LAWS(BOM)-2014-3-234

MADHAVRAO Vs. STATE OF MAHARASHTRA

Decided On March 14, 2014
MADHAVRAO Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard.

(2.) The petitioners claim that their land was acquired for the purpose of K.T. Weir at Killari. The notification under section 4 of the Land Acquisition Act came to be issued on 29.3.1990. The possession of the land owned by the petitioners was taken on 15.11.1988, whereas after completing the acquisition proceedings, award came to be passed on 5.3.1992. In view of the fact that the possession of the land was taken on 15.11.1988 and award under Land Acquisition Act was passed on 5.3.1992, in view of the policy of the Government reflected in Govt. Resolution dated 1.12.1972, the petitioners are claiming rental compensation from the date of taking over possession till the date of passing of the award.

(3.) Learned Counsel for the petitioners invited attention of this Court to the judgment passed under section 18 of the Land Acquisition Act in a Reference moved by the petitioners on 4.9.1998. While dealing with the claim of the petitioners for enhancement of compensation and grant of interest under provisions of section 34 of the Act, the learned Reference Court has observed in paragraph 15 thus :-