LAWS(BOM)-2007-6-202

VYAS RAMAKRISHNA PRABHU LAWANDE Vs. LAND ACQUISITION OFFICER

Decided On June 22, 2007
VYAS RAMAKRISHNA PRABHU LAWANDE Appellant
V/S
LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard by consent.

(2.) The petitioner has challenged the Order dated 31. 8. 2006 passed by the Additional district Judge, Mapusa in Civil Misc. Application No. 56/05 in Land Acquisition Case no. 5/90. By the impugned order, the learned judge has rejected the petitioner's application, claiming interest on solatium and amount deducted towards tax.

(3.) At the outset, Mr. Mulgaonkar, learned counsel for the petitioner stated that he does not press the demand in respect of the deduction towards tax. The only contention raised by the learned Counsel for the petitioner is that the petitioner ought to have been granted interest on solatium in respect of the award as enhanced by the Reference court on 24. 9. 96 granting compensation to the petitioner at the rate of Rs. 12 /- per sq. m. in respect of acquisition of an area of 32,930 sq. metres of the property situated at Morlem village in Satari Taluka. The petitioner's claim for interest on solatium is based on the judgment of the Supreme Court in (Sunder Vs. Union of India) , reported in 2003 (Supp. ) Bom. C. R. (S. C. ) 296 : 2001 (4) Mh. L. J. 859 : 2001 DGLS 1183 : 2001 (7) S. C. C. 211 : A. I. R. 2001 S. C. 3516 : J. T. 2001 (8) S. C. 130 : 2001 (6) SCALE 405 : 2001 (7) Supreme 37 where the Supreme Court held that a person who receives compensation in respect of land which is acquired, is entitled to interest on solatium. Therefore, according to the learned Counsel for the petitioner, even though the petitioner's appeal was disposed of on 7. 3. 98, that is before Sunder's case, the petitioner would be entitled to interest on solatium.