2025:BHC-AS:19680-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7224 OF 2022

1. M/s. Manidhari Realtors Private Limited .Petitioners (A company registered under the provisions of the Companies Act, 1956 Through its Director – Kanaiyalal Babulal Agrawal, aged : 57 years

2. M/s. Heriytage Ashcon Properties (A partnership firm)

Through its partner – Manoj Kantilal Shah Male, Aged : 53 years Both having address at Survey No. 145/146, Akkalkot Road, Solapur, Maharashtra.

Vs.

1. Union of India .Respondents Ministry of Road, Transport and Highways, Through Principal Secretary, Transport Bhavan, 1, Parliament Street, New Delhi.

2. The Additional Deputy Collector & Land Acquisition Officer (Unit – 1 – N.H.150E), Collector Office Compound Solapur.

3. The Collector, Office of the District Collector, Solapur.

4. National Highway Authority of India, Through Chief General Manager, Regional Office, 4^th floor, MTNL Tower, Belapur, Navi Mumbai.

5. National Highway Authority of India, Through Project Director (150-E), Plot No. E-2, JAI jalaram Nagar, B/H Shivadre College, Jule Solapur, District – Solapur.

Mr. Ashish Asthawadi i/b. Mr. Rahul Karnik, Advocates, for the Petitioners Mr. Sagar Varma (Through VC) i/b. Mr. Sandeep S. Ladda, Advocates, for Respondent Nos. 4 & 5 Ms. S. D. Vyas, Addl. GP a/w. Mr. Aditya R. Deolekar, AGP, for the Respondent – State CORAM : M. S. SONAK &

JITENDRA JAIN, JJ.

DATE : 25.04.2025 ORAL JUDGMENT (PER : M. S. SONAK, J.) 1. Heard learned Counsel for the parties.

2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned Counsel for the parties.

3. The Petitioners seek the following substantive reliefs by instituting this Petition.

“(A) Issue Rule;

(B) This Hon’ble Court may be pleased to admit and allow the petition;

(C) This Hon’ble Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to pay amount of compensation of Rs. 13,20,34,413/- as per award dated 29.09.2020 and Notice dated 08.03.2022; (D) This Hon’ble Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to pay interest on the awarded amount of Rs. 13,20,34,413/- from the date of taking over possession, i. e. 16.4.2019 at the rate of 9% for the first year and at the rate of 15% per annum thereafter, till the actual payment as per Sec 80 of Compensation Act 2013.”

4. Admittedly, relief in terms of prayer Clause (C) stands granted because the Petitioners were paid compensation of Rs. 13,20,34,413/- in terms of the Award dated 27.04.2022.

5. The issue that remains to be adjudicated is the interest on the alleged delayed compensation payment in Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“2013 Act”).

6. The Petitioners have contended that the possession of the acquired property was taken over by the National Highway Authority of India (“NHAI”) on 17.04.2019. Therefore, in terms of Section 80 of the 2013 Act, interest should be paid for the first year @ 9% p. a. and for the balance years @ 15% p. a., until the full compensation amount was actually paid to the Petitioners on

27.04.2022.

7. The NHAI has filed an Affidavit before us stating that possession of the acquired land was taken over not on 17.04.2019, but on 05.12.2019. The State has filed an Affidavit claiming that possession was taken over only on 27.04.2022 and has also relied upon a possession receipt duly signed by the Petitioners’ representatives in this regard.

8. Therefore, broadly two issues arise in this Petition:-

(a) The factual issue regarding the date on which the possession of the acquired land was taken over from the Petitioners.

(b) The legal issue as to whether, in terms of Section 80 of the 2013 Act, interest as provided therein becomes payable to the Petitioners.

9. Regarding the f