-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET FIRST FIRST FIRST APPEAL NO.228 OF 2004, APPEAL NO.228 OF 2004, APPEAL NO.228 OF 2004, FIRST FIRST FIRST APPEAL NO.230 OF 2004, APPEAL NO.230 OF 2004, APPEAL NO.230 OF 2004, FIRST FIRST FIRST APPEAL NO.231 OF 2004, APPEAL NO.231 OF 2004, APPEAL NO.231 OF 2004, FIRST FIRST FIRST APPEAL NO.233 OF 2004, APPEAL NO.233 OF 2004, APPEAL NO.233 OF 2004, FIRST FIRST FIRST APPEAL NO.234 OF 2004, APPEAL NO.234 OF 2004, APPEAL NO.234 OF 2004, FIRST FIRST FIRST APPEAL NO.236 OF 2004, APPEAL NO.236 OF 2004, APPEAL NO.236 OF 2004, FIRST FIRST FIRST APPEAL NO.238 OF 2004, APPEAL NO.238 OF 2004, APPEAL NO.238 OF 2004, FIRST FIRST FIRST APPEAL NO.239 OF 2004, APPEAL NO.239 OF 2004, APPEAL NO.239 OF 2004, FIRST FIRST FIRST APPEAL NO.241 OF 2004, APPEAL NO.241 OF 2004, APPEAL NO.241 OF 2004, FIRST FIRST FIRST APPEAL NO.242 OF 2004, APPEAL NO.242 OF 2004, APPEAL NO.242 OF 2004, FIRST FIRST FIRST APPEAL NO.243 OF 2004, APPEAL NO.243 OF 2004, APPEAL NO.243 OF 2004, FIRST FIRST FIRST APPEAL NO.244 OF 2004, APPEAL NO.244 OF 2004, APPEAL NO.244 OF 2004, FIRST FIRST FIRST APPEAL NO.249 OF 2004, APPEAL NO.249 OF 2004, APPEAL NO.249 OF 2004, FIRST FIRST FIRST APPEAL NO.253 OF 2004, APPEAL NO.253 OF 2004, APPEAL NO.253 OF 2004, FIRST FIRST FIRST APPEAL NO.254 OF 2004 APPEAL NO.254 OF 2004 APPEAL NO.254 OF 2004 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.A.S.Khadapkar, A.G.P. for State CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: APRIL 26, 2006. APRIL 26, 2006. APRIL 26, 2006. P.C.: P.C.: P.C.: 1. Heard learned A.G.P. for State. Notice for final disposal of the Appeals at admission stage has been issued. Office noting shows that the respondents are duly served. 2. In all these Appeals, the challenge is to the common Judgment and Award dated 20th July 2000 passed by the Reference Court in a reference under Section 28-A (3) of the Land Acquisition Act, 1894. Redetermination of the compensation was -2- made by the Special Land Acquisition Officer under section 28-A of the said Act. While redetermining compensation the Special Land Acquisition Officer did not grant interest under section 28 of the said Act on the component of solatium under section 23(2) of the said Act. Therefore, a reference under section 28 A-3 was made. By the impugned Judgments and Awards these statutory benefits have been granted. 3. I have heard the learned A.G.P. for State. The only contention raised in the Appeals is that the Reference Court could not have awarded interest under section 28 on the solatium under section 23(2) of the said Act. The Apex Court in its decision in case of Sunder Vs.Union of India reported in 2001 SOL Case No.551 has already settled the issue. In view of the law laid down by the Apex Court in the said case, there is no error in the Judgments and Awards passed by the Reference Court by which statutory interest under section 28 was ordered to be paid on the component of solatium. There is no merit in the Appeals and the same are dismissed with no order as to -3- costs. Judge. Judge. Judge.