DINKAR SANDIPAN GHOLVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) There are 36 petitioners in Writ Petition No.2559 of 2008. Their lands were acquired for the Sarani - Sangavi Minor Irrigation Tank. According to the petitioners the respondents took possession of the lands on 19th July, 2005. The Notification under Section 4 of the Land Acquisition Act was issued on 9th December, 2004 and published on 23rd March, 2005. The Award was passed on 22nd December, 2006. According to the petitioners the statutory benefits under Section 23(1-A) and Section 34 of the Land Acquisition Act has not been paid to the petitioner. Though the petitioners have made representation on 10th December, 2007 the above statutory benefits have not been paid till date. Consequently the petitioners have approached this Court for a direction to the Respondents to decide the application dated 10th December, 2007 filed by the petitioners by paying them the statutory benefits. During the course of the hearing on behalf of the petitioners it is submitted that as possession of the land was taken before the issuance of the Notification they are entitled to the additional amount under Section 23(1-A) and interest under Section 34 of the Act.

(3.) Alternatively it is submitted that the petitioners are entitled to rental compensation in terms of the Government G.R. dated 1st December, 1972 read with Government Resolution dated 2nd April, 1979. It is submitted that in terms of this G.R. the petitioners are entitled for rental compensation which is 8% of the Award value. The Award value, it is submitted, is not only the market value of the land, but all ingredients including trees standing on the land and appurtenant thereto as are set out in Section 23 of the Land Acquisition Act.