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2000 Supreme(Bom) 961

IN THE HIGH COURT OF BOMBAY
(AURANGABAD BENCH)
B.H. Marlapalle N.V. Dabholkar, JJ.
Maimune Banu Hamidali Khan others.... Petitioners.
Versus
State others.... Respondents.
Writ Petition Nos. 199 200 of 1998 with W.P. No. 2674, 2786 and 3693 of 2000, decided on 22-12-2000.
Advocates appeared :
S.B. Bhapkar, in W.P. No. 199 of 1998, for petitioners.
V.D. Sapkal, A.G.P., in W.P. No. 199 of 1998, for State-respondents.
R.L. Chintewar, in W.P. No. 200 of 1998, for petitioner.
V.B. Ghatge, A.G.P., in W.P. No. 200 of 1998, for State-respondents.
A.B. Kale, in W.P. No. 2674 of 2000, for petitioner.
Smt. J.P. Alolkar, A.G.P., in W.P. No. 2674 of 2000, for State-respondents.
B.L. Sagar Killarikar, in W.P. No. 2786 of 2000, for petitioner.
U. Patil, A.G.P., in W.P. No. 2786 of 2000, for State-respondents.
R.K. Ashtikar, in W.P. No. 3693 of 2000, for petitioner.
M.L. Dharashive, A.G.P., in W.P. No. 3693 of 2000, for State-respondents.

Headnote:Land Acquisition Act, 1894

       Sections 4, 6, 17(3-A) and 31(2)-Constitution of India, Articles 300-A and 226--Private negotiations for acquiring the land by Collector-Filing of claim for rental compensation and interest prior to notification-Plea of compensation with interest from acquisition of land under Section 23(1-A)-Army force-Acquisition on negotiation is a breach of Constitutional guarantee under Article 300-A.

       

JUDGMENT - B.H. MARALAPALLE, J.:---In all the these petitions, a common question of law is involved and hence, these petitions are disposed off by a common judgment.

2. In Writ Petition No. 199/1998, agricultural land belonging to the petitioners admeasuring 5 Hectare and 85 Acre in Survey No. 208, 212-A of Latur, was acquired by private negotiations and the possession was taken over on 21-8-1986, whereas, the land acquisition proceedings were initiated thereafter and finally an award came to be passed on 3-5-1990 under the Act. The petitioners also submitted an application under section 18 of the Act. In the meanwhile, the petitioners approached this Court in Writ Petition No. 3003/1996, which came to be disposed off by an order dated 11-7-1996 with a direction to the respondent authorities to consider the claim of the petitioners for payment of rental compensation for the period from 21-8-1986 to 3-5-1990, within the period of four months. The petitioners have received the rental compensation amount, but without interest and the claim is now for the interest on the amount of rental compensation.

In Writ Petition No. 200/1998, the petitioner is an Advocate by profession. He claims that his agricultural land admeasuring 11 acre is taken over by the Land Acquisition Officer on 15-6-1982 and the notification under section 4(1) of the Act was issued thereafter. Finally, an award for compensation came to be passed under the Act on 25-5-1993. The petitioner, therefore, filed Writ Petition No. 2786/1994 before this Court for payment of rental compensation for the period from 15-6-1982 to 25-5-1993. The said writ petition came to be allowed by an order dated 8-7-1996 by a Division Bench of this Court by directing the Government to decide the pending application for rental compensation within a period of four months. Accordingly, the petitioner has been paid an amount of Rs. 6,50,000/- which came to be sanctioned by the respondent No. 3 by way of rental compensation in favour of the petitioner and an amount of Rs. 5,04,295/- has been paid to him in the month of March, 1997, whereas, the balance of Rs. 1,50,000/- has been withheld. He is seeking directions for payment of interest @ 12% p.a. on the amount of rental compensation paid to him for the period from 15-6-1982 to 31-3-1997.

In Writ Petition No. 2674/2000, the petitioner's agricultural land in Survey No. 48 of village Harangul (Bk) was acquired for the purpose of construction of Air Strip and possession of the said land admeasuring 2 Hectare and 49 R was taken over by private negotiations on 14-2-1987, whereas, the notice under section 4(1) of the Act came to be issued on 6-7-1987 and finally, the award was passed on 31-3-1991. His reference for higher compensation is pending before the Jt. Civil Judge, Sr. Division, Latur. He submitted an application on 16-7-1996 for payment of rental compensation @ 8% on the final award. As the application was not decided, he approached this Court in Writ Petition No. 4137/1996, which came to be decided on 2-7-1999 with directions to the respondents to decide the petitioner's pending application for rental compensation on its own merits. The respondents calculated the amount of rental compensation and paid him the same. However, he was not paid interest on the rental compensation granted by the reference Court and he, therefore, claims his right to recover interest on rental compensation on the basis of a communication dated 2-11-1993 issue by the Irrigation Department, Mantralaya, Mumbai, addressed to the Chief Engineer, Irrigation Department, Aurangabad, as well as a communication between the said parties dated 15-4-1994. The petitioner further states that a similar prayer was granted by this Court in Writ Petition No. 1024/1989 by an order dated 7-7-1989.

In Writ Petition No. 2786/2000, the petitioners agricultural land, admeasuring 2 Hectare and 72 Are from the Survey No. 20/4 and 20/5 of village Shivani Orrala, tq. Nilanga, District, Latu

















































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