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2007 Supreme(Bom) 1214

ANOOP V.MOHTA
State of Maharashtra – Appellant
Versus
Kathod Hasu Patil – Respondent


Advocates appeared
Mrs. G.P. Mulekar, AGP for the State.
Mr.D.S.Sawant for the respondent.

JUDGMENT:-

1. In this appeal the state has challenged the impugned order datd 12th April, 1993 passed by the 2nd Additional District Judge, Raigad-Alibag whereby the claimant’s application has been partly allowed, and thereby the Court has granted enhanced compensation @ Rs.15/- per sq.mtr., after considering the material placed on record in para 9 which is reproduced as under:- .

"As stated above I estimated the market value of the acquired land at Rs.15/- per square metre. The total are of both the lands come to 4070 square metre. Therefore, 4070 sq. metres x Rs.15/- per sq. metre = Rs.61,050=00. the Special Land Acquisition Officer has awarded total market value of the acquired land Rs.24,308.40ps. The Claimant is therefore, entitled to enhance amount of Rs.61,050.00 minus Rs.24,308.40 ps. = Rs.36,741.60 ps. towards market value. The Claimant is also entitled to additional amount on the same at the rate of 12% per annum under Section 23(1)(a) of the Land Acquisition Act, Solatium at the rate of Rs.30% under Section 23(2) and interest under Section 28 of the Land Acquisition Act, 1894 and proportionate costs. The issues are answered accordingly and hence I pass the following order



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