1 W.P. No. 5035/1998 - ( J ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5035 OF 1998 Kishanrao Ramrao Saraf Age : 50 Yrs., Occ. Agriculture, R/o : Turkabad, Tq. Gangapur, Dist. Aurangabad. .... PETITIONER VERSUS 1. The State of Maharashtra Through the Collector Aurangabad. 2. The Tahsildar Gangapur, Dist. Aurangabad .... RESPONDENTS -------------------------------------------------------------------------------------------------------- Mr. Ajay S. Deshpande, Advocate for petitioner. Mr.K.B.Choudhari , Additional Govt. Pleader for State. -------------------------------------------------------------------------------------------------------- CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 03/08/2010 ORAL JUDGMENT : [ PER - S.V. GANGAPURWALA, J. ] 1. The petitioner’s land to the extent of 50 Acres 14 Gunthas from G.No. 2 of village Jikthan, Tq. Gangapur, Dist. Aurangabad was declared 2 W.P. No. 5035/1998 - ( J ) surplus in view of the provisions of the Maharashtra Agricultural Lands ( Ceiling on holdings ) Act, 1981 [ For short, ‘ Ceiling Act ’ ]. 2. The Govt. had issued Bonds towards the amount of compensation payable under the Ceiling Act. The payment pertaining to the said Bond was to be made after the period of 20 years and the interest @ 3 % per annum was to be paid yearly i.e. since 1979. It is the case of the petitioner that he did not receive the compensation of Bonds and eventually on 6/1/1998 he received the compensation Bonds and thereafter is paid amount of Rs. 11,286/-. The petitioner claims that as he has been deprived of the amount of interest right from 1976-77, is entitled to interest @ 18 % per annum for the delayed payment by way of damages. 3. The State has not filed any affidavit denying the contentions of the petitioner that he was paid amount in the year 1998 and not earlier. . The said averments have gone unchallenged. On the basis principle of ‘ non traverse ’ , the said averments have to be accepted. The land of the petitioner was declared as surplus pursuant to the operation of Ceiling Act. The petitioner can not be awarded interest @ 18 % per annum for the late payment on the count that it is not the case of commercial transaction but the land being declared surplus pursuant to the statutory provisions. None the less, the right of the petitioner to receive the amount from 1976-77 has 3 W.P. No. 5035/1998 - ( J ) been violated. On account of recognition of violation of legal right, we deem it appropriate to grant interest @ 6 % per annum for the period of delayed payment. 4. In the light of above, we partly allow the petition and award the petitioner interest @ 6 % per annum on account of delayed payment. The interest @ 6 % per annum on the amount of delayed payment i.e. the period when the amount was payable and the amount actually paid shall be computed and paid by the respondents to the petitioner within the period of 3 months from today. 5. The respondent – State to pay costs of Rs. 3,000/- ( Rupees Three Thousand only ) to the petitioner. Costs be paid along with aforesaid amount. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/ WP 5035.98