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[Cites 3, Cited by 0]

State Consumer Disputes Redressal Commission

Ekta Trading Company, vs Smt.Guruvinderkaur W/O Jaswantsingh ... on 25 April, 2013

                                1                  F.A.No.: 83 to 92/2010,
                                                   66 to 69/2011 & 183/2010.


MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, CIRCUIT BENCH AT AURANGABAD.

                                       Date of filing :08.02.2010
                                       Date of order :25.04.2013

FIRST APPEAL NO. :83 TO 92 OF 2010, 66 TO 69 OF 2011 & 183 OF
2010.
IN COMPLAINT CASE NO.: 379 TO 384 OF 2008, 89 TO 92 OF 2009,
62 TO 65 OF 2010 & 163 OF 2009.
DISTRICT CONSUMER FORUM : NANDED.

1.   Ekta Trading Company,
     Through it`s Partners,
     Shaikh Hussain Shaikh Bavazir,
     R/o H.No.2-10-236, Syed Manzil,
     Opp.Police Ground Vazirabad,
     Nanded.

2.   Sow.Bhagyalaxmi W/o Dinkar Kotalwar,
     R/o C/o D.N.Kotalwar, Somesh Colony,
     Behind Kalamandir, Nanded.

3.   Subhash Hausajirao Mangnale,
     R/o Naik Nagar, Nanded.

4.   Ajay Ganpatrao Waghmare,
     R/o "Safalya", Opp.Nagar Palika
     Primary School, Ganesh Nagar,
     Nanded.                                 ...APPELLANTS

VERSUS

1)   IN F.A.NO. 83/2010 IN C.C. NO.89/2009

     1.   Smt.Guruvinderkaur W/o Jaswantsingh Bhatiya,
          R/o Gurudwara Road Gate No.1,
          Nanded.

     2.   Dr.Ganpatrao Waghmare,
          Ganesh nagar Nanded,
          The Chairman,
          Raghvendra Nagar Co-operative
          Housing Society Ltd., Sangvi,
          Tq. & Dist.Nanded.                 ...RESPONDENTS

2)   IN F.A.NO. 84/2010 IN C.C. NO.90/2009

     1.   Syed Yaseen Ali Hashmi S/o Syed Afzal
                                 2                    F.A.No.: 83 to 92/2010,
                                                     66 to 69/2011 & 183/2010.


          H.No.5-1-131 Killa Road Gawli Galli,
          Nanded.

     2.   Dr.Ganpatrao Waghmare,
          Ganesh nagar Nanded,
          The Chairman,
          Raghvendra Nagar Co-operative
          Housing Society Ltd., Sangvi,
          Tq. & Dist.Nanded.                     ...RESPONDENTS

3)   IN F.A.NO. 85/2010 IN C.C. NO.91/2009


     1.   Md.Wahidullakhan S/o Sallulakhan,
          R/o Inamdar Galli, Killa Road,
          Nanded.

     2.   Dr.Ganpatrao Waghmare,
          Ganesh nagar Nanded,
          The Chairman,
          Raghvendra Nagar Co-operative
          Housing Society Ltd., Sangvi,
          Tq. & Dist.Nanded.                     ...RESPONDENTS


4)   IN F.A.NO. 86/2010 IN C.C. NO.92/2009


     1.   Anis Ahmed Farooqui S/o Gulam Mustafa,
          Killa Road,
          Nanded.

     2.   Dr.Ganpatrao Waghmare,
          Ganesh nagar Nanded,
          The Chairman,
          Raghvendra Nagar Co-operative
          Housing Society Ltd., Sangvi,
          Tq. & Dist.Nanded.                     ...RESPONDENTS


5)   IN F.A.NO. 87/2010 IN C.C. NO.379/2008


     1.   Vedkandyal Punnem Annam ( died) Lrs.,
          Suhas S/o Shrikrishanarao Patil,
          Shriram Complex Gurudwara,
          Nanded.

     2.   Dr.Ganpatrao Waghmare,
                                 3                  F.A.No.: 83 to 92/2010,
                                                   66 to 69/2011 & 183/2010.


          Ganesh nagar Nanded,
          The Chairman,
          Raghvendra Nagar Co-operative
          Housing Society Ltd., Sangvi,
          Tq. & Dist.Nanded.                  ...RESPONDENTS


6)   IN F.A.NO. 88/2010 IN C.C. NO.380/2008


     1.   Sakharam Dattatraya Deshmukh,
          Plot No.66, "Sarvesh" Trimurti Nagar",
          Near Parvati Mangal Karyalaya,
          Parbhani.

