1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4773 OF 2009 1) Vitthal s/o Ambadas Nande, Age­65 years, Occu:Agri., 2) Anant s/o Rama Nande, Age­60 years, Occu:Agri., 3) Arun s/o Prabhu Paul, Age­54 years, Occu:Agri., 4) Fulchand s/o Prabhu Paul, Age­70 years, Occu:Agri., 5) Sopan s/o Maruti Nande, Age­75 years, Occu:Agri., 6) Uttam s/o Vitthal Bhakre, Age­65 years, Occu:Agri., 7) Yasin s/o Hanif Mujavar, Age­20 years, Occu:Agri., 8) Jaherabi Yasin Mujavar, Age­65 years, Occu:Agri., 9) Ahmed Yasin Mujavar, Age­35 years, Occu:Agri., 10) Rajendra s/o Maruti Dhone, Age­35 years, Occu:Agri., 11) Dilip s/o Ramchandra Pawar, Age­38 years, Occu:Agri., 12) Ashok s/o Bhimrao Kapse, Age­53 years, Occu:Agri., 13) Rangnath s/o Pralhad Nande, Age­75 years, Occu:Agri., 2 14) Ankush s/o Rangnath Nande, Age­45 years, Occu:Agri., 15) Santosh s/o Rangnath Nande, Age­30 years, Occu:Agri., 16) Dnyanoba s/o Bapu Chaugule, Age­70 years, Occu:Agri., 17) Rama Krishna Nande (Died) Through L.R's 1) Anant s/o Rama Nande, Age­70 years, Occu:Agri, 2) Shivaji s/o Rama Nande, Age­60 years, Occu:Agri., 3) Shankar s/o Rama Nande, Age­55 years, Occu:Agri., 18) Sopan Maruti Nande, Age­75 years, Occu:Agri., 19) Uttam s/o Vitthal Bhakre, Age­60 years, Occu:Agri, 20) Khodabai w/o Bapurao Nande (Died) Through L.R. 1) Bhamabai Rangnath Nande Age­60 years, Occu:Agri., All R/o­ Alni, Tq­Osmanabad, Dist­Osmanabad. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through Revenue and Forest Department, Mantralaya, Mumbai. 2) The Collector, Collector Office, Osmanabad, Dist­Osmanabad, 3 3) The Special Land Acquisition Officer, Krushna Khore Project, Osmanabad, 4) The Executive Engineer, Irrigation Department, Omarga, Dist­Osmanabad. ...RESPONDENTS. ... Shri.A.B. Kale Advocate for Petitioners. Smt.R.K. Laddha, A.G.P. for Respondent Nos. 1 to 3. Shri Tatyasaheb B. Bhosale Advocate for Respondent No.4. ... CORAM: NARESH H. PATIL AND K.U. CHANDWAL, JJ. DATE : 24TH NOVEMBER, 2009. ORAL JUDGMENT (PER NARESH H. PATIL, J.) : 1. Rule. Rule made returnable forthwith. 2. The Petitioners filed applications for claiming rental compensation under the Government policy reflected in the Government Resolution. According to the Petitioners, the possession of their lands was taken on 1st March, 2001. The notification under Section 4 of the Land Acquisition Act was finally published in the Government Gazette on 16th January, 4 2002. The award was passed on 10th August, 2005. The Petitioners submit that the Reference Proceedings filed under Section 18 of the Land Acquisition Act are pending before the Civil Court. 3. As the Petitioners' applications for rental compensation are not decided, the Petitioners had to approach this Court. 4. The learned counsel for Respondent No.4 submits that the Petitioners can claim benefit of rental compensation under the Reference proceedings filed under Section 18 of the Land Acquisition Act. This argument of the learned counsel is misconceived in law as rental compensation cannot be granted in the proceedings of land acquisition reference filed under Section 18 of the Land Acquisition Act. The rental compensation is settled and awarded under the Government Resolution issued by the Government of Maharashtra. 5. The only issue is, if the Petitioners statement of facts is correct according to the record, the same 5 has to be verified by the competent officer and pass appropriate orders on the applications and in case it is found that the Petitioners are entitled to be paid rental compensation, the same shall be paid to them in accordance with the Government Resolution and the law settled as of now. 6. We therefore direct the Respondent Nos. 2, 3 and 4 to pass appropriate orders on the applications filed by the Petitioners claiming rental compensation strictly in accordance with law, within three months from today. 7. Rule is made absolute on the terms indicated above. . Needless to mention that there is no expression of opinion by this Court on the merits of the claims of the Petitioners. [K.U. CHANDIWAL, J.] [NARESH H. PATIL,J.] asb/NOV09/wp4773.09