KASHINATH ATMARAM KOTHAVADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal by the claimant against the award of additional compensation by the Joint Judge, Nashik, in Land Reference No. 17 of 1982, under the Land Acquisition Act, 1894 which according to the claimant is inadequate.

(2.) BRIEFLY the facts are that the State Government published on 15-3-1979 a notification under section 4 (i) of the Land Acquisition Act, to acquire in Kalwan town an area admeasuring 39. 44 Areas equivalent to 3944 Sq. M. from Gat No. 533 belonging to the appellant for the public purpose of having at Kalwan a K. V. Sub Station, Central Room, Staff quarters etc. of the Maharashtra State Electricity Board (for short, the M. S. E. B ). According to the learned Counsel for the appellant the above agricultural land was converted to non-agricultural use in 1970. However it appears from the award that the land was converted to non-agricultural use on 9-1-1973. It is pertinent to see that according to the claimant the possession of the suit land was taken by the State Government by an agreement dated 24-8-1978 i. e. even prior to the publication of the notification dated 15-3-1979 under section 4 (i) of the Land Acquisition Act.

(3.) THE appellant has claimed by filing his statement of claim before the Special Land Acquisition Officer No. I, Nashik (for short the L. A. O.) that he is entitled to compensation @rs. 170/- per Sq. M. The learned L. A. O. however, fixed the rate of compensation for the suit land at Rs. 10/- per Sq. M. Accordingly the compensation of Rs. 39,440/- was granted by him for the suit land. The learned L. A. O. also allowed 15% solatium upon the above compensation awarded by him.