LAWS(BOM)-2006-2-50

STATE OF MAHARASHTRA Vs. MARUTIDAGDU KARDILE

Decided On February 22, 2006
STATE OF MAHARASHTRA Appellant
V/S
MARUTI DAGADU KARDILE Respondents

JUDGEMENT

(1.) This group of appeals may be disposed of by common judgment as all of them arise out of the same project, wherein same question of law is involved.

(2.) Admittedly, for percolation tank of village Baburdi ghumat, Taluka and District Ahmednagar, certain lands from village Khandala were acquired. In five of the First Appeals, notification u/s. 4 were issued on 11. 7. 1974 and final awards were passed on 30. 11. 1978. In remaining five appeals, notification U/s 4 was issued on 10. 9. 1981 and the award was passed on 18. 12. 1981. In all these ten appeals, the respondents claimants were not satisfied with the compensation awarded by the Special Land acquisition Officer. Therefore, they made land reference applications U/s 18 of the Land Acquisition Act. The learned IInd Joint Civil Judge (S. D. ) Ahmednaqar, heard all these land references and found that the compensation awarded by the Special Land Acquisition Officer was grossly inadequate and needed to be enhanced. Relying on the rate of compensation fixed by him in land reference Application No. 139/1981, arising out of adjacent village Walki, with consent of the parties, he decided to fix compensation at the rate of Rs. 3,500/- per acre for dry or Zirayat land and at the rate of Rs. 7,000/- per acre for irrigated or Bagayat land and accordingly, he fixed the market value of the lands acquired in each of the matters. The learned Civil Judge (S. D. ) passed the judgment in november 1985 Before that Land Acquisition Act was amended by the amending Act No. 68/1984 with effect from 24. 9. 1984. Certain benefits in the pending matters were to be given with effect from 30. 4. 1982, when the amendment Bill was introduced in the Loksabha. In view of the said amendment, the learned Civil Judge (S. D. ) directed to grant solatium at the rate of 30% p. a. on the enhanced amount and 15% additional solatium on the amount of compensation awarded by the S. L. A. O. He also granted enhanced rate of interest on the compensation amount. Besides that, he also directed to pay additional component at the rate of 12% p. a. on the to compensation amount from the date on which Section 4 notification was published in the Government Gazette. The State has preferred these appeals challenging only grant of additional component at the rate of 12% p. a.

(3.) The respondent claimants also filed cress-objections contending that the amount of compensation awarded by the learned Civil Judge (S. D. ) was not sufficient,he should have granted compensation minimum at the rate of Rs. 10,000/- per acre.