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2003 Supreme(SC) 718

S.N.VARIAVA, ARIJIT PASAYAT
State Of Maharashtra – Appellant
Versus
Maimuma Banu – Respondent


JUDGMENT

Arijit Pasayat, J.-The only point involved in these cluster of appeals is whether the High Court of Bombay was justified in directing payment of interest on rental compensation awarded to persons whose lands were acquired under the Land Acquisition Act, 1894 (in short the Act ).

2. Factual matrix giving rise to these appeals is almost undisputed except that the dates in regard to the notifications issued under Section 4 and 6 of the Act are different, Lands of the respondents were acquired by the appellant-State by private negotiations and accordingly possession was taken prior to issuance of notification under Section 4 of the Act. Subsequently, notification under Section 6 of the Act was also issued. The Land Acquisition Officer fixed the compensation payable and the statutory entitlements. The State of Maharashtra by several resolutions and instructions contained in Circulars dated 1.12.1972, 17.9.1977, 2.4.1979 and 24.3.1988 provided for rental compensation payable to title holders of lands. The resolutions in question, inter alia, provided that where possession of lands is taken by private negotiations a certain percentage of the estimated value of the land was to be p











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