STATE OF MAHARSHTRA Vs. SHANKAR SHIVRAM HOLKAR (SINCE DECEASED) THROUGH LEGAL HEIRS PARVATABAI SHANKAR HOLKAR AND OTHERS
HIGH COURT OF BOMBAY (AT: NAGPUR)
STATE OF MAHARSHTRA
Shankar Shivram Holkar (Since Deceased) Through Legal Heirs Parvatabai Shankar Holkar And Others
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SHALINI PHANSALKAR-JOSHI,J. -
(1.) The challenge in this Appeal is to the Judgment and Order dated 24th January 1992 passed by the Reference Court of Joint District Judge at Nashik, thereby correcting its Award dated 25th October 1982 in Land Reference No.35 of 1979 and directing the State to pay the interest @ 15% p.a. from 14th January 1992 until the entire compensation amount is paid to the Respondents-Claimants or it is deposited in the Court.
(2.) Facts leading to this Appeal may be stated, in brief, as follows :- The Appellant - the State of Maharashtra has acquired the land, bearing Survey No.104/2, divided into Gat Nos.262, 263 and 264, situate at Village Mouje Takali-Vinchur, Tal. Niphad in Nashik, and belonging to the Respondents-Claimants, as per the Notification published on 17th July 1980, under Section 4 of the Land Acquisition Act, 1894. The Special Land Acquisition Officer made the Award. Against the Award passed by the Special Land Acquisition Officer, the Respondents-Claimants made a Reference under Section 18 of the LA Act. The Reference came to be decided by the Joint District Judge, Nashik, and the Award was passed by him on 24th January 1992, thereby enhancing the market value of the land acquired from the Respondents-Claimants.
(3.) Pending this Reference before the Joint District Judge, Nashik, the Land Acquisition Act, 1894 came to be amended by the Amending Act No.68 of 1984 with effect from 24th September 1984. By the said Amending Act, certain additional benefits were given. By addition of subsection (1-A) to Section 23, additional component at the rate of 12% p.a. of the market value was provided for the first time. Similarly, by way of amendment in sub-section (2) of Section 23, the amount of solatium was increased from 15% to 30%. By making amendment in Section 34, the rate of interest was also increased from 6% to 9% for the first year after taking possession of the land, and 15% beyond the period of one year after taking possession till the payment of compensation amount.;
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