Case Note & Summary
The case involves two appeals arising from a common judgment of the Joint Civil Judge, Senior Division, Satara in Land Reference No.22/87 dated 5.2.1991. The State of Maharashtra and the claimant both challenged the order. The Reference Court declared the actual area of acquired land as 6750 sq.mtrs and directed the State to pay Rs.4,26,600/- as compensation with 30% solatium and interest @12% p.a. from the date of publication of notification under Section 4 of the Land Acquisition Act (10.4.1984) till the date of award (20.3.1987) and further interest @9% from the date of handing over possession till realization. The lands in question were plot nos.37, 38, 39, 40 & 50 at village Sailapur, Taluka Karal. The State appealed against the quantum and area determination, while the claimant sought enhancement. The High Court, after hearing both sides, partially allowed the appeals, modifying the compensation amount and interest rates.
Headnote
A) Land Acquisition - Compensation - Determination of Area - The Reference Court declared the actual area of acquired land as 6750 sq.mtrs and directed payment of Rs.4,26,600/- with 30% solatium and interest @12% p.a. from date of Section 4 notification till award and @9% thereafter till realization. (Paras 1-2)
Issue of Consideration
Whether the Reference Court correctly determined the actual area of acquired land and the quantum of compensation payable to the claimants.
Final Decision
Both appeals are partially allowed. The judgment of the Reference Court is modified. The compensation amount and interest are adjusted as per the court's reasoning.
Law Points
- Land Acquisition Act
- 1894
- Section 4
- Section 23
- Section 28
- Solatium
- Interest
- Compensation
- Area Determination
Case Details
2005 LawText (BOM) (08) 104
First Appeal No.1047 of 1991 and First Appeal No.661 of 1992
R.M.S.Khandeparkar, V.M.Kanade
Mr.K.K.Tated, AGP for Appellant/State; Mr.G.R.Rege with S.M.Railkar for Respondent
State of Maharashtra (through the Collector, Satara) and M/s. Kantilal and Vinodlal
M/s. Kantilal and Vinodlal and State of Maharashtra
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Nature of Litigation
Appeals against judgment of Reference Court in land acquisition compensation matter.
Remedy Sought
State sought reduction of compensation and area; claimant sought enhancement.
Filing Reason
Dispute over actual area of acquired land and quantum of compensation.
Previous Decisions
Reference Court declared area as 6750 sq.mtrs and awarded Rs.4,26,600/- with solatium and interest.
Issues
Whether the Reference Court correctly determined the area of acquired land?
Whether the compensation amount and interest awarded were appropriate?
Submissions/Arguments
State argued that the area and compensation were excessive.
Claimant argued that compensation was inadequate and sought enhancement.
Ratio Decidendi
The court determined that the Reference Court's finding on area was correct but modified the compensation and interest rates based on the provisions of the Land Acquisition Act.
Judgment Excerpts
The Reference court declared that the actual area of the land acquired is 6750 sq.mtrs and directed the State Govt. to pay Rs.4,26,600/- to the Claimants by way of compensation and further to pay 30% solatium of the said amount.
Further direction was given to pay interest @ 12% p.a. on the said amount from the date of publication of the notification under Section 4 of the Land Acquisition Act i.e. 10.4.1984 till the date of declaration of the award i.e. 20.3.1987 and further interest @ 9% on the said amount from the date of handing over possession till the realisation of the amount to the claimants.
Procedural History
The Reference Court passed judgment on 5.2.1991 in Land Reference No.22/87. Both State and claimant filed appeals before the High Court, which were heard together and disposed of on 26.8.2005.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 23, Section 28
