LAWS(SC)-1989-2-13

BIRDHICHAND MISHRILAL GOTHI Vs. STATE OF MAHARASHTRA

Decided On February 13, 1989
BIRDHICHAND MISHRILAL GOTHI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard counsel for the appellants and the State of Maharashtra. It is not in dispute that the bonds under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 were not issued within the time-frame contemplaed by Act. The High Court found that the delay was for varying periods, the maximum being six years. On such finding the High Court to meet the requirements of equity directed that the appellants would be entitled to get interest as per provision in S. 26 of the Act at 3% per annum for the period of delay in issuance of bonds.

(3.) Taking the admitted facts of the case into consideration and the contentions raised by counsel on both sides before us, we direct that the interest of 3% as granted by the High Court shall be enhanced to 10%. The appeal is disposed of.