Vaijanath Shivling Wadkar Died Thr Lrs Laxmibai Vaijnath Wadkar and Ors. v. the State of Mah and Ors.
Case brief
What is this about?
Land acquisition compensation; parity with earlier coordinate-Bench award; Kalegaon Storage Tank Ahmedpur Dist. Latur; GMIDC acquiring body; Section 4 notification last date of publication = village public notice; tender sale versus auction sale exemplars; sale deeds 10.02.2004 and 15.04.2004 Survey No. 88; rates Rs.45/-, Rs.50/-, Rs.55/- per sq.ft.; 12% additional component s.23(1-A); solatium s.23(2); interest 9% first year 15% thereafter from date of award; full bench Kailas Shiva Rangari 2016 (3) Mh.L.J. 457; no s.34 interest absent s.17 possession; tree/well/structure enhancement refused for want of evidence; L.A. Act 1894; Bombay HC Aurangabad DB; 2026:BHC-AUG:11323-DB.
What did the court decide?
Appeals by claimants, x-objections by claimants and appeals by the acquiring body all partly allowed; Reference Court awards altered and modified: compensation for lands @ Rs.45/- per sq. ft. (Group I), Rs.50/- per sq. ft. (Group V) and Rs.55/- per sq. ft. (Groups II, III and IV); 12% p.a. additional component under Section 23(1-A) from the Section 4 notification date to the Collector's award; solatium under Section 23(2); interest @ 9% p.a. for the first year from the date of award and @ 15% p.a. thereafter till payment (per full bench in Kailas Shiva Rangari), excluding the period of delay in filing the appeals; claimants entitled to withdraw deposited balance with accrued interest; acquiring body to deposit compensation within six months; bank guarantees revoked; deficit court fee recoverable/deductible from enhanced compensation; pending civil applications disposed of.