Special Land Acquisition Officer and Another vs Kohinoor Dresses and Others

M.L. Dudhat, J.—This first appeal is filed by the State Government against the Judgment and decree passed in Land Reference No. 13 of 1983 by the Addl. District Judge, Kolhapur, on 21st March, 1986.

Special Land Acquisition Officer No. 16, Kolhapur, decided to acquire City Survey No. 186/1 under Acquisition Case No. LAQ & 312/15 and in the said proceedings the respondents-original claimants claimed compensation of amount of Rs. 2,50,000. The Land Acquisition Officer passed the award on 27th January, 1983 and awarded compensation of Rs. 1,500 to the firm and the loss of business during the period of settlement of the firm and an amount of Rs. 50 for shifting the electric metre and Rs. 100 for shifting counter materials in the shop.

Being aggrieved by the aforesaid award, the respondents preferred Land Reference No. 13 of 1983. After taking into consideration the evidence as led by both the parties, the Additional District Judge, Kolhapur, awarded compensation of amount of Rs. 15,750 in addition to whatever already granted by the Land Acquisition Officer.

Shri Nalawade, learned Assistant Government Pleader for the Government, submitted that the Addl. District Judge has committed mistake by awarding Rs. 15,750 in addition to the amount already awarded by the Land Acquisition Officer. According to him, even as per, the Judgment the Court calculated the total amount of compensation to be paid to the respondents as Rs. 15,750. This being the position, the Lower Court ought to have given credit of Rs. 1,650 which were paid by the appellants to the respondents as per the award.

After going through the said Judgment and after calculating the amount, it is clear that in the reference the Lower Court awarded amount of Rs. 15,750 as a total compensation for the property acquired and since the appellants have already paid amount of Rs. 1,650 to the respondents as per the award of the Land Acquisition Officer, the said amount will have to be deducted from amount of Rs. 15,750. The Lower Court ought to have awarded compensation of Rs. 14,100 in addition to the amount already paid, instead of Rs. 15,750 ordered by the Court.

Further Shri Nalawade submitted that the Lower Court granted interest of 9 per cent from the date of the notification u/s 126(4) of the M.R.T.P. Act read with Section 6 of the Land Acquisition Act, i.e. from 14.8.1981. According to Shri Nalawade the Court ought to have granted the interest from the date of the award and not from the date of the said notification, dated 14-8-1981. Shri Nalawade further contended that the trial Court ought to have granted interest at the rate of 6 per cent and not at the rate of 9 per cent given by the Trial Court.

1 heard both the sides and according to me, to amount subject matter of the contest is so small that it is not desirable to disturb the finding on this point given by the Trial Court. However, in the light of the abovementioned discussion, I partly allow the appeal and modify the order passed by the trial Court as under :

Special Land Acquisition Officer No. 16 at Kolhapur is hereby directed to pay additional amount of compensation of Rs. 14,100 to the respondents-original claimants other than the amount already paid. Special Land Acquisition Officer No. 16 is further directed to pay interest at the rate of 9 per cent per annum on the amount of Rs. 14,100 from 14th August, 1981 till the date of the deposit of the said amount in the Court.

Appeal partly allowed. There shall be no order as to costs.