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2009 Supreme(Bom) 256

2009(3) ALL MR 779
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
(AURANGABAD BENCH)
P.V. HARDAS & K.K. TATED, JJ.
Jafarali Mithabhai Hirani & Ors. - Appellant
Vs.
State of Maharashtra & Ors. - Respondent
First Appeal Nos.188, 219, 213, 218, 245 of 2000
IN Land Acquisition Reference No.358, 360, 359 of 1995
Decided On: 24th February, 2009.

Advocates Appeared:
Mr. M.V. DESHPANDE, Advocate for Appellants/Claimants in First Appeal Nos.188 of 2000, 213 of 1999 and 245 of 1999; and for Respondent Nos.1 to 4 in First Appeal No.218 of 1999 and for the Respondent Nos. 1/1 to 1/4 and 2 to 5 in First Appeal No.219 of 1999. Mr. V.B. GHADGE, A.G.P. for Respondent State and Respondent Special Land Acquisition Officer in all Appeals. Mr. P.V. MANDLIK, Sr. Counsel for Respondent No.3 in First Appeal No.188 of 2000. Mr. B.A. DARAK, Advocate for Appellant in First Appeal Nos.218 and 219 of 1999; and for the Respondent No.3 in First Appeal Nos.213 and 245 of 1999.

Headnote:(A) Land Acquisition Act (1894), Ss.23(1A), 4:- Where the acquisition of land is done before the issue of notification of land under Section 4, claimant is entitled to interest at the rate of 12 % from the date of notification to the date of payment of compensation.

       (B) Land Acquisition Act (1894), Ss.4, 23, 28, 34:- Once the land acquisition officer or the corporation deposits the compensation amount in the court or pay to the claimant the liability to pay interest ceases.

K.K. TATED, J.:-

All these First Appeals can be disposed of by Common Judgment as identical question of fact and law arise in these Appeals. Lands acquired in these Appeals for Integrated Development Scheme, Extension of Gavthan at Kinwat, Tq.-Kinwat, Dist-Nanded, for Kinwat Municipal Council, Kinwat i.e. Acquiring Body. Learned counsel appearing on behalf of the parties pointed out that the evidence led by the parties is common in all these First Appeals, therefore these Appeals can be disposed of by Common Judgment

2. First Appeal No.188 of 2000 preferred by the original claimant against the impugned Judgment and award dated 12th November, 1998 passed in Land Acquisition Reference No.358 of 1995 is for enhancement of compensation, whereas First Appeal No.219 of 1999 is preferred by the Acquiring Body i.e. Municipal Council, Kinwat challenging the impugned Judgment and award passed by the Reference Court First Appeal No.213 of 1999 is preferred by original claimant challenging the impugned Judgment and award dated 17th November, 1998 passed by the Reference Court in Land Acquisition Reference No.360 of 1995 for enhancement of compensation; whereas First Appeal No.218 of 1999 is filed by the Acquiring Body i.e. Municipal Council, Kinwat challenging the impugned Judgment and award passed by the Reference Court, First Appeal No.245 of 1999 is preferred by original claimant challenging the impugned Judgment and award dated 13th November, 1998 passed by the Reference Court in Land Acquisition Reference No.359 of 1995 for enhancement of compensation.

3. Learned counsel appearing on behalf of the original claimants categorically made a statement that in all these First Appeals filed by them, they are challenging the compensation awarded by the Reference Court only; whereas the learned Senior Counsel appearing on behalf of the Acquiring Body made a statement that they are challenging the additional component and interest awarded by the Reference Court to the claimants. Learned counsel appearing on behalf of the parties made a statement that though they have raised some of the grounds challenging the acquisition itself, those grounds are not pressed by them at the time of argument and same are waived. Therefore, by consent all these First Appeals are taken up for final hearing on the question of market rate and additional component as per Land Acquisition Act

4. In First Appeal No.188 of 2000 preferred by the original claimant, it is the case of the Appellant that notification under Section 4 of the Land Acquisition Act was published in the Maharashtra Gazette, Aurangabad Division on 10th July, 1993. Learned Counsel Mr. M.V. Deshpande appearing on behalf of the Appellants/Claimants submitted that the claimants were owner of the land Survey No.304 admeasuring 4 Hector 9 Rs situated within the limits of Municipal Council, Kinwat and out of the said land, I Hector 84 Rs land i.e. 2,00,376 sq. ft. land had been acquired for the purpose of Integrated Development Scheme, Extension of Gavthan at Kinwat. After issuing notice under Section 4 of the Land Acquisition Act, the Respondent State issued final notification under Section 6 of the Land Acquisition Act dated 30th September, 1993. Thereafter claimants have been served with notice under Section 9(3)(4) of the Land Acquisition Act calling upon the claimants to raise objections, if any in respect of measurement of the land, personal interest and in respect of market value. In response to the said notice the claimants filed their written claim before the Land Acquisition Officer and claimed market value of the acquired land at the rate of Rs.1501- per sq. ft. along with documentary evidence in support of their claim. After following due process of law, Special Land Acquisition Officer declared the award dated 12th September, 1995 and awarded compensation in respect of acquired land at the rate of Rs,44/- per sq. meter. The learned counsel appearing on behalf of the original claimants stated t
















































































































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