Bombay High Court
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDALversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- SANJAY A DESHMUKH
Holding
The court disposed of the appeals, modifying the operative part of the judgments to award interest at 9% per annum for the first year and 15% per annum thereafter.
Summary
The Executive Director of Krishna Khore Mahamandal appealed against awards of compensation granted by the Reference Court, contending that the court erred in the quantum of interest awarded. The State of Maharashtra, relying on a Government Resolution of 3 November 2016 and its corrigendum of 23 February 2017, had a policy not to file or contest appeals where the compensation awarded was within four times the amount awarded by the State Land Acquisition Officer. Both sides argued that, in view of this policy, the appeals should be disposed of, and the appellant further sought correction of the interest rate to 9% per annum for the first year and 15% thereafter. The bench considered the policy, the submissions of counsel, and the need to correct the interest component. It disposed of all the first appeals, modifying the operative part of the judgments to award interest at the rates sought by the appellant.
Issues considered
- Whether the appeals should be dismissed pursuant to the State Government's policy of not contesting appeals where the compensation is within four times the S.L.A.O. award.
- Whether the interest awarded by the Reference Court should be corrected to 9% per annum for one year and 15% per annum thereafter.
Subjects
- compensation award
- interest rate
- government policy
- appeal disposal
- land acquisition
- judgment modification
Judgment
2026:BHC-AUG:19635
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
906 FIRST APPEAL NO. 764 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
WITH
FIRST APPEAL NO. 772 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
FIRST APPEAL NO. 773 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
WITH
FIRST APPEAL NO. 759 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
FIRST APPEAL NO. 761 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
906 FA 866.2014 (4 times)final.odt 1 of 6
…
WITH
FIRST APPEAL NO. 762 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
FIRST APPEAL NO. 768 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
WITH
FIRST APPEAL NO. 769 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
WITH
FIRST APPEAL NO. 1331 OF 2016
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
FIRST APPEAL NO. 765 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
906 FA 866.2014 (4 times)final.odt 2 of 6
WITH
FIRST APPEAL NO. 767 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
WITH
FIRST APPEAL NO. 770 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
WITH
FIRST APPEAL NO. 771 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
WITH
FIRST APPEAL NO. 2922 OF 2015
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
WITH
FIRST APPEAL NO. 2925 OF 2015
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
906 FA 866.2014 (4 times)final.odt 3 of 6
WITH
FIRST APPEAL NO. 763 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
FIRST APPEAL NO. 2926 OF 2015
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
--
WITH
FIRST APPEAL NO. 766 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
--
WITH
FIRST APPEAL NO. 760 OF 2014
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr. G. B. Rajale, Advocate for the appellant
Mr. S. G. Joshi, AGP for the respondent/State
Mr. R. K. Temkar, Advocate for respondent No.2 in respective appeals
Mr. P. V. Barde, Advocate for respondent in respective appeals
CORAM : SANJAY A. DESHMUKH, J.
DATED : 30th APRIL, 2026
906 FA 866.2014 (4 times)final.odt 4 of 6
P. C. :-
1. First Appeal Nos. 760 of 2014, 766 of 2014 and 2926 of 2015 are
not on board. Upon being mentioned, taken on board.
2. The learned Advocate for the appellants and the learned AGP for
the State submit that in view of the policy decision of the State Government as
per the Government Resolution dated 03.11.2016 and the corrigendum dated
23.02.2017 issued thereto, the State Government has resolved not to file or
contest any appeal where the amount of compensation awarded by the
Reference Court is within four times of the amount awarded by the S.L.A.O.
They submit that the present first appeals deserve to be disposed of in view of
the aforesaid policy decision of the State Government, as the amount of
compensation awarded by the Reference Court is within four times of the
amount awarded by the S.L.A.O.
3. The learned Advocate for the appellant/acquiring body pointed out
the operative part of the impugned judgments and submits that the learned
Reference Court erred in awarding interest. He prays that the operative part of
the impugned judgments be corrected as the claimants are entitled to interest
@ 9% per annum for one year from the date of the award and thereafter @
15% per annum till realization of the amount.
906 FA 866.2014 (4 times)final.odt 5 of 6
4. Considering the submissions of both sides as well as the policy
decision of the State Government, the first appeals deserve to be disposed of.
The First Appeals are disposed of accordingly. Pending civil applications, if
any, are also disposed of. The argument of learned Advocate for the
appellant/acquiring body is acceptable with regard to the operative part of the
impugned judgments, to the extent that the claimants are entitled to interest
@ 9% per annum for one year from the date of the award and thereafter @
15% per annum till realization of the amount. Hence, the operative part of the
impugned judgments and awards is modified to that extent only, as under:
The claimants are entitled to interest @ 9% p.a. for one year from
the date of the award, and thereafter @15% p.a. till realisation of the amount.
(SANJAY A. DESHMUKH, J.)
ssp
906 FA 866.2014 (4 times)final.odt 6 of 6
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