1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.406 OF 2003 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Advocate Shri A.S. Golegaonkar, Advocate for the applicant and Shri D.V.Tele, A.G.P. for Respondent Nos. 1 and 2. 2. The dispute is regarding direction given by the learned Civil Judge, Senior Division, Nanded, below Exhibits 16 and 17 in R.D. No.198 of 1996, for refund of amount of Rs.16,131/= to the respondent-Judgment Debtor. 2. The issue that was for consideration of the learned judge and which he has answered in the affirmative was, whether the decree holder had wrongly calculated the 2 decretal amount by charging interest under Sections 28 and 34 of the Land Acquisition Act on the entire amount of compensation. 3. The learned Judge by the impugned order held that interest was wrongly calculated and, therefore, he directed refund of amount of Rs.16,131/- to the present Respondent. He, however, also directed the Assistant Superintendent of his court to pay the amount of Rs. 85,440/= to the decree holders as per their respective shares. 4. Learned counsel for the applicant has taken me through the judgment of the learned trial judge and more particularly paragraphs 9 onwards. In paragraph 11, it has been pointed out that as per the judgment of the Supreme Court, Section 28 of the Land Acquisition Act gives powers to the Court to award interest when court enhances compensation in excess of the award of the Collector at the rate specified therein, namely, 6 per cent 3 per annum preceding to the Amendment Act 68 of 1984 and after amendment Act coming into force, the claimant is entitled to interest at 9 per cent for one year from the date of taking possession and thereafter at the rate of 15 per cent per annum till the date of the deposit of amount in the court. 5. Considering the facts and circumstances and the settled law on the point, in my opinion, learned Judge did not commit any error in directing refund of the amount of Rs.16,131/= to the present respondent. 6. In view of above, civil revision application is disposed of. Date:06/10/2009 (P.R.BORKAR, J.) pnd/cra406.03