     2.   Dr.Ganpatrao Waghmare,
          Ganesh nagar Nanded,
          The Chairman,
          Raghvendra Nagar Co-operative
          Housing Society Ltd., Sangvi,
          Tq. & Dist.Nanded.                  ...RESPONDENTS


7)   IN F.A.NO. 89/2010 IN C.C. NO.381/2008


     1.   Smt.Sairabegum W/o Abdul Latif,
          Through Abdul Latif S/o Fakir Ahmed,
          R/o Rahemat Nagar, Degloor Naka,
          Nanded.

     2.   Dr.Ganpatrao Waghmare,
          Ganesh nagar Nanded,
          The Chairman,
          Raghvendra Nagar Co-operative
          Housing Society Ltd., Sangvi,
          Tq. & Dist.Nanded.                  ...RESPONDENTS


8)   IN F.A.NO.90/2010 IN C.C. NO.382/2008


     1.   Smt.Nirmala Samson Sailus,
          R/o Bharat Nagar Pawdewadi Naka,
          Nanded.

     2.   Dr.Ganpatrao Waghmare,
          Ganesh nagar Nanded,
          The Chairman,
                                  4                   F.A.No.: 83 to 92/2010,
                                                     66 to 69/2011 & 183/2010.


           Raghvendra Nagar Co-operative
           Housing Society Ltd., Sangvi,
           Tq. & Dist.Nanded.                   ...RESPONDENTS


9)    IN F.A.NO. 91/2010 IN C.C. NO.383/2008


      1.   Smt.Meera W/o Baban Vairal,
           R/o Govt.Hospital Residential Quarters,
           Nanded.

      2.   Dr.Ganpatrao Waghmare,
           Ganesh nagar Nanded,
           The Chairman,
           Raghvendra Nagar Co-operative
           Housing Society Ltd., Sangvi,
           Tq. & Dist.Nanded.                   ...RESPONDENTS


10)   IN F.A.NO. 92/2010 IN C.C. NO.384/2008


      1.   Gulabrao Pandurangrao Bodade,
           R/o House of Kamble, Patbandhare Nagar,
           Behind Hanuman Temple Taroda (Bk.)
           Nanded.

      2.   Dr.Ganpatrao Waghmare,
           Ganesh nagar Nanded,
           The Chairman,
           Raghvendra Nagar Co-operative
           Housing Society Ltd., Sangvi,
           Tq. & Dist.Nanded.                   ...RESPONDENTS


                                         Date of filing :07.02.2011
                                         Date of order :25.04.2013

11)   IN F.A.NO. 66/2011 IN C.C. NO.62/2010


      1.   Pravin Jayantrao Bhojankar,
           R/o Mahaveer Nagar,
           Nanded.

      2.   Raghvendra Nagar Co-operative Hsg.
           Society Ltd. Sangvi(Mhalja),
           Through the Chairman,
                                   5                   F.A.No.: 83 to 92/2010,
                                                      66 to 69/2011 & 183/2010.


           Dr.Ganpatrao Waghmare,
           Ganesh nagar Nanded,

      3.   Special Land Acquisition Officer,
           P.T.Lasika - 1 Collector Office,
           Nanded.

      4.   Airport Authority of India,
           Through its officer, Airport Sangvi,
           Nanded.                                ...RESPONDENTS


12)   IN F.A.NO. 67/2011 IN C.C. NO.63/2010


      1.   Sow.Mandakini Balaji Kotalwar,
           R/o Chintawar Nagar,
           New Mondha,
           Parbhani.

      2.   Raghvendra Nagar Co-operative Hsg.
           Society Ltd. Sangvi(Mhalja),
           Through the Chairman,
           Dr.Ganpatrao Waghmare,
           Ganesh nagar Nanded,

      3.   Special Land Acquisition Officer,
           P.T.Lasika - 1 Collector Office,
           Nanded.

      4.   Airport Authority of India,
           Through its officer, Airport Sangvi,
           Nanded.                                ...RESPONDENTS


13)   IN F.A.NO. 68/2011 IN C.C. NO.64/2010

      1.   Late Sushilabai Sakharam through L.R. Chanda
           D/o Sakharam,
           Nanded.

      2.   Raghvendra Nagar Co-operative Hsg.
           Society Ltd. Sangvi(Mhalja),
           Through the Chairman,
           Dr.Ganpatrao Waghmare,
           Ganesh nagar Nanded,

      3.   Special Land Acquisition Officer,
           P.T.Lasika - 1 Collector Office,
                                   6                   F.A.No.: 83 to 92/2010,
                                                      66 to 69/2011 & 183/2010.


