STATE OF MAHARASHTRA Vs. ZAKIR ALI PARVARISH ALI

JUDGEMENT

(1.) THE award passed in LAR No. 1159/ 1987, by the learned District Judge at Beed on 8th of July, 1988, has been challenged in this appeal filed under Section 54 of the Land Acquisition act, 1894 ( for short, 'the Act' ).

(2.) WE shall deal with the facts. Agricultural land located in survey no. 171 of Ambejogai, admeasuring 3 H. and 72 R. and owned by the appellant i. e. Zakir AH s/o. Parwarish Ali was acquired by the State Government under the Act for construction of S. T. Depot and Staff Quarters for the (Maharashtra State Road Transport Corporation), along with other patch of land admeasuring 49 R. from the said survey number, thus, making a total of 4h. and 21 R. under acquisition. The notification under section 4 was issued on 12. 8. 1982, Possession of the subject land was taken over on 13. 8. 1984, and, finally, the Land Acquisition Officer passed his award on 23rd of Sept. 1986, and granted compensation at the rate of rs. 900/- Per R. for agricultural land and Rs. 4/- per Sq. Foot, for the nonagricultural land. In addition, solatium at 30 % as well as the interest component along with interest under Section 34 of the Act was granted and, thus, a total amount of Rs. 6,01,330. 90 was paid to the respondent no. 1 in respect of the agricultural land admeasuring 3 H. 72 R.

(3.) BEING dissatisfied with the said amount of compensation, the claimant filed an application under Section 18 of the Act, for enhancement, which application was referred to the Court below and was registered as lar No. 1159/1987. The learned District Judge was pleased to fix the market value at the rate of Rs. 15/- per Sq. Foot and, by allowing one third deduction for development charges, the amount of market value came to be fixed at Rs. 10/- per Sq. Foot for the entire land admeasuring 3 H. 72 R. (4,05,408 Sq. Ft.) and by deducting the amount already paid to the claimants, Additional amount of Rs. 48,31,164/- plus 12 per cent component was also directed to be paid under Section 23 (1 A) of the Act from the date of publication of the notification under Section 4 i. e. 12. 8. 1982 to the date of possession i. e. 13th of August, 1984. The said additional amount came to Rs. 8,91,907/ -. In addition, interest, as payable under section 28, i. e. 9 per cent for the first year, from the date of possession, and, at the rate of 15 per cent thereafter, has also been directed to be paid. The entire amount has been deposited with the Bank of India by the m. S. R. T. C. as per the directions of this court, while admitting the appeal.