DIGAMBAR AMBADAS MAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner by this Petition, claims a direction to Respondent No.2 and No.3 to make payment of compensation of the Petitioner's land which was acquired from Survey No.128/1 situated within the area of Municipal Council, Osmanabad for construction of D.P. Road, with solatium and interest.

(2.) According to the Petitioner, he is the owner of land Survey No.128/1 situated in Osmanabad Municipal Council area. The same was taken into possession by Respondent No.2 and No.3 for the development and constructing D.P. Road, 12 Meter wide from T.V. Centre to Ramnagar and from T.V. Centre to Irrigation Colony, Osmanabad. It was in accordance with the development plan of Osmanabad. It is alleged that Respondent No.2 and No.3 approached to the Petitioner and requested for giving possession of the land mentioned above for the construction of D.P. Road and by way of mutual understanding between the Petitioner and Respondent No.2 and No.3, Petitioner agreed by way of private negotiations, to handover the possession of the said land to Respondent No.2 and No.3, subject to condition that the compensation would be paid along with solatium and interest to the Petitioner. Accordingly possession was taken and the Road was constructed. It is alleged that this acquisition of land was in pursuance to the Municipal Council Resolutions as well as the consent and approval. According to the Petitioner, it was agreed that the Town Planning Department would determine the quantum of compensation and the same would be paid to the Petitioner alongwith solatium and interest as stated above. Accordingly, Town Planner by his proposal dated 7/9/1996, recommended the compensation of Rs.11,70,720/- (Rs. Eleven Lakh Seventy Thousand and Seven Hundred Twenty only). Accordingly the proposal was sent for financial assistance to the Osmanabad Municipal Council for the appropriate amount as per the Scheme and relevant Government Resolutions. It is claimed by the Petitioner that only 50% amount of the settled compensation was paid and the balance amount, so also solatium and interest was not paid. Hence Petitioner, claimed those amounts by way of this Writ Petition.

(3.) When the matter was heard, it was informed that during the course of the proceedings, total compensation of Rs.11,70,720/- was paid. However, solatium and interest, according to the Petitioner, which was payable as per agreement was not paid. Hence Petition is continued for those reliefs only.