           Nanded.

      4.   Airport Authority of India,
           Through its officer, Airport Sangvi,
           Nanded.                                ...RESPONDENTS


14)   IN F.A.NO. 69/2011 IN C.C. NO.65/2010


      1.   Sk.Jafaralikhan S/o Gulam Kadar,
           R/o 245 Mumtaj Nagar,
           Nanded.

      2.   Raghvendra Nagar Co-operative Hsg.
           Society Ltd. Sangvi(Mhalja),
           Through the Chairman,
           Dr.Ganpatrao Waghmare,
           Ganesh nagar Nanded,

      3.   Special Land Acquisition Officer,
           P.T.Lasika - 1 Collector Office,
           Nanded.

      4.   Airport Authority of India,
           Through its officer, Airport Sangvi,
           Nanded.                                ...RESPONDENTS


15)   IN F.A.NO. 183/2010 IN C.C. NO.163/2009


      1.   Smt.Nagabai Tukaram Bansode,
           C/o Gurugovindsinghji Hospital,
           Nanded.

      2.   Dr.Ganpatrao Waghmare,
           Ganesh nagar Nanded,
           The Chairman,
           Raghvendra Nagar Co-operative
           Housing Society Ltd., Sangvi,
           Tq. & Dist.Nanded.                     ...RESPONDENTS


           CORAM :     Mr.B.A.Shaikh, Hon`ble Presiding Judicial
                       Member.

Mr.K.B.Gawali, Hon`ble Member.

Smt.Uma S.Bora, Hon`ble Member.

7 F.A.No.: 83 to 92/2010,

66 to 69/2011 & 183/2010.

Present : Adv.Shri.Pradip Adkine for appellants, Adv.Shri.A.N.Chavan for all org.complainants except in appeal No.66/2011, Adv.Shri.A.B.Shinde for org.complainant in appeal No.66/2011, Adv.Shri.Amol Gandhi for Chairman of Hsg.Society in all appeals.

O R A L O R D E R Per Mr.K.B.Gawali , Hon`ble Member.

1. Out of these 15 appeals, 10 appeals bearing Nos.83/2010 to 92/2010 have been originated from the common judgment and order dated 13.1.2010 in C.C.Nos. 379/2008 to 384/2008 and 89/2009 to 92/2009 respectively and 4 appeals bearing Nos.66/2011 to 69/2011 have been originated from the common judgment and order dated 23.12.2010 in C.C.Nos. 62/2010 to 65/2010 respectively, whereas appeal No.183/2010 is originated from the judgment and order dated 15.2.2010 in C.C.No.163/2009 which are passed by District Forum Nanded. By way of these appeals the then Chairman, Raghvendra Co. operative Housing Society ( hereinafter termed as said housing society) and the partners of the Ekta Trading Company (herein after termed as "said trading company") have been held liable for unfair trade practice. Respondent No.1 in each of the appeals is original complainant (hereinafter termed as "complainants") and other respondents are original opponent.

2. Since the issue involved in all these 15 appeals is same, we have decided to dispose of them by way of common judgment and order. Accordingly all these appeals were heard together on 2.4.2013 and reserved for judgment and order.

3. The brief facts of the complaints of complainants are, as they appear to be from available record and oral submission put forth by learned counsels, that out of 15 complainants the only complainant namely Shri.Guruvinder Jaswantsing Bhatia who filed C.C.No.89/2009 in appeal 8 F.A.No.: 83 to 92/2010, 66 to 69/2011 & 183/2010.

No.83/2010, had purchased the plot from the said trading company whereas rest of the 14 complainants had purchased their plots from the said housing society. All the plots purchased by these complainants were from survey No.26/1 of village Mhalja and were of uniform in size i.e. 1200 sq.ft.

