1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7746 OF 2005 1. Bhanudas S/o Hariba Badde, and others .. .. Petitioners Versus 1. The State of Maharashtra and others .. .. Respondents Shri A. V. Patil, Advocate, h/f Shri V. D. Gunale, Advocate for the Applicants. Shri R. P. Phatake, Additional Government Pleader, for the Respondent No. 1 to 2. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 12TH OCTOBER, 2009. ORAL ORDER [Per B. R. Gavai, J. ] : 1. The petition is taken up for final hearing by consent. 2. The petitioners have filed the present petition for writ of mandamus or directions for paying statutory benefits of rental compensation to the petitioners in terms of Section 34 of the Land Acquisition Act. 3. According to the petitioners the possession of the land was 2 taken on 14th April, 1999, in view of private negotiations. According to the petitioners Section 4 notification came to be published subsequently. The petitioners have received notices and award came to be passed on the basis of market price prevailing on the date of Section 4 notification. It is the contention of the petitioners that, since the possession of the land in question was taken prior to issuance of Section 4 notification, the petitioners are entitled for compensation as provided under Section 34 of the Land Acquisition Act. It is not disputed by the respondents in their affidavit in reply that the possession of the land of the petitioners was taken prior to the Section 4 notification. On the contrary, it is admitted that, the possession was taken by the Executive Engineer, Latur Medium Project Latur by private negotiations. It is the contention of the respondents that, since the possession of the land of the petitioners was taken by private negotiations, they are not entitled to compensation under Section 34 of the Land Acquisition Act. 4. The Division Bench of this Court in Writ Petition No. 2559/2008 along with companion matters vide its judgment and order dated 24th July, 2008 has taken a view that, rental compensation is payable at the rate of Rs. six and half percent or eight percent depending on the applicability of the Government Resolution. It has further been held that, if the State has not paid the rental compensation within six months as contemplated in the Government Resolution dated 24th March, 1988, interest will be payable on the said rental compensation at the rate of six percent. In 3 that view of the matter, we are inclined to allow the petition in following terms. The petitioners shall appear before the Special Land Acquisition Officer on 09th November, 2009. Since it is not in dispute that, the possession of the land was taken on 14th April, 1999, as is apparent from the award, the Land Acquisition Officer will determine the rental compensation at the rate of Rs. 8% from the said date till the amount awarded under award has been paid or deposited before the Reference Court. It is further directed that, the petitioners would also be entitled to interest at the rate of Rs. 6% on the said rental compensation from the expiry of six months as contemplated in Government Resolution dated 24th March, 1988 till the payment as contemplated in Government Resolution dated 01st December, 2007 is made. Rule is made absolute in aforesaid terms with no order as to costs. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/Oct. 09