GODAVARI SUGAR MILLS LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant was the owner of a large extent of sugarcane land. The Special Deputy Collector, Ahmednagar issued a notification dated 15.6.1961 under Section 21 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Act for short) declaring that the Appellant held 12127.4 acres as surplus agricultural land. In pursuance of it, possession of 7407 acres and 331/2 guntas of land at Sakarwadi and 2910 acres and 4 guntas in Lakshmiwadi was taken over on 25.5.1968. Possession of another 608 acres and 381/2 guntas in Sakarwadi and 525 acres 11/2 gunta in Lakshmiwadi was taken on 23.1.1976. Ultimately possession of the remaining 99 acres 13 guntas at Lakshmiwadi was taken on 6.4.1990.

(3.) On 13.11.1978 the Appellant submitted its claim in regard to the entire lands (except the 99 acres 13 guntas which was taken subsequently) under Section 24(1) of the Act. Several reminders were sent by the Appellant wherein the delay was highlighted and demand was made for payment of interest at 9% per annum. Ultimately on 13.12.2001 proceedings for determination of compensation were commenced by issue of notices for enquiry under Section 24(1) and (2) of the Act. The second Respondent made an award dated 30.3.2005 determining the amount due as Rs. 88,77,538.49 comprising Rs. 43,22,656.65 as compensation and Rs. 45,54,881.84 as interest thereon at 3% per annum from the date of possession to 31.3.2004. The said payment was accepted under protest by the Appellant on 31.3.2005.