LAWS(BOM)-2008-4-380

STATE OF MAHARASHTRA Vs. ARVIND DAMODAR DODE

Decided On April 10, 2008
STATE OF MAHARASHTRA Appellant
V/S
Arvind Damodar Dode Respondents

JUDGEMENT

(1.) This is a state Appeal whereby restricted challenge is made to grant additional compensation of 12% p.a. vide its Section 23(1-A) of the Land Acquisition Act from 4th February, 1970 till 26th November, 1980. The learned counsel appearing for the Appellant fairly considered and restricted the matter in view of a Supreme Court Judgement Kashiben Bhikabai & Ors. Vs. Special Land Acquisition 605 Officer, (2002) 2, Supreme Court Cases 605.

(2.) The award was passed prior to 1982.

(3.) In view of this, the present Appeal is partly allowed. The grant of 12% Additional Compensation as referred above is quashed and set aside. Rests of the order is maintained subject to consequences of setting aside the additional compensation of 12% as referred.