G.S. Singhvi, J. - (1.) These appeals are directed against judgment dated 14.12.2000 of the Division Bench of Madhya Pradesh High Court whereby the appeal filed by Shashikant Bansal (hereinafter referred to as 'the appellant') under Section 147 of the Madhya Pradesh Town Improvement Trust Act, 1960 (for short, 'the Act') was partly allowed and market value of the land acquired by Gwalior Improvement Trust/Gwalior Development Authority (hereinafter referred to as 'the respondent') was fixed at the rate of Rs. 1.50 per square feet minus 25% development cost and the appellant's claim for payment of interest on solatium was rejected.
(2.) The appellant's land comprised in Khasra Nos. 48 to 53, 60 to 63 and 65 to 67 measuring 16.04 Bighas situated in Keshobaagh, Gwalior was acquired for execution of the residential scheme framed by the respondent. The appellant was offered a sum of Rs. 1,98,975/- as compensation for the land, house and wells existing over the land but he did not accept the same. Therefore, a reference was made under Section 72(3) of the Act to the Joint Tribunal of All Town Improvement Trusts of Madhya Pradesh (for short, 'the Tribunal'). The Tribunal considered the rival pleadings and evidence and passed award dated 14.7.1992, the relevant portion of which reads thus: We direct that the development authority Gwalior the successor in office of Gwalior Improvement Trust do pay Rs. 12000/- per bigha as compensation for the acquired land, Rs. 40,000/- per well i.e. Rs. 80,000/- for two wells. Rs. 50,000/- for the house on the land, Rs. 30,000/- for the standing trees and plants on the land, Rs. 50,000/- for the boundary wall, Rs. 3500/- for pipes and angles, Rs. 5000/- for the standing sugarcane crop, Rs. 15000/- for the amount spent in leveling the land, Rs. 5000/- for the loss of pump house and water tank (house) and Rs. 4000/- for tin shed. The development authority, Gwalior shall also pay 6% interest on the above amount from 30.7.76 and 16% solatium on the above amount.
(3.) Feeling dissatisfied with the market value fixed by the Tribunal, the appellant preferred an appeal under Section 147 of the Act. The Division Bench of the High Court partly allowed the appeal and fixed the market value of the land at the rate of Rs. 1.50 per square feet but ordered deduction of development cost at the rate of 25%. The Division Bench rejected the appellant's claim for award of interest on solatium by relying upon the judgment of this Court in Yadavrao P. Pathade v. State of Maharashtra, (1996) 2 SCC 570.;