State Of Maha vs Gunderao Vishwanathrao ...
2021 Latest Caselaw 7282 Bom

                                             1                             927-2003-FA.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                               FIRST APPEAL NO. 927 OF 2003

The State of Maharashtra
Through the Collector, Osmanabad                              ..      Appellant

     Versus

Gunderao S/o Vishwanathrao Nimbalkar
died through LRs. and Another                                 ..      Respondents

                                      AND
                        CIVIL APPLICATION NO. 7312 OF 2003

...
Mr. S.S. Dande, AGP for Appellant-State
Mr. S.T. Ghute, Advocate for respondent no. 1A
Mr. V.V. Ingle, Advocate for respondent no. 2
...

                                                 CORAM :      ANIL S. KILOR, J.
                                                 DATE :       5th MAY, 2021

ORAL ORDER :-

                 The present Appeal is arising out of the Judgment and Award
dated 14-01-2003 passed in Land Acquisition Reference No. 290 of 1999
by the learned Reference Court, enhancing the amount of compensation
for the acquired lands.

2.               The land-in-question is acquired for the purpose of
rehabilitation of earthquake affected persons. The Section 4 Notification
was issued on 10-01-1994. Thereafter, Award was passed on 22-10-1996.
Feeling dis-satisfied with the amount of compensation granted by the
Special Land Acquisition Officer, Reference was preferred under Section
18 of the Land Acquisition Act, 1894 in which the amount has been
enhanced to the tune of Rs. 20/- per square foot from Rs. 24,000/- per
Hectare. The said Judgment and Award is under challenge in this Appeal.




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3.                I have heard the learned AGP for the appellant-State of
Maharashtra and learned counsel for the respondents-claimant.s

4.                The only ground challenging the impugned Judgment and
Award is that, the amount granted by the learned Reference Court is
exorbitant. It is pointed out that the interest under Section 28 of the L.A.
Act ought to have granted from the date of Award but has been granted
from the date of notification under Section 4 of the L. A. Act, contrary to
Judgment of the Full Bench of this Court in a case of State of Maharashtra
Versus Kailash Shiva Rangari1.

5.                To consider the rival contentions of the parties, I have gone
through the record and proceedings and also the impugned Judgment and
Award.

6.                After going through the Judgment and Award, it is reveled
that the learned Reference Court has scrutinized the oral as well as
documentary evidence available on record in detail, while determining the
market value. The learned Reference Court has also considered the
relevant factors which are to be taken into consideration as per the well
settled principles of law, while arriving at a just and fair compensation.


7.                Nothing has been brought on record by the appellant in this
matter to show contrary or to show perversity in the findings recorded by
the learned Reference Court. In that view of the matter, I do not find any
merit in the present matter.


8.                Moreover, in view of the Government policy not to file or
contest appeal in the matter wherein the amount awarded by the learned
Reference Court is not more than four times than the amount awarded by
SLAO, as per Government Resolution dated 03-11-2016 and subsequent
corrigendum dated 23-02-2017 issued in that regard, I am of the view that

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




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on this count also the Appeal needs to be dismissed.


9.               However, in view of the Judgment of Full Bench in State of
Maharashtra Versus Kailash Shiva Rangari (supra), operative part of the
impugned Judgment and Award needs to be modified and the interest
awarded by learned Reference Court 'from the date of taking possession of
the land' needs to be granted 'from the date of Award'.


10.              Accordingly, the present Appeal is partly allowed as under :


                                     ORDER

     (I)     The Appeal is partly allowed.

     (II)    The operative part of the impugned Judgment and Award

passed by the Reference Court 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 @ 9% per annum and for the subsequent period, it would be @ 15% per annum till realization of the entire amount of the Award.

(III) No order as to costs.

(IV) In view of disposal of the First Appeal, Civil Application no.

7312 of 2003 stands disposed of.

( ANIL S. KILOR ) JUDGE arp/-