DEORAO RAGHO KILBILE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal is filed by the appellants as the Referral Court failed to grant solatium as per Sec. 23(2), as also additional component in view of Sec. 23 (1-A) of the Land Acquisition Act, 1894 (for the sake of brevity 'the said Act'). It is also the submission of the appellant that he is entitled for interest in view of Sec. 28 of the said Act. The Notification under Sec. 4 came to be issued on 30/11/1991 for acquisition of Gat No.43, area 2.78 HR. Award under Sec. 11 of the said Act came to be passed on 7/3/1994. The Special Land Acquisition Officer granted compensation at the rate of Rs.24,000.00 per hectare.

(2.) As the appellant was not satisfied with the amount of compensation awarded, he filed Reference under Sec. 18 of the said Act. The Civil Court enhanced the compensation and awarded Rs.2,78,000.00. However, while passing order, it appears that only interest was granted and learned Referral Court failed to consider the provisions Sec. 23 (1-A) and (2), so also the provisions of Sec. 28 of the said Act. In view of Sec. 23 (1-A) of the said Act, the claimants are entitled in addition to the market value of the land, an amount calculated at the rate of 12% per annum on such market value for the period commencing on and from the date of the publication of the Notification under Sec. 4(1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.

(3.) Learned Counsel for appellants relied on following citations :