ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO. 983 OF APPEAL NO. 983 OF APPEAL NO. 983 OF 1991 1991 1991 Bhagwan Nivrutti Machale ...Appellant. Vs. The State of Maharashtra ...Respondent. Shri N.V.Walawalkar a/w. Mr.G.H.Keluskar for the Appellant. Ms.G.P.Mulekar, AGP, for the Respondent-State. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 10th April, 2008 : 10th April, 2008 : 10th April, 2008 ORAL ORAL ORAL JUDGMENT:- JUDGMENT:- JUDGMENT:- . The original claimant by this Appeal basically praying to grant the statutory entitlement as contemplated under the Land Acquisition Act (for short, "L.A.Act") in view of the amendment Act 1984, Section 68 of 1984 basically the amendment to Section 23(1-A), 30(1) (a) and (b), 23(2) and 28. Admittedly, the effect is given with a provision from 30/04/1982 to 24/09/1984. In the present matter the notification is dated 06/12/1978 under Section 4 of the L.A.Act. The Land Reference of the claimant was decided on 11/03/1983, therefore, pursuant to the aforesaid amendment, the claimant is entitled to all statutory benefits even if the award is declared after 30th April, 1982 and before the 24/09/1984. ( 2 ) 2. The Appellant-Claimant therefore, pursuant to the amendment of L.A. (amended) Act-1984, filed an application for relief under Section 151 of the Code of Civil Procedure (for short, "CPC") before Extra Joint District Judge,Pune. The same was rejected as not maintainable. 3. The Appellant, therefore, preferred this appeal. 4. This Court has admitted the Appeal. 5. The learned counsel appearing for the Respondent fairly states that the claimant is entitled for statutory benefits as contemplated under the amended provisions of the L.A.Act. 6. Even otherwise under the amended principal Section 23(1-A) (which is inserted by clause (a) of Section 15) read with transition provision, (inserted by clause (a) and (b) of Section 30(1) by the Land Acquisition (Amendment) Act-1984, if the Award of the Collector is declared after 30/04/1982, the Court shall Award an amount calculated at the rate of 12% per annum, on the market value from the date of the publication of notification under Section 4 to the ( 3 ) date of the Award of the Collector or to the date of taking possession whichever is earlier. 7. Also, by the above Land Acquisition (Amendment) Act, 1984 by its amended principal Sections 23(2) and 28 (inserted by clause (b) of Section 15 and clauses (a) and (b) of Section 18) read with transactional provision (inserted by clause (2) of Section 30), if the award (judgment) of the Court was declared between 30/04/1982 to 24/09/1984 the Court shall also Award 30% solatium on the market value and also further direct to Award interest at the rate of 9% per annum on the unpaid enhanced compensation for the first year, from the date of possession till the date of payment into the Court and thereafter interest at the rate of 15% per annum. 8. In view of the above amendments to principal Sections 23 and 28 and its corresponding deeming provisions, which have become fully effective and operative from 30/04/1982 (i.e. from the date of the Collector’s Award) and from 30/04/1982 to 24/09/1984 (i.e. from the date of award) (judgment of the Court), it has became necessary to review and revise the original order in the judgment, in the above land ( 4 ) reference with respect to enhanced compensation regarding 30% solatium, and different rates of interest for different various, as referred above. 9. By the impugned Judgment and Award, admittedly, the Court below has not granted the statutory benefits as per the averments made to enhance the compensation by order dated 11th March, 1983, the leave Application is also stands dismissed for the same. Having once granted, the enhanced compensation, the Appellant-claimant is entitled for all the benefits arising out of the amended provisions of the Land Acquisition Act including 12% Additional compensation, 30% Solatium and interest as under:- 12% 12% 12% Amount:- Amount:- Amount:- Land Acquisition Act, 1894 Section 23(1-A) (as amended by Act 68 of 1984). (a) An amount calculated at the rate of 12% per annum on the enhanced compensation be awarded from the date of Section 4 notification to date of dispossession. (b) An amount calculated at the rate of 12% per annum on the awarded amount of ( 5 ) S.L.A.O. be awarded from the date of Section 4 notification to date of dispossession. Interest: Interest: Interest:- In view of Kashiben Bhikabai & Ors. Vs. Kashiben Bhikabai & Ors. Vs. Kashiben Bhikabai & Ors. Vs. Special Special Special Land Acquisition Officer & Ors. (2002) 2 SCC Land Acquisition Officer & Ors. (2002) 2 SCC Land Acquisition Officer & Ors. (2002) 2 SCC 605 605 605 with regard to the entitlement of additional compensation of 12% under Section 23(1-A) under the Act. (a) Claimants be awarded interest on enhanced Compensation + 12% + 30% (Solatium) at the rate of 9% for one year from the date of dispossession and 15% for subsequent years till payment into Court; (b) Claimants be awarded interest on amount Awarded by S.L.A.O. + 12% + 30% (Solatium) at the rate of 9% for one year from the date of dispossession and 16% for subsequent years till payment into Court. Solatiums:- Solatiums:- Solatiums:- Kashiben Bhikabai & Ors.(Supra) Kashiben Bhikabai & Ors.(Supra) Kashiben Bhikabai & Ors.(Supra) under ( 6 ) Section 23(2) (as amended by Act 68 of 1984) under the caption of Union of India Vs. Filip Tiago De Gama of Union of India Vs. Filip Tiago De Gama of Union of India Vs. Filip Tiago De Gama of Vedem Vedem Vedem Vasco De Gama (1990) 1 SCC 277. Vasco De Gama (1990) 1 SCC 277. Vasco De Gama (1990) 1 SCC 277. (a) 30% solatium be awarded on enhanced compensation; (b) 30% solatium be awarded on the awarded amount by S.L.A.O. 10. Taking all this into account the present order is modified to the above extent. The Appellant is, therefore, entitled to all the consequential reliefs as after the modification of the amount awarded/ Judgment to that extent. The impugned judgment and Award is modified accordingly. 11. The reference Court will calculate the amount payable to the claimants within a period of eight months from the date of receipt of the writ of this Court. The excess amount, if any, payable to the claimants shall be paid by the State of Maharashtra within a period of six months from the date on which order is passed by the trial Court quantifying the amount. ( 7 ) 12. The Appeal is partly allowed. . No costs. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)