LAWS(BOM)-2016-12-120

VIKAS BADRINATH DOIFODE Vs. THE STATE OF MAHARASHTRA

Decided On December 21, 2016
Vikas Badrinath Doifode Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The petition is heard finally at the stage of admission with the consent of the learned Counsel for the parties.

(2.) By this petition, the petitioners seek a direction against the State Government to award the rehabilitation compensation to the petitioners towards the acquisition of their lands. The petitioners seek a further direction against the respondents to pay the interest on the delayed payment of compensation.

(3.) The petitioners were the owners of lands in Singaon Jahagir, Tq. Deulgaon Raja, District Buldhana. The lands of the petitioners were sought to be acquired for the purpose of construction of Khadakpurna dam. The Section 4 Notification was issued on 14.6.2007. Though the proceedings were initiated under the Land Acquisition Act, in the midst of the proceedings, the parties agreed that a particular compensation be paid to each of the petitioners and a consent award was passed. In pursuance of the consent award, the sale-deeds were executed by the petitioners in favour of the State Government. The sale-deeds were executed in the year 2009. Though the compensation was payable to the petitioners as per the tentative market value of the land on the date of issuance of Section 4 Notification on 14.6.2007, the State Government did not release the compensation payable to the petitioners in terms of the consent award till March, 2012. Since the petitioners were not paid the rehabilitation compensation and since the petitioners had suffered severe monetary loss in view of the delayed payment of compensation, the petitioners have approached this Court with the aforesaid prayers.