ANANDA BABURAO PAWAGI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, a writ of mandamus is sought directing the second Respondent (Special Land Acquisition Officer) to make payment of the amount payable under the Award made on 2nd May 2011 ( for short "the said award") under Subsection (2) of Section 28A of the Land Acquisition Act, 1894 ( for short "the said Act") together with interest accrued thereon till the date of payment. The specific prayer is that the entire amount of compensation including the interest be paid to the Petitioners on the Petitioners furnishing a bank guarantee for the entire amount.

(2.) A land owned by the Petitioners was acquired under the provisions of the said Act for the public purposes of submergence of Neera Deoghar Project. The award under Section 11 of the said Act was made on 28th February 1996. The Petitioners did not apply for a reference under Section 18 of the said Act. An application under Sub section (1) of Section 28A of the said Act was made by the Petitioners for redetermination of the compensation on the basis of the judgment and award made by the Civil Court on 24th August 2004 in Land Acquisition Reference No.70 of 1997 along with the connected Land Acquisition References. After holding an inquiry as contemplated by Subsection (2) of Section 28A of the said Act, on 2nd May 2011, an award under Subsection (2) of Section 28A of the said Act was made by the second Respondent. By the said award, enhanced compensation was offered to the Petitioners. The second Respondent granted statutory benefits under Sections 23(1A) and 23(2) of the said Act. On the enhanced amount of compensation, interest at the rate of 9% per annum was granted for a period of one year from 28th February 1996. The possession of the acquired land was taken over on the said date. For further period from 28th February 1997 till the date of the award ( i.e. 2nd May 2011), the interest was made payable at the rate of 15% per annum till the date of the Award. The fourth Respondent which is claiming to be the acquiring body was also heard by the Special Land Acquisition Officer while making the said award.

(3.) It must be noted here that as the Petitioners were not made aware of the outcome of the inquiry held under Subsection (2) of Section 28A of the said Act, the Petitioners filed Writ Petition No.5019 of 2012 in this Court which was disposed of by this Court by permitting the Petitioners to make a representation. Accordingly, the Petitioners made a representation to the Special Land Acquisition Officer. By letter dated 6th November 2012, the Deputy Collector (Land Acquisition) informed the Petitioners' Advocate that the award has been made on 2nd May 2011. A copy of the award was forwarded along with the said letter to the Advocate for the Petitioners. It was stated in the said letter that the Executive Engineer of the of Neera Deoghar Project has been informed by the letter dated 2nd May 2011 to deposit the compensation amount. The grievance in the Petition is that though the award was made on 2nd may 2011, the compensation payable under the said award has not been paid. Therefore, the present Petition was filed on 30th January 2013. The Petitioners have claimed interest on the unpaid amount. The Petitioners have shown readiness to furnish a bank guarantee for the entire amount.