STATE OF MAHARASHTRA Vs. KASHIRAM BHAUDU HULGUNDE

JUDGEMENT

(1.) The challenge in this Appeal is to the Judgment and Order dated 26th Feb. 1992 passed by the Reference Court of Joint District Judge at Nashik, thereby correcting its Award passed in Land Reference No.158 of 1984 and directing the State to pay the interest @ 15% p.a. 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 :-

(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 Sept. 1984. By the said Amending Act, certain additional benefits were given. By addition of subsection (1-A) to Sec. 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 Sec. 23, the amount of solatium was increased from 15% to 30%. By making amendment in Sec. 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.