1996(2) ALL MR 107
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.V. SAVANT AND P.S. PATANKAR, JJ.
The State Of Maharashtra Vs. Yashwant Kashinath Mahale & Ors.
First Appeal No. 223 of 1988
21st July, 1995
Petitioner Counsel: Shri K.K. TATED
Respondent Counsel: Shri P.N. JOSHI
Land Acquisition Act (1894), Ss.6, 23(1A), 28 - Maharashtra Regional and Town Planning Act (1966), S.126(2) - Acquisition of land for public purpose-Land admeasuring 9600 sq.mtrs. and categorised in Zone I - Held, claimants were entitled to get compensation at rate of Rs.18/- per sq.mtr. with 10 percent deduction thereon and also entitled to get 30 percent solatium and benefit of S.23 (1-A) and S.28. (Para 5)
P.S. PATANKAR,J. : This is one of the Appeals which ought to have been disposed of along with the Group of Appeals i.e. First Appeal No.141 of 1988 and other decided by the Division Bench of this Court consisting of Hon'ble M.K. Mukherjee, C.J. (as he then was) and A.P. Shah J on 18th October 1993 and 19th October 1993. However, it was not placed on board for final disposal as there were certain objections.
2. The land involved in this appeal is one of the many covered under the Notification dated 27th January 1975 was published in Maharashtra Government Gazette on 1st February 1975 and appointing City and Industrial Development Corporation Maharashtra Limited (CIDCO for short) as the Special Planning Authority for Nasik Notified area. CIDCO submitted plans for the development of lands in the Nasik Notified area and the State Government approved the proposal submitted by CIDCO under Notification dated 1st March 1977. Thereafter, the Commissioner, Bombay Division to whom the State Government delegated its powers exercisable under Section 126(2) and Section 4 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act for short) issued Notification dated 15th July 1978 under Section 6 of the Land Acquisition Act read with Section 126(2) of MRTP Act declaring that that the various lands mentioned in the Schedule attached to that Notification were needed for public purpose. This Notification was published in the Government Gazette on 20th July 1978. The Land S.No.9499/40 admeasuring 9600 sq.mtrs belongs to the Respondents herein.
3. In the companion appeals, mentioned above, it was held that all the lands were situated near Bombay Agra Road and are having similar advantages. Therefore, the lands were categorized in Zone I and it was held that the claimants were entitled to get rate at Rs.18/- per sq.mtr. and the same would be just and proper. It is not disputed before us that the land of the Respondents is situated abutting Bombay-Agra Road. Taking into consideration this, the Respondents are entitled to get the rate of Rs.18/- per sq.mtr. The Division Bench also held that claimants were entitled to get 30% solatium, benefit of Section 23(1-A) and Section 28 of the Land Acquisition Act,1894.
4. The learned Advocate for the Respondents has very fairly conceded that this is a big plot and therefore there should be 10% deduction while calculating the compensation payable to the Respondents, as also held by the Division Bench in the judgment delivered in companion appeals. Relying upon the judgments of the apex Court reported in 1993 2 SCC 639 Bihar Supply Syndicate v. Asiatic Navigation and others and 1987 Supp. SCC 528 Mahant Dhangir V Shri Madan Mohan, it was held that claimants were entitled to get the benefit of enhanced compensation in view of Order 41 Rules 22 and 33 of Code of Civil Procedure even though no cross objections or cross appeals were filed by them. In view of this, we pass the following order :-
5. The Respondents shall be entitled to get compensation at the rate of 18% per sq.mtr. The land of the Respondents admeasures 9600 sq.mtrs. There shall be deduction of 10% out of same while calculating the final amount payable to the Respondents. The Respondents shall also be entitled to get 30% solatium on the said land. The Respondents shall be entitled to get benefit of Section 23(1-A) of the Land Acquisition Act i.e.12% p.a. component on such compensation for the period commencing on and from the date of the publication of the Notification on 1-2-1975 till passing of the award by the Collector or the date of taking possession of the land,. whichever is earlier. The Respondents shall also be entitled to get interest at 9% p.a. for additional amount for the first year from the date of taking possession and thereafter at 15% p.a. till the date of payment of the said compensation.
6. The claimants Respondents are also directed to pay the Court fees on such enhanced amount within 8 weeks from the date on which the actual amount payable to the Respondents is determined. Appeal is disposed of accordingly.
There shall be no order as to costs.
Certified copy expedited.