The State Of Maharashtra ... vs Pirmohammad Rajmohammad
2021 Latest Caselaw 6824 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               BENCH AT AURANGABAD


                        FIRST APPEAL NO.538 OF 2003

 The State of Maharashtra,
 (Through the Special Land Acquisition
 Officer, Jalgaon, District-Jalgaon)
                                                    ...APPELLANT
                                               (Orig. Respondent)
        VERSUS

 Babulal Gaba Patil,
 Age-50 years, Occu:Cultivator,
 R/o-Mukhpat, Taluka-Erandol,
 District-Jalgaon
                                                      ...RESPONDENT
                                                     (Orig. Applicant)

                AND


                        FIRST APPEAL NO.539 OF 2003

 The State of Maharashtra,
 (Through the Special Land Acquisition
 Officer, Jalgaon, District-Jalgaon).
                                                    ...APPELLANT
                                               (Orig. Respondent)
        VERSUS

 Pirmohammad Rajmohammad,
 Age-50 years, Occu:Farmer,
 R/o-Mukhpat, Taluka-Erandol,
 District-Jalgaon
                                                      ...RESPONDENTS
                                                     (Orig. Applicant)




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                  ...
      Mr.S.S. Dande, A.G.P. for Appellant in both Appeals.
      None present for Respondents though served.
                  ...

                CORAM:         ANIL S. KILOR, J.

                 DATE :        28th APRIL, 2021


 ORAL JUDGMENT :


 1.               These are the appeals arising out of common

 Judgment and award dated 11th February 1993 passed by the

 Civil    Judge,       Senior    Division,       Jalgaon   in   Land      Acquisition

 Reference No. 57 of 1989 and                      Land Acquisition Reference

 No. 115 of 1989.



 2.               The land in question situated at village Mukhpat,

 Taluka-Erandol, District-Jalgaon was acquired for construction of

 M.I. Tank, Padmalaya. The Notification under Section 4 of the

 Land Acquisition Act was issued on                  31 st March 1980 and the

 award was passed on 17th December 1981 by the Special Land

 Acquisition Officer thereby granting approximately Rs.55/- per R

 towards compensation, which has been enhanced by the

 Reference Court, upon Reference filed by the claimants under




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 Section 18 of the Land Acquisition Act, to the tune of Rs.240/-

 per R.



 3.               I have heard learned AGP appearing for the appellant

 - State. None for the claimants.



 4.               The learned AGP submits that the amount granted by

 the learned Reference Court is exorbitant and furthermore the

 interest under Section 28 of the Land Acquisition Act has been

 granted by the learned Reference Court from the date of

 possession and not from the date of award as per the Judgment

 of the Full Bench of this Court in a case of State of

 Maharashtra vs. Kailash Shiva Rangari1.



 5.               To consider the contentions raised by the learned

 AGP, I have gone through the record and proceedings and also

 perused the impugned Judgment and award.



 6.               The learned Reference Court, while arriving at the

 enhanced amount of compensation, has considered all the

 relevant factors as per the well settled principles of law and

 discussed those factors in the Judgment, more particularly in

 1    2016(4) ALL MR 513 (F.B.)




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 Paragraph         No.8.       The   sale   instances         are    the     basis      for

 enhancement of the amount of compensation, contrary to which

 nothing has been brought on record by the appellant in this

 matter.



 7.               In that view of the matter, I do not find any error

 committed          by    the   Reference       Court    in    granting       enhanced

 compensation to the tune of Rs.240/- per R.



 8.               However, the Judgment and award                     requires to be

 modified to the extent of the amount of interest under Section

 28 of the Land Acquisition Act which is granted from the date of

 possession, whereas it should have been from the date of award

 as per the Judgment of the Full Bench of this Court in a case of

 State of Maharashtra vs. Kailash Shiva Rangari, (supra).



 9.               Accordingly, the present appeals need to be partly

 allowed, as under:-



                               ORDER

(I) The appeals are partly allowed.

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(II) The clause (5) of the operative part of the

Judgment and award dated 11 th February 1993

passed by the Civil Judge, Senior Division, Jalgaon in

Land Acquisition Reference No. 57 of 1989 and Land

Acquisition Reference No.115 of 1989 is modified,

and it is held that the claimants are entitled for the

interest under Section 28 of the Land Acquisition Act,

1894, from the date of Award. For the first year the

interest would be at the rate of 9% per annum and

for the subsequent period it would be at the rate of

15% per annum till realization of the entire amount

of the Award.

(III) No order as to costs.

[ANIL S. KILOR, J.]

asb/APR21