Nagnath Bavkar and Others vs State of Maharashtra and Others

Heard. Rule By consent of the parties, petition is taken up for final disposal at admission stage.

Agricultural lands belonging to petitioners came to be acquired for construction of "Kilaj Storage Tank". Notification u/s 4 of Land Acquisition Act was published in Government Gazette on 24-2-2000 and, after following procedure prescribed under the Act, award came to be passed on 6-5-2006. The Collector, while passing the award, failed to pay benefits under provisions of section 34 of Land Acquisition Act. As such, petitioners have approached this Court. Perused the award passed by Land Acquisition Officer. It transpires that the Collector has determined only value of the lands and the amount of solatium and component payable under the Act. The Collector has failed to extend benefits as provided u/s 34 of the Land Acquisition Act. The Collector, while passing the award is required to pay or deposit amount of compensation along with interest at the rate of 9% per annum from the date of taking over possession till the amount is deposited and, in the event of failure to pay or deposit the amount of compensation within one year from the date of taking over possession, interest at the rate of 15% per annum shall be payable from the date of expiry of said period of one year, on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry. In the instant matter, possession of lands has been taken over by acquiring body on 11-2-1999 by private negotiation. The date of taking over possession is anterior to publication of section 4 notification. As such petitioners would be entitled to claim benefits available under provisions of Land Acquisition Act only after issuance of notification u/s 4 of the Act. Petitioners thus would be entitled to claim amount of interest on the value of the land determined by Collector from 24-2-2000 onwards till the date of payment of amount. It is also noted in the award that claimants were paid advance compensation to the extent of 80%. Claimants / petitioners herein thus would be entitled to claim benefits u/s 34 of the Act from the date of issuance of section 4 notification till the date of payment of advance compensation. Petitioners would also be entitled to claim interest u/s 34 of the Land Acquisition Act on the balance amount of compensation from the date of publication of section 4 notification i.e. from 24-2-2000 till payment of balance amount. Respondents shall determine amount payable to each of the petitioners and shall disburse the same to each of the petitioners within a period of six months from today. Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs.