BHAGWAT NATHU Vs. STATE OF NAHARASHTRA

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) We may mention some facts from this petition and refer to some additional facts from the other petitions which are fixed today but in respect of which we propose to pass separate orders based on the Judgment to be pronounced in this petition.

(3.) The State of Maharashtra has issued Government Resolutions for payment of rental compensation'where possession was taken from land owners by private negotiations before the Notification was issued under section 4(1) of the Land Acquisition Act. The first such resolution is of 1/12/1972. Para (6) of the said resolution provides for payment of rental compensation. It sets out, the rental compensation would be paid 'for the period from the date on which possession of the land is taken over till the date on which full amount of final award is paid.'The sub para determines the manner in which the rental compensation is to be paid. Sub para (i) of Para (6) sets out that the yearly rental compensation at the rate of 5% of the estimated value of the land is to be paid yearly to the land owners as soon as possession is taken over and the Collector of the District is to estimate the value of the land, or any Revenue Officer not below the rank of Tahasildar on his behalf, but not the concerned Land Acquisition Officer. It is further provided that the yearly rental compensation is to be provisional and should be paid up to the date on which the full amount of final award is paid to the land owner. The Government Resolution then records as under:-"After the award is declared and the award value is known, final amount of rental compensation should be worked out at 6 and 1 /2 percent of the award value and the balance amount if due, should be paid to the land owner within three months from the date the award value is paid."