Celia Pereira vs Special Land Acquisition Officer And Others

Heard Mr. Godinho for the petitioner, Mr. Chodankar, Standing Counsel for Respondent No.2 and Mr. Deep Shirodkar, Additional Government Advocate for respondents no.1 and 3.

In this matter, the petitioner had sought for an appropriate writ to quash the acquisition proceedings or in the alternate and without prejudice for a direction to the respondents to pay the awarded compensation to the petitioner together with interest @ 12% p.a.

Mr. Godinho, on instructions, had pressed for the alternate relief and the learned counsel for the respondents had stated before us that the issue of compensation will be processed and the compensation will indeed be paid to the petitioner.

Mr. Chodankar, on instructions, states that the compensation has now been paid to the petitioner. Mr. Godinho, learned counsel for the petitioner, on instructions, confirms that the compensation has been received by the petitioner under protest. Learned counsel therefore state that this petition can now be disposed of but Mr. Godinho requests that the issue of interest may be left open because the petitioner has already taken steps to seek enhancement of compensation.

Accordingly, this petition is disposed of as proposed but the issue of payment of interest is kept open for determination by the appropriate forum. All contentions of all parties on this issue are expressly kept open.

This petition is disposed of in the aforesaid terms. There shall be no order as to costs.