2012 AIR CC 2150 (BOM) ::2012 (4) AIR Bom R 402 ::AIR 2012 (NOC) (SUPP) 937 (BOM.) (AURANGABAD BENCH)

Bombay High Court ( Aurangabad Bench )

Hon'ble Judge(s): Naresh H. Patil, S. B. Deshmukh , JJ

(A) Land Acquisition Act (1 of 1894) S. 4 , 16, 23 — Government Resolution dated 1-12-1972 and 2-4-1979 — Rental compensation — When possession of land was taken before S 4 notification — In terms of G R dated 1-12-1972 and 2-4-1979 claimants are entitled to rental compensation for agricultural as well as non-agricultural lands (Para 19)

(B) Land Acquisition Act (1 of 1894) S. 4 , 16, 23 — Government Resolution dated 1-12-1972 and 2-4-1979 — Rental compensation — When possession of land was taken before S 4 notification — Owners not entitled to rental compensation when date of taking possession and date of S 4 notification is the same (Para 18)

(C) Land Acquisition Act (1 of 1894) S. 4 , 16, 23 — Government Resolution dated 1-12-1972 and 2-4-1979 — Rental compensation — When possession of land was taken before S 4 notification — Directions issued to State Government, concerned authorities and officers which are to be taken into consideration, while determining rental compensation {" In various matters the orders in respect of payment of rental compensation under the Government Resolutions are passed by the authorities concerned by wrongly interpreting the orders passed by the Court and the Government policy reflected under the Government Resolution. Hence following specific directions are issued which are to be taken into consideration by Government authorities and officers before determining rental compensation. "}