STATE OF MAHARASHTRA Vs. WALCHANDNAGAR INDUSTRIES LTD

JUDGEMENT

(1.) THESE First Appeals are directed against the award dated 14/3/1990 passed by the learned Extra Joint District Judge, Pune in Land Reference No.6 of 1982.

(2.) THE Government of Maharashtra had published a notification under Section 4 of the Land Acquisition Act, 1894 ("the Act" for short) on 26/10/1972 for acquisition of the lands located in village Kumbhargaon, Taluka Indapur, Dist. Pune as they were falling under the submergence of the Ujani Dam Water. The Land Acquisition Officer passed his first award on 13/3/1976 and he did not grant any compensation to the company except an amount of Rs.53,668/- towards the labour charges for the removal of material. The SLAO passed his second award on 9/12/1981 and granted compensation to the claimant-company as under:-

(3.) ON account of construction of the Ujani Dam on the Bhima river near Indapur a large lake was formed behind the dam spreading the dam waters and, therefore, about 7 Kms. of the trolley line came under the water submerged area of the said land and passing through the villages such as Tarkar Wadi, Bhigwan, Diksail, Dhalj, Kumbhargaon. In the award passed on 13th March 1976 the compensation for the lands covering 6 Kms. trolley line was not granted but in the subsequent award dated 9/12/1981 the Special Land Acquisition Officer awarded the compensation in respect of Survey Nos.296 and 325. However, no compensation was paid for the remaining 28 Kms. of the trolley line on account of damages for severance, injurious affection and diminution etc. The claimant - company, therefore, submitted its claim statement on 25/10/1976 and claimed compensation for damages and injurious affection of the trolley line. The details of the compensation claimed were as under: Claim for severance Rs.1,13,947/-, 15% solatium - Rs.17,092/- and claim for damages and injurious affection for the trolley line becoming obsolete - Rs.1,49,85,251/-. Thus the total claim preferred was Rs.1,51,16,290/-.