Bombay High Court
KIRAN SHIVAJI DESHMUKHversusTHE DEPUTY COLLECTOR LAND ACQUISITION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petitioner is entitled to the interest amount calculated for the delayed disbursal, and the respondent must pay it within ten days.
Summary
The petitioner, Kiran Shivaji Deshmukh, filed a writ petition challenging the delay in disbursal of a sum due under a land acquisition proceeding. The respondents, including the Deputy Collector (Land Acquisition) Metro Centre No.3 and CIDCO, had failed to pay interest on the delayed amount. The Court examined whether the petitioner was entitled to interest for the delay and whether the respondents were bound to pay it. Relying on the additional affidavit submitted by the respondent, which showed that interest of Rs.3,95,697 had been calculated and a cheque issued, the Court directed immediate payment. The Court held that the payment of the calculated interest would satisfy the relief sought, and ordered the respondent to credit the amount within ten days. Consequently, the writ petition was disposed.
Issues considered
- Whether the petitioner is entitled to interest for delayed disbursal of land acquisition compensation
- Whether the respondent is bound to pay the calculated interest within a specified time
Subjects
- interest
- delayed payment
- land acquisition
- writ petition
- High Court
- disbursement
- direction
Judgment
12_WP8602_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8602 OF 2026
Kiran Shivaji Deshmukh … Petitioner
Vs.
Deputy Collector (Land Acquisition) Metro
Centre No.3 and others … Respondents
Ms. Deepa Punde a/w. Mr. Tejas Chitale i/b. Mr. Sachin Punde for Petitioner.
Mr. B. V. Samant, Additional GP a/w. Ms. M. S. Bane, AGP for Respondents-
State.
Mr. Sameer Patil for Respondent Nos.3 and 4-CIDCO.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : SEPTEMBER 30, 2026
P.C. :
. In the light of order dated 03.09.2026 passed in the present
petition, the learned AGP has tendered an additional affidavit on behalf
of respondent No.1, stating that now the amount payable towards
interest for delayed disbursal of amount has been calculated. The said
amount of Rs.3,95,697/- has been taken into account and the respondent
CIDCO has issued a cheque dated 29.09.2026 in favour of Deputy
Collector (LA) M.C.No.3, Panvel, copy of which is annexed to the
additional affidavit. The learned AGP submits that upon encashment of
the said amount, it shall be disbursed in favour of the petitioner at the
earliest.
2. The additional affidavit is taken on record. Respondent No.1 is
directed to ensure that the aforementioned amount towards interest for
delayed disbursal of the earlier amount, is disbursed in favour of the
petitioner within 10 days from today.
MINAL Digitally signed by
MINAL SANDIP
SANDIP PARAB
Date: 2026.09.30
PARAB 14:58:53 +0530
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12_WP8602_26.doc
3. This would satisfy the relief sought by the petitioner in this writ
petition, and therefore, the petition itself can be disposed of.
4. In view of the above, the respondent No.1 is directed to abide by
the direction given hereinabove by crediting the aforesaid amount of
Rs.3,95,697/- in the account of the petitioner within 10 days from today.
The writ petition is disposed of.
5. Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Minal Parab
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