STATE OF MAHARASHTRA Vs. SHANKAR TUKARAM MADHAVI

JUDGEMENT

(1.) Heard learned A.G.P. for the Appellant and the learned Advocate for the Respondent Nos.2 to 8 and 10. The impugned Judgment and Award under section 18 of the Land Acquisition Act, 1894 relates to agricultural lands at Village Sanpada, Taluka and District Thane. On 3rd February 1970 the said land was notified under section 4 of the said Act for public purpose of setting up a satellite city of Navi Mumbai.

(2.) The Reference Court has granted the market value at the rate of Rs.10/- per sq. meter. There is no dispute that the market value in this case will be governed by the decision of this court dated 5th December 2007 in First Appeal No.580 of 1994 (State of Maharashtra Vs. Sadashiv Bala Patil) and other connected First Appeals. Therefore, so far as the market value is concerned, no fault can be found with the impugned Judgment and Award.

(3.) However, the learned Joint District Judge has committed an error by granting a solatium at the rate of 30% even on the component of interest under section 23(1-A) of the said Act. That is not permissible in view of the settled position of law. To that extent the impugned Judgment will have to be modified.