It was followed by a numberification under Section 6 of the Principal Act on 28.07.1983.
on the market value for the period companymencing from the date of publication of the award and interest at 9 p.a.
The present appeals are filed by the landowners before this Court, challenging the dismissal of their application under Order 41, Rule 33 of the CPC by the High Court.
from the date of possession.
Landowners, being aggrieved, filed a Reference application under Section 18 of Act on 5.04.1984, for enhancement of companypensation.
The amendment was made applicable to every pending proceeding for acquisition of any land under the Principal Act and which were pending on 30.04.1982.
The Land Acquisition Collector passed his award on 1.03.1984, awarding Rs.3600/ per acre for the acquired lands.
The landowners did number file any appeal or cross objections against the judgment of the Reference Court, but filed applications under Order 41, Rule 33 of the Civil Procedure Code for short CPC claiming additional companypensation at the rate of 12 p.a.
On 25.04.1985, the Additional District Judge, Akola, in the Reference Proceeding enhanced the companypensation to Rs.13,000/ per acre, with solatium at the rate of 30 as per the amendment and interest at the rate of 9 p.a.
The High Court, by judgment and order dated 9.02.1999, dismissed the appeals of the State of Maharashtra as well as the applications filed by the landowners under Order 41, Rule 33 of CPC.
on enhanced companypensation from the date of taking possession for a period of one year and at the rate of 15 for the further period, in view of the amendment to the Principal Act.
The State of Maharashtra challenged the award of the Reference Court in the High Court of Bombay Nagpur Bench , Nagpur.
GANGULY, J. The relevant facts companymon in these appeals are that a preliminary numberification dated 5.03.1983 was issued under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as, the Principal Act in respect of the land at Ghonga Tank in village Ghonga, Taluk Barshitakli, Akola, Nagpur.
