1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5300 OF 2010 Sahebrao S/o Raghunath Surase .. PETITIONER VERSUS The State of Maharashtra and others .. RESPONDENTS .... Shri D.R.Jaybhar, Advocate for the petitioners. Shri N.B.Patil,AGP for the respondents State Shri Tandale,Adv.for Respondent no.4 .... CORAM : B.R.GAVAI & A.A.SAYED,JJ. DATE : 20 th OCTOBER, 2010. PER COURT 1] Rule. Rule made returnable forthwith. By consent, Petition is heard finally. 2] By way of present petition, the petitioner prays for a 2 direction to the respondent no.4 to pay the rental compensation to the petitioner as per the decision dated 15/10/2009. 3] The possession of the land of the petitioner was taken in the year 2005 for construction of tank. On 8/4/2009 an award came to be passed. 4] The petitioner thereafter, made an application for rental compensation on 17/6/2009. Since the said compensation was not paid, the petitioner filed Writ Petition No.4399/09. This Court disposed of the said Petition on 17/7/2009 directing respondents to decide the same within a stipulated period. Vide order dated 15/10/2009, the claim was decided and the acquiring body was directed to pay rental compensation in accordance with Government Resolution dated 1/12/1972. Since the said rental compensation was not paid by respondent no.4, petitioner has approached this 3 Court. 5] Shri Tandale, learned counsel for respondent no.4 submits that in view of G.R. dated 26/12/2003, the petitioner is not entitled for rental compensation. 6] The Division Bench of this Court in the bunch of Writ Petitions in Writ Petition No.2559/08 alongwith companion matters, vide judgment and order dated 24/7/2008 has observed thus : “14] Having answered the issue in our opinion, it would be appropriate that the petitioners are relegated to appear before the Special Land Acquisition Officer who will consider the following aspects : [i] Date of actual taking over possession. [ii] Date of publication of Notification under Section 4(i) 4 (whichever is first) gazette, newspaper or publication in the locality. The Special Land Acquisition Officer will then work out the rental compensation at 8 per cent from the date of taking possession till the amount awarded under the Award has been paid or in the case of dispute till the amount is deposited before the reference Court. Interest will be payable on the said rental compensation at the rate of 6% from the expiry of six months as contemplated in Government G.R. dated 24 th March, 1988 till payment as contemplated by Government G.R. dated 1 st December 1972.” 7] It is to be noted that in the said case also, the possession of the land was taken on 19/7/2005. In that view of the matter, the contention of the respondent that if the possession of the land is taken after 26/12/2003, the rental compensation is not required to be paid, is without substance. 8] Moreover, the Land Acquisition Officer vide his order 5 dated 15/10/2009, has also stated that the petitioner is entitled for the rental compensation. We therefore, direct the respondent no.4 to pay rental compensation to the petitioner in accordance with law laid down by this Court in its judgment dated 24/7/2008 in Writ Petition No.2559/08 alongwith companion matters. Rule made absolute in above terms with no order as to costs. 9] While parting with the judgment, we must appreciate the promptitude with which the learned counsel for respondent no.4 has acted in the matter. (A.A.SAYED) (B.R.GAVAI) JUDGE JUDGE umg/wp5300-10