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 modifications.

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 to the petitioner, for establishing an octroi naka or octroi post, the process of acquisition of land and payment of compensation was undertaken much later. The amount of rental compensation is claimed from the point in time the respondents took possession of the said piece of land, till the determination and payment of compensation, as per the land acquisition award.

2. The petitioner owned lands in survey Nos.10 (part), 11 (part) and 160 (part) of Village Wakad, Taluka Mulshi, Dist. Pune. The said land was included within the limits of the respondent No.3-Pimpri Chinchwad Municipal Corporation (PCMC). In the year 1997 and in the year 2000, PCMC published draft development plan for the city of Pimpri-Chinchwad. In the draft development plan, the lands of the petitioner were reserved for octroi post. It is the case of the petitioner that in the year 2003, PCMC encroached upon the land and started using it for the purpose of the octroi post, without initiating any process for acquisition and in the absence of any negotiation with the petitioner. Apart from the octroi post, PCMC needed land for the purpose of 12 meter wide road under the development plan.

3. In this backdrop, on 24^th February 2006, an agreement/taba pavati (possession receipt) was executed between the petitioner and PCMC for handing over 4849.80 sq. mtrs. for the octroi post and 1379 sq. mtrs. for the 12 meters road. The said agreement recorded that the petitioner had agreed for the same on the condition of payment of damages, as advance possession was being taken.

4. Thereafter, the petitioner addressed a number of communications to the respondents, particularly respondent No.3- PCMC, for taking necessary steps for acquisition of land and for payment of damages, as advance possession was taken from him. Certain communications were received from the officers of PCMC about intended steps to be taken. Eventually, on 16^th July 2009, a declaration under Section 6 of the Land Acquisition Act, 1984 (hereinafter referred to as ‘LA Act’ for short) was issued and published in the official gazette. But, further progress was extremely slow and therefore, the petitioner was constrained to send communications and representations to the respondents to take necessary steps in the matter urgently, particularly because the petitioner stood deprived of enjoyment of its land.

5. In this context, the petitioner was constrained to file Writ Petition No.2970 of 2013 before this Court. The said writ petition was disposed of by an order dated 12^th June 2013. In the said order, the Division Bench of this Court took note of the fact that advance possession of the land of the petitioner was taken and that apart from seeking acquisition and compensation for the said land, the petitioner was also pursuing its prayer f