-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.2142 OF 2007 FIRST APPEAL NO.2142 OF 2007 FIRST APPEAL NO.2142 OF 2007 ALONG WITH ALONG WITH ALONG WITH CIVIL APPLICATION NO.2440 OF 2008 CIVIL APPLICATION NO.2440 OF 2008 CIVIL APPLICATION NO.2440 OF 2008 The State of Maharashtra, .. Appellant. Vs Shrikant Govind Kulkarni & ors .. Respondents Ms S.P.Manchekar, AGP for the appellant. Mr M.S.Topkar, for respondent nos 1 to 3. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATE : 25/09/2008 DATE : 25/09/2008 DATE : 25/09/2008 PC: PC: PC: 1. We have heard Mrs Manchekar, the learned AGP and Mr Topkar appears for the respondents, who are the original claimants in Land Reference No.24 of 2003. This appeal is directed against the Award passed by the learned Ad-hoc District Judge-I at Kolhapur on 16.2.2007 in the said land reference. 2. It is evident from the records that originally the land owners filed an application under Section 18 of the Land Acquisition Act, 1894 and claimed the enhanced compensation and after Issues were framed at Exhibit-9 the claimants filed an affidavit and gave up the claim for the enhanced compensation and restricted their claim only to the extent of interest payable under section 34 of the said Act. There is no dispute that the compensation amount, as awarded by the SLAO and computed at -2- Rs.14,29,311/-, was paid to the claimants on 21.6.2003 whereas the claimants had surrendered the subject land voluntarily on 24.5.1996 in favour of the Government. A notice under section 12 (2) of the Act was served on the claimants on 21.6.2003 for payment of compensation and it was paid on the same day. The Reference Court, therefore, held that for the period from 24.5.1996 to 23.5.1997 interest was payable at 9% per annum on the amount of Rs.14,29,311/- and for the further period from 24.5.1997 till the actual date of payment,i.e. 21.6.2003, the interest was payable at the rate of 15% per annum. This finding by the Reference Court is in keeping with the scheme of section 34 of the Act and the said section does not state that if the agriculturists surrender their land voluntarily to the Government, they cannot clam interest under section 34 of the Act. 3. Hence, we do not find any reason to entertain this appeal and it must fail at the threshold. The Appeal is hereby dismissed in limine. 4. Civil Application does not survive and the same stands disposed off. -3- (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)