MAROTISA AND ORS. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein question judgment and award in L.A.C. No. 40 of 1991 rendered by learned Joint Civil Judge Senior Division, Wardha on 27-3-2003. The grievance of the appellants is that the appellants had adduced cogent evidence of three witnesses so as to invite award from the Reference Court. According to learned counsel for the appellants, in an identical case which referred to the evidence of the witnesses while award was passed by the said Reference Court in LAC No. 3 of 1988 in the matter of Radhabai Qiaganlal Chandak vs. State of Maharashtra and Anr. decided on 31-3-1989, the Reference Court had concluded in paragraph No. 20 of the judgment (vide Exh. 33 in record), thus:

(2.) Thus, compensation was calculated and balance amount was awarded in the form of additional amount to be paid with interest at the rate of 12% per annum from the date of Notification under section 4(1) of the Land Acquisition Act, 1894 (for short, "the said Act") till the date of award of the Collector or the date of taking possession of the land whichever is earlier after deducting the amount of compensation already paid and the interest at the rate of 9% per annum from the date of payment of compensation as per the award till one year and thereafter at the rate of 15% per annum till the date of deposit in the Court of the excess compensation awarded by the Court. Thus, it is submitted that Notification in the present case under section 4 of the said Act was issued on the same date i.e. 30-5-1980 and the process of Notification under sections 6 and 9 of the said Act and award under section 11 was passed on 7-5-1982 at the rate of Rs. 10,000/- per hectare for the dry crop land and the total compensation for standing tree (39 mango trees and 4 Babul trees) was granted in the total sum of Rs. 21,178/-.

(3.) Shri S.U. Nemade, learned counsel, submits that for enhancement of the compensation evidence of three witnesses along with documents inclusive of Exh. 33 judgment and award in Radhabai's case was also submitted before the Reference Court. The said judgment and award became final. Shri Ekre, learned Assistant Government Pleader, went through the record of the case including Exhs. 32 and 33 which are judgment and award and do not dispute that amount of compensation at the rate of Rs. 20,000/- per hectare of land was awarded in the Radhabai's case and that the said judgment and award attained the finality because the application for condonation of delay preferred by the State of Maharashtra was rejected in connected First Appeal No. 198 of 1990 by order dated 1-2-2013 passed by this Court. In the facts and circumstances which are identical in record of First Appeal No. 198 of 1990, judgment and award (Exh. 33) and in the present case as to the facts regarding issuance of Notification under sections 4, 6 and 9 and award under section 11 etc. compensation at the same rate as granted in the judgment and award Exh. 33 in the record can be granted. The compensation awarded in the sum of Rs. 21,178/- for the trees is maintained without any interference with the same. However, the compensation for the acquired land in this case i.e. Survey No. 28 admeasuring area of 2H 24R which is dry crop land acquired for Upper Wardha Project compensation be paid at the same rate of Rs. 20,000/- per hectare. Consequential statutory benefits as to statutory interest etc. shall also be paid accordingly as indicated in the judgment and award (Exh. 33).