4. It is the case of the complainants that the part of land as shown in the ownership of the said housing society and of the said trading company in 7/12 record from survey No.26/01 including plots purchased by these complainants, came to be acquired for the extension of Air strip at Nanded. Ownership of these plots as purchased by these complainants being not shown on their names in 7/12 record, the appellants who were the partners of the said trading company received the amount of compensation of Rs.9,21,990/- in the year 1999 by giving consent letter on stamp paper before Land Acquisition Officer by which they had undertaken to pay compensation of the plot to the respective plot holders as per list which was submitted along with undertaking. However, said compensation was not paid to the complainants till the date of filing of complaints. It was contended that partners of the said trading company and directors of the society are kith and kins and therefore in collusion they had obtained the entire amount of compensation. That, the appellants however not denied the entitlement of the complainants towards said compensation and hence there was continuous cause of action. It was contended that partners of the said trading company and office bearers of the said housing society defrauded the Government and complainant plot-holders by depositing amount of compensation in the personal joint account of two partners of the said trading company i.e. Smt.Bhagyalaxmi Kotalwar and Shri.Shaikh Husain Shaikh Ahmed in ING Vaishya Bank, Nanded.

5. That, since they have not paid the said amount of compensation, legal notices were served on them claiming compensation. But they did not respond to legal notice. Therefore all these complainants filed separate complaint before District Forum seeking direction to opponent to provide to 9 F.A.No.: 83 to 92/2010, 66 to 69/2011 & 183/2010.

each of the complainants an alternate plot or cost of the respective plot at the present market rate along with compensation towards the mental agony and cost of the complaint. It was also sought direction to the Land Acquisition Officer to lodge criminal case against the appellant and office bearer of the said housing society.

6. The partners of the said trading co., the then Chairman of the society and Land Acquisition Officer had appeared before the Forum and contested the case of the respective complainants. Common defence of the appellants and Chairman of the said housing society namely Dr.Ganpatrao Shamrao Waghmare was that the present dispute being between cooperative society and its members the District Forum had no jurisdiction to entertain the complaints in view of the provision of the Co-operative Societies Act 1960. The said complaints were also opposed on the ground that these complaints were not filed within limitation as the possessions of the plots were given to the respective complainants in between period 1985 to 1999. However, complaints were filed before the Forum after about 12 to 22 years. That, moreover in the delay condonation application no specific delay was shown and hence these complaints were barred by limitation. It was thus requested to dismiss the complaints at admission stage only.

7. It was further contended that the land under the plot of the complainants who were members of the said housing society had not been acquired, therefore they were not entitled to receive any compensation. It was also submitted that the land of the said trading company was acquired and complainants who were members of the said trading company were only assured by way of consent letter filed before Land Acquisition Office to pay them amount of compensation in respect of their plots acquired. It was also contended by the appellants that the two partners namely Smt.Bhagyalaxmi Kotalwar and Mr.Shaikh Husain Shaikh Ahmed had been authorised by way of resolution No.3 dated 19.12.2000 to make payment to its members, therefore other partners of the said trading company were not liable for the 10 F.A.No.: 83 to 92/2010, 66 to 69/2011 & 183/2010.

claim of the complainants. It was thus contended that complaints being not maintainable and also having no merit be dismissed.

8. The Forum below by way of its common judgment and orders except in C.C.No.163/2009 wherein separate judgment and order is passed, has allowed the respective complaints and directed the appellant as well as Chairman of the said housing society namely Dr.Ganpatrao Shamrao Waghmare to pay jointly and severally to the complainants, amount of compensation of their respective plots with all benefits along with interest @ 18% p.a. from the date 5.7.1999 on which appellants had received amount of said compensation. It was further directed to pay to each of the complainants compensatory amount of Rs.5000/- towards mental agony. It was also directed to the Land Acquisition Officer to lodge police complaint against the guilty person. The original opposite party namely Branch Manager of ING Vaishya Bank, Land Acquisition Officer, Airport authority were discharged from the liability.

9. Being aggrieved by the impugned judgments and orders present 15 appeals have been filed by the partners of the said Ekta Trading Company. As mentioned in the second para, these appeals were finally heard on 2.4.2013. Adv.Pradip Adkine holding for Adv.U.B.Bilolikar was present for appellants in all these 15 appeals. Adv.A.N.Chavan was present for respondents/original complainants in all the appeals except appeal No.66/2011 in which Adv.A.B.Shinde holding for Adv.A.M.Gaikwad was present for complainant. Adv.Shri.Amol Gandhi was present for the Chairman of the housing society in all 15 appeals. We heard all the respective counsels at length and appeals were reserved for judgment and order.

