SHANKAR DATTA GAONKAR Vs. SPECIAL LAND ACQUISITION

JUDGEMENT

(1.) HEARD. For the reasons stated by me in the judgment passed today in First Appeal No.22 of 2000 and Miscellaneous Civil Application No.289 of 2005, which may be treated as part of this Judgment, the market value of the subject land is fixed at the rate of Rs.19/� (rupees nineteen only) per square metre.

(2.) HOWEVER, it appears from paragraph 10 of the impugned Judgment that in addition to the appellant there are other co-owners. Besides that substantial part of the land is tenanted land. The learned counsel for the appellant does not dispute the observations made by the Reference Court in paragraph 10 in that regard. It is, therefore, clarified that the appellant shall be entitled to the enhanced compensation at the rate of Rs.19/� (rupees nineteen only) per sq. mt. only to the extent of his share in the property as owner and as tenant as referred to in paragraph 10 of the Reference Court Judgment. The appellant shall also be entitled to statutory benefits of solatium and interest on the enhanced amount of compensation.