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M. S. JAWALKAR
Deorao Ragho Kilbile – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. Present appeal is filed by the appellants as the Referral Court failed to grant solatium as per Section 23(2), as also additional component in view of Section 23 (1-A) of the Land Acquisition Act, 1894 (for the sake of brevity 'the said Act'). It is also the submission of the appellant that he is entitled for interest in view of Section 28 of the said Act. The Notification under Section 4 came to be issued on 30.11.1991 for acquisition of Gat No.43, area 2.78 HR. Award under Section 11 of the said Act came to be passed on 07.03.1994. The Special Land Acquisition Officer granted compensation at the rate of Rs.24,000/- per hectare.
2. As the appellant was not satisfied with the amount of compensation awarded, he filed Reference under Section 18 of the said Act. The Civil Court enhanced the compensation and awarded Rs.2,78,000/-. However, while passing order, it appears that only interest was granted and learned Referral Court failed to consider the provisions Section 23 (1-A) and (2), so also the provisions of Section 28 of the said Act. In view of Section 23 (1-A) of the said Act, the claimants are entitled in addition to the market value of the land, an amount calculated
The solatium and interest amount were held to be payable under the Act of 1953, and the solatium formed a component of the compensation itself, warranting interest. The interest on solatium was held ....
Interest on solatium in land acquisition cases must be awarded as per Supreme Court rulings, invalidating conflicting government directives.
The right to compensation arises on land vesting with the State, while its quantification may occur later, with interest payable until deposited.
Acquisition of land – Interest on Solatium can be claimed only in pending executions and not in closed executions.
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