STATE OF MAHARASHTRA Vs. YASHWANT KASHINATH MAHALE

JUDGEMENT

(1.) THIS is one of the Appeals which ought to have been disposed of along with the Group of Appeals i.e. First Appeal No.141 of 1988 and other decided by the Division Bench of this Court consisting of Hon'ble M.K. Mukherjee, C.J. (as he then was) and A.P. Shah J on 18th October 1993 and 19th October 1993. However, it was not placed on board for final disposal as there were certain objections.

(2.) THE land involved in this appeal is one of the many covered under the Notification dated 27th January 1975 was published in Maharashtra Government Gazette on 1st February 1975 and appointing City and Industrial Development Corporation Maharashtra Limited (CIDCO for short) as the Special Planning Authority for Nasik Notified area. CIDCO submitted plans for the development of lands in the Nasik Notified area and the State Government approved the proposal submitted by CIDCO under Notification dated 1st March 1977. THEreafter, the Commissioner, Bombay Division to whom the State Government delegated its powers exercisable under Section 126(2) and Section 4 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act for short) issued Notification dated 15th July 1978 under Section 6 of the Land Acquisition Act read with Section 126(2) of MRTP Act declaring that that the various lands mentioned in the Schedule attached to that Notification were needed for public purpose. This Notification was published in the Government Gazette on 20th July 1978. THE Land S.No.9499/40 admeasuring 9600 sq.mtrs belongs to the Respondents herein.

(3.) THE Respondents shall be entitled to get compensation at the rate of 18% per sq.mtr. THE land of the Respondents admeasures 9600 sq.mtrs. THEre shall be deduction of 10% out of same while calculating the final amount payable to the Respondents. THE Respondents shall also be entitled to get 30% solatium on the said land. THE Respondents shall be entitled to get benefit of Section 23(1-A) of the Land Acquisition Act i.e.12% p.a. component on such compensation for the period commencing on and from the date of the publication of the Notification on 1-2-1975 till passing of the award by the Collector or the date of taking possession of the land,. whichever is earlier. THE Respondents shall also be entitled to get interest at 9% p.a. for additional amount for the first year from the date of taking possession and thereafter at 15% p.a. till the date of payment of the said compensation.