STATE OF MAHARASHTRA Vs. YADAVRAO

JUDGEMENT

(1.) In both these matters, the order dated 25-4-2002 passed below Exhibit 1 in Regular Darkhast No.06 of 2000 by the learned Civil Judge, Senior Division, Bhandara, is the subject-matter of challenge. The controversy raised before this Court is regarding the award of an amount of Rs.27,289/- in terms of Section 23(1-A) regarding additional component under the Land Acquisition Act , 1894. Undisputedly, the award passed on 29-7-1989 by the Reference Court does not make a reference to the entitlement of the claimant for additional component under Section 23 (1-A) of the said Act. The question is whether the Executing Court could award such amount in the execution proceedings?

(2.) In the decision of the Apex Court in the case of Bai Shakriben (dead) by Natwar Melsingh and others v. Special Land Acquisition Officer and another , reported in AIR 1996 SC 3323, it is held in para 6 as under :

(3.) In view of the aforesaid law laid down by the Apex Court, the Executing Court was not justified in granting the additional component to the claimant under Section 23 (1- A) of the Land Acquisition Act . The order passed, which is impugned in both these matters, will have to be set aside and the matter will have to be sent back to the Executing Court to calculate the amount actually paid and which becomes payable to the claimant.