10. Learned counsel Shri.Pradip Adkine for the appellants submitted that appellants in their capacity as a partners of Ekta Trading Company had purchased 5 acres of land out of survey No.26/1 Mhalja vide registered sale deed dated 20.7.1983. That, the lay out of the said land was prepared and 11 F.A.No.: 83 to 92/2010, 66 to 69/2011 & 183/2010.

plots were sold to the various persons including some of the complainants. That, after sale of plots the land admeasuring 1.10 hector was acquired for extension of air strip. That, since names of individual plot holders were not recorded in the record of rights the compensation amount was paid to the said trading company and the company in turn paid the amount to the respective plot holders. But complainant in complaint No.83/2009 had refused to accept the amount stating that she would receive the same after enhanced compensation was sanctioned by the competent court. However matter of enhanced compensation was yet to be finalized. Appellant was ready to pay compensation. It was therefore contended by learned counsel that there was no cause of action to file the complaint . It was also contended that complaints were not filed within limitation. It was further averred that Ekta Trading Company and Raghvendra Nagar Housing Society were two different entities. Therefore complainants to whom appellants had sold out the plots were only entitled to receive the compensation and not the complainants who were members of the said housing society. He therefore contended that Forum below has failed to appreciate this fact of the case. He also contended that Forum below had acted beyond its jurisdiction by directing Land Acquisition Officer to lodge criminal case against the appellant. He therefore requested to set aside the impugned judgment and order. In support of his argument learned counsel Shri.Adkine relied on the following two citations.

i) General Manager, Telecom -Vs- M.Krishnan & another reported in 2009 STPL(Web) 5SC.
ii) State Bank of India -Vs- B.S.Agriculture Industries (I), reported in II(2009) CPJ 29(SC).

10. Learned counsel Shri.Amol Gandhi supported the argument of learned counsel for appellants. He specifically submitted that land owned by the said housing society had not been acquired. Therefore the complainants in the respective complaints had no right to claim any compensation. He therefore contended that District Forum below without 12 F.A.No.: 83 to 92/2010, 66 to 69/2011 & 183/2010.

considering defence of the said housing society has wrongly directed to pay the compensation and therefore requested to set aside the said judgment and order.

11. On the other hand, learned counsel Shri.A.N.Chavan contended that in view of decision dated 10.1.2011 of this Commission in appeal No.720/2008 these appeals have become infructuous. He further contended that both the said trading company and said housing society are the same as partners of the trading company and office bearers of the said housing society are kins. He further averred that by resolution dated 19.12.2000 both the said trading company and housing society have agreed to make payment to the plot holders. But they have not paid. He also alleged that the complainants and also Government have been defrauded by the appellants and Chairman of the said housing society by obtaining compensation of the plots by giving consent letter dated 9.2.1999 to the Land Acquisition Officer. It was also contended that the amount of compensation has obtained by the appellants has been kept in the personal account of the two partners namely Shri.Bhagya Laxmi Kotalwar and Shaikh Husain Shaikh Ahmed in ING Vaishya Bank. Learned counsel specifically opposed the contention of the appellant that they are liable to pay compensation only to their plot holders and not to the members of the said housing society. As regards point of limitation he submitted that appellant and chairman of the said housing society by their joint resolution dated 19.12.2000 have resolved to pay compensation of the plot to the concern plot holders. He further stated that complainants had continuously followed up their claim of the compensation with the appellants. That, the appellants had also not denied the claim. But compensation was not paid to the complainants. He therefore contended that there was continuous cause of action and complaints were well within limitation. He thus contended that Forum below has rightly appreciated the facts of the case and has rightly passed the impugned judgment and order which be confirmed.

13 F.A.No.: 83 to 92/2010,

66 to 69/2011 & 183/2010.

12. Learned Adv.Shri.A.B.Shinde appearing for respondent in appeal No.66/2011 expressed his support to the argument as put forth by learned counsel Shri.Chavan appearing for the remaining 14 complainants.

13. We have carefully gone through the record placed before us as well as thoughtfully considered the oral submissions as advanced by learned counsels for both sides. There are three major questions which came up for our consideration and decision.

      i)     Whether complaints are maintainable?
      ii)    Whether allegations of deficiency in service and unfair trade
             practice on the part of appellant is proved?

iii) Whether judgment and orders passed by District Forum need our intervention?

