(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 4545 OF 2008 Mrs. Mathurabai Pandharinath Shinde, Age : 65 years, Occupation : Household & Agriculture, R/o. Shivajinagar, At Kopargaon, Dist. Ahmednagar. .. Petitioner. versus 1. Kopargaon Municipal Council, At Kopargaon, Through its Chief Officer. 2. The Dy. Director of Town Planning, Nagar Rachana and Mulyanirdharan Division, Nashik Road, Nashik. 3. The State of Maharashtra, Through Department of Municipal Council Administration, Mantralaya, Mumbai-1. .. Respondents. .......................... Mr. S.S. Kulkarni, Advocate, for the petitioner. Mr. V.J. Dixit, Senior Advocate, with Mr. N.R. Bhavar, Advocate, for respondent no.1. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.2 and 3. .......................... (2) CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 1ST SEPTEMBER 2009. COURT'S ORDER : 1. The petitioner has filed the present petition for a direction to the respondents to pay the agreed amount of Rs. 16,50,000/- along with interest at the rate of 18% from 21st November 2005. 2. Undisputedly, the land of the petitioner has been acquired for vegetable market by private negotiation. 3. When the matter had come up for hearing on 13th February 2009, an affidavit came to be filed by respondent no.1, stating that an amount of Rs. 7,00,000/- would be paid to the petitioner by the Municipal Council, within a period of two weeks therefrom. Accordingly an amount of Rs. 7,00,000/- has been paid by the Municipal Council to the petitioner. 4. In so far as balance amount is concerned, the Chief Officer of the Municipal Council, who is personally present in the court, makes a statement that the balance amount would be paid latest by six months. 5. In that view of the matter, the petition has served its purpose, in so far as principal amount is concerned. In so far as grant of interest is concerned, the petitioner will be at liberty to make representation to the (3) respondent no.1. The respondent no.1 is directed to consider the application of the petitioner for grant of interest, taking into consideration the fact that the possession of the land of the petitioner is taken way back in 2005 and that the first instalment was paid to him in the month of February 2009, that too, after the orders passed by this court and for the second instalment, the petitioner has to wait for a period of more than five years. 6. With these directions, the petition is disposed of. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp4545