STATE OF MAHARASHTRA Vs. KAMLABAI VISHWANATH BAGAD

JUDGEMENT

(1.) THIS first appeal arises out of the land acquisition proceedings. The appellants in this case is the State of Maharashtra. The appellants have preferred this first appeal against the Judgment and Decree dated 21st August, 1995 passed by the learned Joint District Judge, Nashik, in Land Acquisition Reference No. 257 of 1990. By the aforesaid judgment and decree, the trial Court has granted compensation at the rate of Rs. 300/- per sq. metre for the land acquired. The trial Court has also granted solatium at the rate of 30 per cent on the total market value and additional compensation at the rate of 12 per cent per annum from the date of the notification published under sub-section (1) of section 4 of Land Acquisition Act, 1894 i. e. 1st February 1982 till the date on which the possession was taken viz. 28th November, 1988. The Lower Court also granted interest at the rate of 9 per cent per annum on the net amount of the compensation from the date of possession for the first year and at the rate of 15 per cent per annum thereafter till realisation. This compensation amount and the additional benefits granted to the respondents-claimants are the subject-matters of challenge before us in this first appeal. Against the said judgment and decree, the respondents-claimants have also preferred cross-objections challenging the compensation awarded by the trial Court and by the aforesaid cross-objections, the respondents-claimants claim compensation at the rate of Rs. 400/- per sq. metre. The aforesaid first appeal on behalf of the respondents-claimants are argued before us.

(2.) SINCE in this matter, there has arisen a substantial question of law, we would like to deal with and decide the said substantial question of law first and after deciding this first appeal on the said substantial question of law, we will dispose of the appeal and the cross-objections of the respondents-claimants after taking into consideration the respective arguments of both the sides.

(3.) SHRI C. J. Sawant, learned Advocate General appeared on behalf of the appellant-State along with the learned Assistant Government Pleader Shri R. S. Deshpande. Shri G. S. Hegde, learned Counsel appeared on behalf of respondent No. 3. Respondents-claimant were represented by the learned Counsel Shri S. M. Paranjape.