1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1542 OF 2009 ... Digambar Rangnath Patil ..Petitioner v/s. The State of Maharashtra & ors. ..Respondents .. Mr.P.S.Dani i/b R.S.Khadapkar for the Petitioner. Mr.V.S.Gokhale AGP for State. Mr.T.J.Pandian for Respondent No.5. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED:3rd December, 2009 P.C.: Rule. Returnable forthwith. Heard finally by consent of parties. 2. The land of the Petitioner was compulsorily acquired in the Land Acquisition Act. Though the award was made, the amount of compensation was not being paid. Therefore, 2 the Petitioner filed Writ Petition No.4194 of 2005. That petition was disposed of by the Division Bench of this Court by order dated 18-6-2008. Respondent No.4 in that petition was directed to take steps to receive payment from the acquiring body and make payment to the land owner in accordance with the award as also in accordance with the provisions of the Land Acquisition Act within a period of sixteen weeks from the date of the order. Pursuant to this order, notice under Section 12(2) of the Land Acquisition Act was served on the Petitioner dated 10-10-2008 asking him to receive the amount of compensation. The grievance of the Petitioner is that though the possession of the land was taken from him long back and though according to provisions of the Land Acquisition Act he is entitled to interest on the amount of compensation from the date of possession till the date of 3 Section 12(2) notice, interest is not being offered. According to the Petitioner, possession of the land was taken in June, 2004. However, according to the Respondent No.5 possession was taken on 27-4-2007. According to the provisions of Section 34, the land owner is entitled to interest at the rate of 9% p.a. on the amount of compensation from the date of taking possession until payment of amount of compensation for the first year and at the rate of 15% p.a. for the subsequent period. 3. In this case there is a dispute between the parties as to when possession was taken. According to the Petitioner, possession was taken in the month of June, 2004. However, according to the Respondent it was taken on 27-4-2007. However, even assuming that the Respondent is correct in 4 contending that the possession was taken on 27-4-2007, then also as the payment of compensation was offered to the Petitioner on 10-10-2008, the Petitioner would be entitled to interest under Section 34 of the Land Acquisition Act from the the date on which, even according to the Respondent, possession was taken namely 27-4-2007 till the payment of compensation. In our opinion, therefore, following order would meet the ends of justice. O R D E R (i)The Special Land Acquisition Officer shall determine the amount of interest to which the Petitioner is entitled in terms of the provisions of Section 34 of the Land Acquisition Act on the assumption that the possession of the land was taken from the Petitioner on 27-4-2007 and pay 5 that amount to the Petitioner as expeditiously as possible, in any case within a period of eight weeks from today. (ii) So far as the claim of the Petitioner that possession was taken in the month of June, 2004 and therefore he is entitled to interest u/s 34 from the month of June, 2004 is concerned, in our opinion, it will be appropriate for the Petitioner to raise that dispute in appropriate forum. Liberty is granted to the Petitioner to adopt appropriate remedy for determination of that claim. (iii)Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (K.K.TATED, J.)