STATE OF MAHARASHTRA THROUGH SPECIAL LAND ACQUISITION OFFICER, NASHIK Vs. SHRIDHAR YESHWANT KASBE
HIGH COURT OF BOMBAY
State Of Maharashtra Through Special Land Acquisition Officer, Nashik
Shridhar Yeshwant Kasbe
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Shalini Phansalkar Joshi, J. -
(1.) The challenge in this Appeal is to the Judgment and Order dated 18th February 1992 passed by the Reference Court of Joint District Judge at Nashik, thereby correcting its Award dated 5th January 1981, finally decided on 17th December 1983, in Land Reference No.279 of 1981 and directing the State to pay the interest @ 15% p.a. from 1st February 1992 until the entire compensation amount is paid to the Respondent-Claimant 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 Gat No.282, admeasuring 5-85 pk. 0-13, situate at Village Wadgaon in Nashik, and belonging to the Respondent-Claimant, 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 Respondent-Claimant 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 18th February 1992, thereby enhancing the market value of the land acquired from the RespondentClaimant.
(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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