904-wp-12718-2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 12718 OF 2024 Dnyandev Bhikaji Gayke VERSUS The State Of Maharashtra Through Principal Secretary And Others *** • Mr. V. M. Humbe, Advocate for the Petitioner • Mr. B. A. Shinde, AGP for the Respondents/State *** CORAM : R. M. JOSHI, J DATE : APRIL 09, 2025 PER COURT : 1. Learned AGP waives service of notice for Respondents/State. By consent of both sides, Petition is taken up for hearing at admission stage. 2. This Petition takes exception to the dismissal of LAR No. 1244/2010 by impugned judgment and award dated 21.07.2014. There is no dispute about the fact that the land belonging to the Petitioner is compulsorily acquired. Reference was made. However, the Petitioner failed to led evidence and this has resulted into rejection of the reference. 3. Learned counsel for the Petitioner, on instructions, makes a statement that he will not claim Umesh PAGE 1 OF 3 2025:BHC-AUG:10812 904-wp-12718-2024.odt any interest on the enhanced compensation from the date of framing of issues till the dismissal of reference. 4. The position of law is fairly settled to say that reference cannot be dismissed in default so also it is not open for the Reference Court to dismiss reference on the basis of evidence collected by SLAO. Since this is a case of compulsory acquisition, Petitioner is entitled to receive reasonable compensation. Interest of justice requires that Land Acquisition Reference is restored. Voluntary statement made by Petitioner about waiving interest for the aforementioned period takes care of the apprehension of the Respondents. 5. In view of this fact and also in view of the statement made by the learned counsel for the petitioner that he will not claim any interest on the enhanced amount of compensation from the date of framing of issues in the reference till filing of proceedings for restoration of the same, Petition deserves to be allowed conditionally. The Petitioner, therefore, would not be entitled to receive interest on the enhanced amount of compensation for the aforestated Umesh PAGE 2 OF 3 904-wp-12718-2024.odt period. 6. Parties are directed to appear before the Reference Court on 21.04.2025. Reference Court to decide application in accordance with law within a period of six months from today. 7. Petition stands disposed of in above terms. (R. M. JOSHI, J.) Umesh PAGE 3 OF 3