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2013 (6) TMI 23 - SC - Indian LawsJurisdiction - power under Article 226 to entertain writ - acquisition of land - interest on compensation - arbitrariness and discrimination on the part of the state government - Whether the writ petition was for "recovery of money" and therefore not maintainable? - Whether the second respondent was justified in awardin interest only at the rate of 3% per annum on th compensation payable under Section 25 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961? - held that:- Primarily the writ petition was of a public law character as it related to the public law functions on the part of the state government and its officers, and therefore maintainable. - Where the lis has a public law character, or involves a question arising out of public law functions on the part of the State or its authorities, access to justice by way of a public law remedy under Article 226 of the Constitution will not be denied. respondents directed to pay interest on the compensation amount from the date of taking possession to date of payment, at the rate of 3% per annum for the first twenty years and thereafter (that is from the date of expiry of the period of 20 years) to 31.3.2005 (date of payment) at the rate of 6% per annum.
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