SHAKUNTALABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these application---Misc. Civil Application No. 37 of 1986 and Misc. Civil Application No. 36 of 1986, for review of our judgments in First Appeal Nos. 40 of 1979 and 41 of 1979, respectively, decided on 21-11-1984, can be disposed of by a common judgment. Inasmuch as the facts and circumstances in both the applications are identical.

(2.) Brief facts leading to the present applications may be narrated as follows: The present applicants are the landowners who were the respondents in the first appeals mentioned above. By a Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the (Principal Act) issued on 11-2-1970, followed by Notification under section 6 of the Principal Act dated 18-7-1970, 3.74 Acres of land out of Survey No. 83/1 and 3.21 acres of land out of Survey No. 98 both of village Mahadula, Tahsil and Dist, Nagpur, belonging to the applicants were put under acquisition. The Additional Special Land Acquisition Officer, Panch Project, Nagpur, by an Award dated 28-4-1972, passed in Revenue Code No. 31/A 65/1970-71 granted a total sum of Rs. 1,24,727.85 as compensation. The matter was then referred to the Civil Court and the Joint Civil Judge; (Senior Division), Nagpur, who heard this matter, being Land Acquisition Case No. 33 of 1972, by its award dated 30-11-1978, granted enhanced compensation of Rs. 3,32,178.93 solatium at the rate of 15% and interest at the rate of 3% from the date of taking possession till the date of payment with proportionate costs.

(3.) The State of Maharashtra challenged this Award of the Civil Court vide First Appeal Nos. 40 of 1979, and 41 of 1979, before this Court. Both these first appeals were decided by us on 20-11-1984, in that we had agreed with the trial Court and dismissed the appeals filed by the State with costs. However, we had modified the rate of interest, in exercise of powers conferred by the provisions of Order 41, Rule 33 of the Code of Civil Procedure, 1908, and directed that the rate of interest shall be 4% instead of 3% as allowed by the trial Court.