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2002 Supreme(Bom) 1119

D.G.KARNIK
State of Maharashtra – Appellant
Versus
Rama Maruti Javale – Respondent


JUDGMENT - KARNIK D.G., J.:---Heard Mr. K.K. Tated, learned Assistant Government Pleader for the appellant.

2. The appellant acquired land admeasuring 04 H 81 R out of Gat No. 748 of the respondent under the provisions of the Land Acquisition Act and compensation of Rs. 2228/- was awarded by the Land Acquisition Officer.

3. Unsatisfied with the amount of compensation the respondent applied under section 18 of the Land Acquisition Act for reference to the Court for enhancement of the compensation. Accordingly, the Collector made a reference and by the impugned judgment and order dated 24th August, 1994, passed in Land Reference No. 3751 of 1989, the learned Civil Judge, Senior Division, Pandharpur enhanced the compensation amount by Rs. 2632/- to Rs. 4860/-. The Court also awarded Rs. 789/- as solatium at the rate of Rs. 30% on the enhanced amount interest under section 28 and further awarded Rs. 10,011/- under sub-section (1-A) of 23 of the Land Acquisition Act. Being aggrieved, the State Government has filed this appeal under section 54 of the Land Acquisition Act to the Court.

4. The State has valued the appeal at Rs. 2832/- being the enhancement of the compensation awarded by the























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