Padmabai w/o. Ambadas Dhakulkar v. State, Through Collector, Amravati
2011-11-21
A.B.CHAUDHARI
body2011
DigiLaw.ai
JUDGMENT:- Being aggrieved by the judgment and award dated 12.2.1996 passed by the 3rd Joint Civil Judge, Senior Division, Amravati, granting compensation @Rs.75,000/ - per hectare, the claimants have preferred the instant appeals, claiming higher compensation than the one granted by the reference court. 2. The land in question was acquired for establishment of the Amravati University. The Division Bench of this court in the case of State of Maharashtra ..vs.. Aniruddha Shriram Ganorkar & others Amravati University, Amravati, granted compensation to the claimants in those appeals @ Rs.1,39,500/- per hectare. The said judgment of Division Bench was followed by the Single Judges of this court and in First Appeal No.415/1996, decided on 1.12.2010. It is not in dispute that the suit land which forms the subject matter of those appeals were a]so acquired under the same section 4 notification for establishment of Amravati University, from Mouja Wadali. That being so, there is no reason why the appel1ants herein should not get the same rate of compensation that was awarded by the learned Single Judge of this court in First Appeal No. 415/1996 decided on 1.12.2010. Consequently, I make the following order: ORDER 1] First Appeal Nos. 414/1996 and 416/1996 are allowed. (i) Appellants/claimants herein would be entitled to compensation @ RS. 1,39,500/ per hectare for the lands of the appellants acquired. (ii) The appellants are awarded an amount as per section 23(1A) of the Land Acquisition Act 1894 @ 12% per annum from the date of publication of section 4 notification till the date of award or till the date of actual possession whichever falls first on the aforesaid amount of compensation. (iii) The appellants are granted solatium @30% on the aforesaid amount of compensation in accordance with provisions of section 23(2) of the Land Acquisition Act. (iv) The appellants are awarded interest@9% per annum from the first year and at the rate of 15% per annum thereafter in accordance with the provisions of section 28 of the Land Acquisition Act from the date of taking possession of the land on the compensation amount. (v) Appellants are awarded proportionate costs. (vi) Award be drawn accordingly. Appeals allowed.