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2022 Supreme(Bom) 1217

SANDEEP K.SHINDE
Special Land Acquisition Officer – Appellant
Versus
Indrayani Holding And Estate – Respondent


Advocates appeared:
P.N.Dabholkar, Advocate, Rumi Mirza, Advocate, Geetika Rajpal, Advocate, Kaushal Thakker, Advocate

JUDGMENT

1. Taking exception to the common Judgment and Order dtd. 29/4/2005 passed by the Learned Civil Judge, Senior Divisoin, Panvel in Land Acquisition Reference No. 09/04 to 15/04, State has preferred these appeals under Sec. 54 of the Land Acquisition Act, 1894.

2. Special Land Acquisition Officer, Mumbai Pune Express Highway, Raigad, vide Award dtd. 23/10/1998, under Sec. 11 of the Land Acquisition Act, 1894 (Act for short), acquired lands admeasurig 39.95.7 hectares from Village Savroli, Taluka Khalapur, Dist. Raigad, awarding compensation at the rate of Rs.75,000.00 per hectare for Varkas land, and Rs.1,500.00 per hectare for pot Kharaba land. On reference by claimants U/s. 18 of the Acquisition Act, Reference Court directed the State to pay compensation at the rate of Rs.100.00 per sq. mtr., with proportionate costs; Component at the rate of twelve per cent in addition to market value, under Sec. 23(1-A); solatium at the rate of thirty per cent, in addition to the market value under sec. 23 (2); interest at the rate of nine per cent per annum for one year and thereafter at the rate of fifteen per cent per annum under Sec. 28 of the Land Acquisition Act, 1894, and interest

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