STATE OF MAHARASHTRA Vs. CHANDRAKANT RAMRAO PHADATARE

JUDGEMENT

(1.) THE judgment and award passed by the Joint Civil Judge, Senior Division, Satara in Land Reference No. 5/1986, is under challenge in this First Appeal, filed on behalf of the appellant-State, in this Court.

(2.) FEW facts, relevant, leading to the controversy between the parties are summarized as under :

(3.) THE learned Joint Civil Judge, (S.D.), Satara, after considering the pleading of the parties, framed the issues regarding the entitlement of the claimant for enhancement of compensation, maintainability of the petition, especially when the contention is taken by the appellant regarding the provision laid down U/sec. 9 of the Land Acquisition Act and the entitlement of the respondents for solatium and interest. The learned Joint Civil Judge (S.D.) after recording the evidence, allowed the said Land Reference Application and directed the appellant-State to pay enhanced compensation of Rs.6,120/- to the respondents and also further directed to make payment of solatium @ Rs.30% thereof and interest @ Rs.15% for the aforesaid amount from the date of possession i.e. from 26.11.1982 till the satisfaction. The cost of the respondents were also awarded by the learned Joint Civil Judge (S.D.), Satara, while passing the said award dated 9.2.1988 in Land Reference Application No.5/86.