STATE OF MAHARASHTRA Vs. BHASKARRAY K DHOLAKIA

JUDGEMENT

(1.) This is a State Appeal whereby restricted challenge is made to the impugned order dated 10th August, 1987 in Land Acquisition Reference No.13 of 1981. The Special Land Acquisition Officer has awarded an amount to the claimant. The learned Joint District Judge, Thane in Reference enhanced the same and thereby added 12% p.a. additional compensation under Section 23(1-A) of the Land Acquisition Act for the period from 04/02/1970 to 26/11/1980 and added further solatium at 30% and passed the order deducting the compensation and solatium already paid to the claimant.

(2.) As the award was passed prior to 1982, the learned counsel appearing for the Appellant failed to restrict the claimant based upon the Supreme Court decision in Kashiben Bhikabai & Ors. Vs. Special Land Acquisition Officer, (2002) 2, Supreme Court Cases 605 whereby the Supreme Court after considering the provisions of Section 23(1-A) as amended by Act 68 of 1984 and observed in para 17 as under:-

(3.) Therefore, in view of the above, it is a clear decision of the Supreme Court granting additional compensation under Section 23(1-A) at the rate of 12% p.a. from 04/02/1970 to 26/11/1980 is impermissible. The claimant is not entitled to additional compensation as granted. The impugned order, therefore, is modified. The same portion/part is therefore, quashed and set aside. The above part needs to be given effect with all consequences in view of this order and the impugned judgment and order be modified accordingly. The rests of the impugned order is maintained.