Judgment:
Oral Judgment:
1] This is an appeal arising out of the judgment and award dated 14.11.1994 passed by the Joint Civil Judge, Senior Division, Buldhana in L.A.C. No.51/1990. The agricultural land of Gat No.20, admeasuring 2 Hectares 63 R along with constructed well, 2 zizibus trees, one mango tree, one pomegranate tree and 8 nim brees belonging to appellant and situated in village Mahimal, tahsil Chikhli, district Buldhana were acquired for constructing percolation dam at village Mahimal. The Land Acquisition Officer awarded compensation of Rs.24,934/@ Rs.11,000/per hectare and further awarded Rs.10,990/towards well. Aggrieved by this the reference was sought by the appellant. However, it was dismissed on the ground that no case for enhancement was made out.
2] In the connected matter i.e. First Appeal No.120/1995 decided on 22.7.2011 and arising out of L.A.C.No.49/1990 this court allowed the appeal and enhanced the amount of compensation @ Rs.21400/per hectare with all statutory benefits. In that view of the matter, the learned counsel for the appellant states that similar enhancement may be awarded in this appeal. In order to have consistency, similar relief will have to be granted to the appellant by allowing the appeal partly.
ORDER
1] First Appeal No.116/1995 is partly allowed with proportionate costs.
2] The impugned judgment and award dated 14.11.1994 in L.A.C. No.51/1990 is set aside.
3] The appellant is granted compensation @ Rs.21400/per hectare. The appellant is also awarded 10% rise per year on the said rate of compensation i.e. 21,400/+ 2,140/2140/ = 25,680/per hectare and considering the area of 2 H.63 R the amount of enhancement would come to Rs.67,538/.
4] The appellant is awarded amount as per section 23(1A) of the Land Acquisition Act 1894 at the rate of 12% per annum from the date of publication of section 4 notification till the date of award or till the date of actual possession whichever falls first of the aforesaid amount of compensation of Rs.67,538/.
5] Appellant is granted solatium at the rate of 30% in accordance with the provisions of Section 23(2) of Land Acquisition Act on compensation of Rs.67,538/.
6] Appellant is granted at 9% per annum from the first year and at the rate of 15% per annum thereafter in accordance with the provisions of Section 28 of the Land Acquisition Act from the date of taking possession of the land on the compensation of Rs.67,538/.
7] The amount already paid to the appellant, shall be adjusted from the above mentioned amount.
8] Award be drawn up accordingly.