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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
Devi Construction LLP – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. advance possession in 2003 before delayed acquisition award triggers rental claim (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. 8% rental compensation under grs 1972/1979 for pre-acquisition possession (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 3. grs cancelled post-2003; inapplicable to non-irrigation octroi post (Para 17 , 18 , 19) |
| 4. sc recognizes rental compensation sans statutory basis for dispossession (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. post-april 2003 possession governed by subsequent grs maintaining entitlement (Para 28 , 29 , 30 , 31 , 32) |
| 6. rental policy universal; 8% on open land value plus 6% interest (Para 33 , 34 , 35 , 36) |
| 7. distinguishable from 2013 act private negotiation acquisitions (Para 37 , 38 , 39) |
| 8. direct pcmc to pay rental compensation per 2003 gr with interest (Para 40 , 41) |
JUDGMENT :
Manish Pitale, J.
1. The petitioner has approached this Court seeking a direction against the respondents for payment of rental compensation as per the policy of the State, manifested in a number of Government Resolutions issued from time to time. It is the case of the petitioner that while the respondents took possession of the subject land belonging
Possession prior to acquisition entitles landowner to 8% rental compensation on open land value per state policy Government Resolutions, plus 6% interest, irrespective of purpose or post-cancellation....
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
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