1 901CAF685.2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR . CIVIL APPLICATION (CAF) NO. 685 OF 2025 IN FIRST APPEAL NO. 866 OF 2013 (D) VIDC VS Nani Balwantrao Kadu and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Hodichor, counsel h/f Mr. P.B. Patil, counsel for applicant/VIDC Mr. A.M. Quazi, counsel for respondent Nos. 2 to 8. Ms H.S. Dhande, AGP for respondent/State. CORAM : Y. G. KHOBRAGADE, J. DATED : 04 -0 9 -2026 1. By the present application, the applicants/ respondent Nos. 2 to 8 have prayed for issuance of a direction to the Registrar of this Court to pay an amount of Rs.1,79,555/-, along with interest on the balance principal amount of Rs.75,093/- at the rate of 15% per annum with effect from 20/01/2025 till actual payment, in Bank Account No.62/6798, IFSC Code YESBOADB091, maintained with the Amravati District Madhyavarti Cooperative Bank Ltd., Branch Mangul Dattagir, Tahsil Dhamangaon Railway, District Amravati. 2. On 03/07/2026, this Court passed an order directing the Registrar (Judicial) of this Court to calculate the amount of interest payable to the claimants in terms of Section 28 of the Land Acquisition Act, 1894. In pursuance of the said order, the Registry of this Court calculated the compensation amount as under :- 2 901CAF685.2025.odt Sr. No. Particulars Calculations as per amount awarded by Hon’ble Court’s Judgment dated 22/01/2024. 01 Compensation awarded by Hon’ble High Court vide Judgment dated 22/01/2024 @ Rs. 60,000/- for 1.20 HR Rs. 72,000/- 02 Additional Component @ 12% p.a. from 20/04/1995 to 13/07/1998 i.e. for 1180 days. Rs. 27,932/- 03 Solatium @ 30% on compensation amount of Rs. 72,000/- Rs. 21,600/- 04 Total Compensation (1+2+3) Rs. 1,21,532/- 05 Less: Amount paid as per award of LAO Rs. 41,580/- 06 Balance Compensation payable (4-5) Rs. 79,952/- 07 Interest @ 9% from 03/07/1998 to 02/07/1999 as per the award of learned Tribunal i.e. for 1 Year. Rs. 7,196/- 08 Interest @ 15% from 03/07/1999 to till the date of deposit (i.e. 07/01/2014) for 5303 days (as per Judgment dated 02/06/2011 in LAC No. 78/2000 and LAC No. 84/2000, paragraph 22 Point (iv). Rs. 1,74,241/- 09 Total Compensation Payable till 07/01/2014 (6+7+8) Rs. 2,61,389/- 10 Amount deposited before the Hon’ble Court on 07/01/2014 Rs. 4,13,131/- 11 Amount withdrawn by the claimant on 09/10/2015 (10-11) Rs. 2,06,556/- 12 Balance amount lying in the Court and kept in FDR (10-11) Rs. 1,51,742/- 3. The learned Counsel appearing for the applicants/claimants disputed the calculations given by the Registry of this Court. According to her, the claimants are entitled to the amount of compensation with interest as under : 3 901CAF685.2025.odt Sr. No. Particulars Amount 01. As per judgment of this Hon’ble Court enhanced compensation at rate of Rs. 60,000/- per hectare for 1.20 HR acquired land. Rs. 72,000/- 02. As per Section 23(1-A), 12% additional interest on enhanced compensation from the date of notification u/s 4 (i.e. 20/04/1995) till passing of award (i.e. 13/07/1998). (Period 20/04/1995 to 13/07/1998 = 3 years, 2 months and 23 days comes to Rs. 27,884.693/- which is rounded as Rs. 27,885/-) Rs. 27,885/- 03 As per Section 23(2), 30% solatium on enhanced compensation. Rs. 21,600/- 04 Total Rs. 1,21,485/- 05 SLP paid Rs. 41,580/- 06 Total Principal Amount payable Rs. 79,905/- 07 As per Section 28, 9% interest is payable on aforesaid amount for one year (Period 14/07/1998 to 13/07/1999) comes to Rs. 7,191/-, which is rounded as Rs. 7,191/-. The appellant had not paid decretal amount in terms of Order 21 Rule 1 towards satisfaction of decree but had deposited towards stay of the decree and, hence, liability to pay interest would not stop on date of deposit of amount in this Hon’ble Court. Rs. 7,196/- 08 As per proviso of Section 28, 15% interest is payable with effect from 14/07/1999 on the amount of such excess or part thereof which has not been paid into Court before the date of such expiry (i.e. before expiry of said one year) Period with effect from 14/07/1999 till date of withdrawal part amount of Rs. 2,06,566/- i.e. 09/10/2015 (16 years, 2 months and 25 days) Rs. 1,94,563/- 09 Total as on 09/10/2015 (i.e. Serial No. 6+7+8) Rs. 2,81,659/- 10 Minus amount paid to claimants on 09/10/2015 Rs. 2,06,566/- 11 Balance total payable (i.e. Serial No.9-10) Rs. 75,093/- 12 Interest on balance payable with effect from Rs. 1,04,462/- 4 901CAF685.2025.odt 10/10/2015 till 20/01/2025 at the rate of 15% per annum i.e. 9 years, 3 month and 10 days. 13 Total balance payable till 20/01/2025 (i.e. Serial No.11+12) and further interest at rate of 15% per annum till actual date of payment. Rs. 1,79,555/- 4. Therefore, it prima-facie appears about dispute regarding the calculation of the compensation, and the amount paid to the non-applicants/claimants is still in dispute with regard to the interest component. Therefore, this disputed question about interest component cannot be ascertained by this Court. The non-applicants/claimants are, therefore, permitted to file execution proceedings under Order XXI of the Code of Civil Procedure. The amount of compensation deposited with this Court shall transferred to learned Civil Judge Senior Division, Amravati. The learned Executing Court shall release the amount in favour of non-applicant/claimants as well as appellant/acquiring body of claimants of the execution proceedings as per their instalment. 5. In view of the above, the Civil Application is hereby disposed of. (Y.G. KHOBRAGADE, J.) rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 07/09/2026 18:20:11