STATE OF MAHARASHTRA Vs. KAILASH SHIVA RANGARI

JUDGEMENT

(1.) In Land Acquisition Case No.37 of 1997, the Reference Court, in exercise of its jurisdiction under Section 18 of the Land Acquisition Act, 1894, has held on 30.9.2000 that the respondentclaimant shall be entitled to compensation at the rate of Rs.50,000/ per hectare for the land acquired, and Rs.10,000/ for well. The Reference Court has further directed that the claimant should be paid additional component on the amount of enhanced compensation at the rate of twelve per centum per annum from the date of the possession, i.e. from July, 1985, till the date of the award, i.e. 16.9.1995. The learned Single Judge (Shri Z.A. Haq, J.) has rejected all the challenges to the determination of market rate and to the award of compensation for the well.

(2.) This reference to a Larger Bench is concerned with the direction of the Reference Court to the appellantState to pay to the respondentclaimant an interest at the rate of nine per centum per annum on the amount of enhanced compensation of the land, for the first year from July, 1985 to June, 1986, and thereafter, at the rate of fifteen per centum per annum from July, 1986 till the date of its realization.

(3.) The undisputed factual position is that the possession of the land under acquisition was taken by the Government in the month of July, 1985 and the notification under Section 4(1) of the Land Acquisition Act was issued on 16.9.1993. The award was passed on 19.9.1995. Thus, the actual physical possession of the land under acquisition is prior in point of time and it is followed by a notification under Section 4(1), declaration under Section 6, and the award under Section 11 of the said Act.