KAZI MOINUDDIN KAZI BASHIRODDIN & ORS. versus THE MAHARASHTRA TOURISM DEVELOPMENT CORPORATION, THROUGH ITS SENIOR REGIONAL MANAGER REGIONAL OFFICE, MTDC, AURANGABAD, MAHARASHTRA & ANR.

KAZI MOINUDDIN KAZI BASHIRODDIN & ORS. versus THE MAHARASHTRA TOURISM DEVELOPMENT CORPORATION, THROUGH ITS SENIOR REGIONAL MANAGER REGIONAL OFFICE, MTDC, AURANGABAD, MAHARASHTRA & ANR.

The Supreme Court held that its order dated 29.01.2018 must be interpreted on its substance in line with the precedent in Wajidmiya Abdul Raheman Shaikh such that 50% of the enhanced compensation is released without security and the balance 50% with security; consequently the High Court order permitting MTDC to withdraw the amount deposited on 20.03.2018 was erroneous and is set aside, and MTDC's application to withdraw the deposited amount is rejected.

Parties
Appellant(s): Kazi Moinuddin Kazi Bashiroddin & Ors.; Respondent(s): The Maharashtra Tourism Development Corporation, through its Senior Regional Manager Regional Office, MTDC, Aurangabad, Maharashtra & Anr.
Jurisdiction
India
Judgment Date
30 September 2022
Procedural Posture
Civil Appeal / Appeal Against High Court Order Dated 03.12.2018 in Civil Application No.7037 of 2018 in First Appeal No.1673 of 2017
Outcome
Appeal allowed
Legal Topics
Payment of Compensation, Deposit and Withdrawal of Court Deposits, Interpretation of Court Orders, Application of Precedent
Land Acquisition Compensation Civil Procedure Judicial Interpretation Payment of Compensation Deposit and Withdrawal of Court Deposits Interpretation of Court Orders Application of Precedent

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Parties

Kazi Moinuddin Kazi Bashiroddin & Ors.

Appellant(s)

The Maharashtra Tourism Development Corporation, through its Senior Regional Manager Regional Office, MTDC, Aurangabad, Maharashtra & Anr.

Respondent(s)

Procedural Posture

Civil Appeal / Appeal Against High Court Order Dated 03.12.2018 in Civil Application No.7037 of 2018 in First Appeal No.1673 of 2017

Legal Issues

  1. 1 Whether the Supreme Court order dated 29.01.2018 modified the High Court order dated 14.12.2016 so as to entitle claimants to receive 50% of enhanced compensation without security and 50% with security
  2. 2 Whether respondent No.1 (MTDC) was entitled to withdraw Rs. 1,37,50,547/- deposited on 20.03.2018
  3. 3 How orders of courts, particularly Supreme Court orders, should be interpreted (substance over technicalities)

Ratio Decidendi

The Supreme Court held that its order dated 29.01.2018 must be interpreted on its substance in line with the precedent in Wajidmiya Abdul Raheman Shaikh such that 50% of the enhanced compensation is released without security and the balance 50% with security; consequently the High Court order permitting MTDC to withdraw the amount deposited on 20.03.2018 was erroneous and is set aside, and MTDC's application to withdraw the deposited amount is rejected.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order dated 03.12.2018 allowing MTDC to withdraw Rs.1,37,50,547/- is set aside
  • Application filed by MTDC for withdrawal of the deposited amount stands rejected