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State Of Maharashtra vs Maharau Srawan Hatkar on 21 February, 1995

12. In the result, these First Appeals are partly allowed. Judgment and award passed by the Reference Court is modified to the extent that claimants are entitled to the amount of compensation qua lands acquired at the rate awarded by the reference Court, but the amount awarded qua super-structure by the reference Court is reduced to 50% Award be modified and drawn accordingly. Each of the claimants shall be entitled to 30% solatium on the additional amount of compensation awarded as per Sec. 23(2) of the Act and 12% increase p.a. from the date of publication of notification under Sec. 4 of the Act till the date of award under Sec. 23(1-A) of the Act. Claimants are also entitled to interest on the additional amount at the rate of 9% p.a. for the first year and 15% p.a. for the remaining years from the date of taking over possession till the realisation of the amount. It is, however, clarified that the amount payable under Sec. 23(1-A) shall not carry solatium and no interest shall be payable on the amount of solatiuim as per the decision of the Supreme Court in the case of State of Maharashtra v/s Maharau Srawan Hatkar, reported in JT 1995(2) SC 583. The appellant i deposit the amount of compensation within four months from the date of receipt of writ of this order. No order as to costs. Office is directed to draw decree in terms of this judgment.
Supreme Court of India Cites 6 - Cited by 48 - K Ramaswamy - Full Document
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