DWARKABAI KARBHARI GANGARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel Mr. P. M. Yelnurkar, instructed by learned counsel Mr. M. P. Harjule, who appears for the appellant and learned A. G. P. Mrs. P. R. Mane for the respondent.

(2.) This appeal is directed against the judgment and order passed by the learned 2nd Joint Civil Judge, Senior Division in Review Application No. 93 of 1986 on 31st July, 1987. The appellant was the petitioner and the respondent was the Opponent in Review Application No. 93 of 1986. The parties, hereinafter, are referred to their status in Review Application No. 93 of 1986, as petitioner and opponent, respectively.

(3.) Petitioner had filed Land Acquisition Reference No. 1 of 1978 under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act of 1894, for short) for enhancement of compensation. This application was referred to the learned District Judge, Ahmednagar and, in turn, it was made over to learned 2nd Joint Civil Judge, Senior Division, Ahmednagar. It was, as noted above, L. A. R. No. 1 of 1978. The learned 2nd Joint Civil Judge, Senior Division, ahmednagar, after hearing the parties, awarded an amount of Rs. 33,120/- as additional compensation and an amount of Rs. 4,968/- as 15% solatium, totalling to Rs. 38,088/ -. Interest at the rate of 4% was directed to be paid to the applicant on the amount of additional compensation from the date on which the possession of the land was taken, till the date of final payment of such amount. Proportionate costs was also awarded by the learned 2nd Joint Civil Judge, Senior Division, ahmednagar, by his judgment and award passed on 13th September, 1984 in l. A. R. No. 1 of 1978. The petitioner filed Review Application No. 93 of 1986 in the Court of learned Civil Judge, Senior Division, Ahmednagar seeking review of the order passed in L. A. R. No. 1 of 1978. Learned 2nd Joint Civil Judge, Senior Division, ahmednagar, after hearing the parties, partly allowed the Review Application no. 93 of 1986 and modified the order passed in L. A. R. No. 1 of 1978. The learned 2nd Joint Civil Judge, Senior Division maintained the amount of additional compensation to the tune of Rs. 33,120/ -. however, solatium, at the rate of 30%, instead of 15%, was awarded. In other words, considering the earlier award of 15% solatium, further additional solatium at the rate of 15%, was directed to be paid to the petitioner. On the amount of this additional compensation, the opponent was directed to pay interest at the rate of 9% p. a. from the date on which possession of the land was taken, till deposit of the amount of compensation in the Court, except for the period for which rent has been paid. In case of depositing the amount of compensation, beyond the period of one year, interest at the rate of 15% p. a. for the said period i. e. beyond one year, was made permissible. Proportionate costs was also awarded in favour of the petitioner by the order passed by the 2nd Joint Civil Judge, Senior Division, ahmednagar on 31st July, 1987 in Review Application No. 93 of 1986.