants for enhanced compensation.
Ratio Decidendi: The court's decision was influenced by the need to accept and grant the appellants' prayer for enhanced compensation, leading to the direction for the release of the compensation with and without security.
Final Decision: The appeals were disposed of with the direction for the release of the enhanced compensation as per the court's order.
ORDER :
1. Leave granted in the Special Leave Petitions.
Civil Appeals @ S.L.P. (C) Nos. 23595-23596/2014:
2. These appeals are directed against the interim order(s) passed by the High Court of Judicature at Bombay, Aurangabad Bench in Civil Application No.1417 of 2011 and 340 of 2014 in First Appeal No.1367 of 2010, dated 09.02.2011 and 14.02.2014. By the impugned interim order(s), the High Court has rejected the reasonable prayer made by the appellants-herein.
3. Having heard learned counsel for the parties to the lis, we are of the opinion that the prayer made by the appellants requires to be accepted and granted. Accordingly, we pass the following order :
“We direct that 50% of the enhanced compensation granted to the appellants shall be released without security whereas balance of 50% shall be released to them on furnishing security to the satisfaction of the Collector.”
4. The appeals are disposed of accordingly.
Civil Appeal @ S.L.P. (C) No. 23598 of 2014:
This appeal is also disposed of in the same terms, conditions, observations and directions as in Civil Appeals @ S.L.P. (C) Nos. 23595-23596 of 2014.
Ordered accordingly.
ORDER :
Leave granted.
Delay, if any, is condoned.
The appeals are disposed of, in terms of the signed order.
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