LAXMAN MAHADU NIGROSE Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Both these Appeals arise from the very same Award passed by the learned Civil Judge, Senior Division at Raigad on 17/10/1989 in Land Acquisition Reference No.67 of 1987. First Appeal No.118 of 1991 has been filed by the claimant whereas First Appeal No.614 of 1991 has been filed by the State of Maharashtra and, therefore, both these appeals are being decided by a common judgment.

(2.) The agricultural land located in Gat No.79 Hissa No.15 and Gat No.68 Hissa No.1 at village Barvai, Tal.Panvel, Dist. Raigad was under acquisition in terms of the notification issued under Section 4 of the Land Acquisitions Act, 1894 ("the Act" for short) on 13/12/1984 and from the ownership of the claimant an area admeasuring 17900 sq. mtrs. was sought to be acquired by the said notification.

(3.) Being dissatisfied with the market value fixed by the Special Land Acquisition Officer, the claimant submitted an application under Section 18 of the Act for enhancement of compensation which came to be referred by the Collector to the learned Civil Judge, Senior Division at Raigad and the proceedings were registered as LAR No.67 of 1987. After hearing both the parties and on consideration of the reference, the Court was pleased to fix the market value of the land admeasuring 17900 at Rs.35 per square meter. In addition the reference Court also gave benefit of severance in respect of remaining area admeasuring 5300 square metres by awarding the market value at the very same rate i.e. Rs.35 per square metre. In addition solatium at 30 % on the market value as provided under Section 23(2) of the Act and compensation at the rate of 12% per annum as provided under Section 23(1A) of the Act was also given to the claimant. Interest at the rate of 9 % per annum has also been granted.