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1996 Supreme(Bom) 702

M.L.DUDHAT, RANJANA DESAI
State of Maharashtra – Appellant
Versus
Kamlabai Vishwanath Bagad and other – Respondent


JUDGMENT

Advocates appeared :

C.J. Sawant, Advocate General with R.S. Deshpande, Asst. Govt. Pleader, for the appellant-State.

S.M. Paranjape, for the respondent Nos. 1 and 2.

G.S. Hegde, for respondent No. 3.

Per M.L. DUDHAT, J. :---This first appeal arises out of the land acquisition proceedings. The appellants in this case is the State of Maharashtra. The appellants have preferred this first appeal against the Judgment and Decree dated 21st August, 1995 passed by the learned Joint District Judge, Nashik, in Land Acquisition Reference No. 257 of 1990. By the aforesaid judgment and decree, the trial Court has granted compensation at the rate of Rs. 300/- per sq. metre for the land acquired. The trial Court has also granted solatium at the rate of 30 per cent on the total market value and additional compensation at the rate of 12 per cent per annum from the date of the notification published under sub-section (1) of section 4 of Land Acquisition Act, 1894 i.e. 1st February 1982 till the date on which the possession was taken viz. 28th November, 1988. The Lower Court also granted interest at the rate of 9 per cent per annum on the net amount of the compensation from the date of possess





















































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