14. As far as first question is concerned appellants have challenged impugned judgment and order merely on the point of jurisdiction and limitation. Although present dispute is between cooperative society and its members as per Section 3 of Consumer Protection Act it is an additional remedy and hence no bar of jurisdiction to entertain these complaints which has rightly been held by Forum below. The ratio given in the citations at serial No.1 is not applicable to the present case as there is no special remedy under Co-operative Societies Act equivalent to the Section 7B of the Indian Telegraph Act 1885. Secondly as regards the point of limitation, as observed by Forum below appellants by their consent letter dated 9.2.1999 has agreed to pay compensation of the land under the plot of 40 plot holders which consists of 7 complainants. Secondly by resolution No.3 dated 19.12.2000 both the trading company and said housing society have agreed to pay compensation to the plot holders. That, since then the complainants have been following up the payment of their compensation.

14 F.A.No.: 83 to 92/2010,

66 to 69/2011 & 183/2010.

Hence, appellants once agreed to pay the compensation they cannot now step back or come up with the plea that the complaints are barred by limitation. The case law as relied on by learned counsel for the appellants at Serial No.2 is not applicable to the present case as the facts and circumstances of the same differ from which exists in the case under citation. We thus hold that the District Forum has rightly concluded that the complaints have not been barred by limitation as there is continuous cause of action.

15. Now, as regards the deficiency in service or unfair trade practice by the appellants, it is revealed that appellants have obtained amount of compensation on the basis of their "consent letter" dated 9.2.1999 given before Land Acquisition Officer undertaking to pay amount of compensation further to the 40 plot holders which consists of present 7 complainants. It is also to be noted that by resolution No.3 dated 19.12.2000 both the trading company and housing society have agreed to pay their compensation to all the plot holders. They have however not paid the said amount to the complainants till the date of filing of the complaints before the Forum. Secondly it is also to be noted that the said amount of compensation was kept in personal account of the said two partners in the ING Vaishya Bank from which it can be construed that the said amount of compensation was being utilised by the appellants for their own purpose depriving the complainants from use of their legitimate amount of compensation. This act of complainants can be said as "unfair trade practice". Thus we hold that appellants by not paying amount of compensation to the complainants have indulged in unfair trade practice.

16. The contention of appellants that they are not responsible to pay compensation to the complainants who are members of the said housing society, is not acceptable for the reasons that the undertaking dated 9.2.1999 given by the appellant before Land Acquisition Officer consists names of 7 complainants who have purchased the plots from the said 15 F.A.No.: 83 to 92/2010, 66 to 69/2011 & 183/2010.

housing society. Secondly resolution No.3 dated 19.12.2000 is passed jointly by the appellants who are the partners of Ekta Trading Company and Chairman of the said housing society, by which they have shouldered the responsibility of the payment of compensation to all the plot holders to the two partners namely Smt.Bhagya Laxmi Kotalwar and Mr.Shaikh Hussain Shaikh Ahmed.

17. On this resolution it reveals that both the said trading company and said housing society were doing business of plotting jointly. The plot sizes purchased by the complainant namely Smt.Guruvinder Bhatia from said trading company and remaining 14 complainants who have purchased plot from the said housing society are the same i.e. 1200 sq.ft. From which it can be inferred that there is common lay out prepared by said trading company and housing society.

18. In view of above said facts and observations we are of the considered view that the appellant and Chairman of the said housing society are jointly liable to pay the compensation to the complainants as received by them from the Land Acquisition Officer as rightly held by District Forum.

19. Now as regards 3rd question we find that order passed by District Forum requires to be modified on two grounds. First is District Forum has exceeded its jurisdiction to the extent of giving direction to the Land Acquisition Officer who is one of the respondents herein to file police complaint against guilty person. Secondly interest awarded at rate of Rs.18% on the ground of compensation appears to be quite high and unreasonable. In our view the operative orders dt.13.1.2010, 23.12.2010 & 15.2.2010 as passed by Forum below requires to be modified to the extent of these directions by upholding rest of the operative orders. Hence we proceed to pass the following order.

16 F.A.No.: 83 to 92/2010,

66 to 69/2011 & 183/2010.

O R D E R

1. All 15 appeals are partly allowed.

2. In Clause No.2 of the operative orders the rate of interest as directed by the Forum below @ 18% p.a. is modified to 12% p.a.

3. Clause No.4 of these operative order giving direction to the Land Acquisition Officer to lodge complaint against guilty person is hereby set aside.

4. Rest of the operative orders are confirmed.

5. No order as to cost.

6. Copies of the judgment be issued to both the parties.

K.B.Gawali,                  Uma S.Bora,            B.A.Shaikh
 Member                       Member         Presiding Judicial Member


Mane