IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.989 OF 2008 Rambhau Narayan Daragode & Ors. )..Appellants Versus State of Maharashtra )..Respondent ---- Mr.P.N.Joshi for the appellants. Ms.Shilpa Gajare AGP for the Respondent/State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 9.6.2008. PC 1. This First Appeal is pressed only on the limited question of grant of interest under Section 28 in respect of the excess land value. It is contended that interest under Section 28 ought not to have been granted on the excess land value but ought to have been granted on the differential amount inclusive of land value, solatium and amount contemplated by section 23A. Reliance is placed upon the Full Bench judgment of the Supreme Court in the case of Sunder V/s. Union of India Sunder V/s. Union of India Sunder V/s. Union of India reported in 2001 (4) Mh.L.J. 859. 2. While granting interest under Section 20A the reference Court relied upon the judgment of the Apex Court in the case of Premnath Kapoor V/s. National Premnath Kapoor V/s. National Premnath Kapoor V/s. National Fertilizers Corporation of India Fertilizers Corporation of India Fertilizers Corporation of India reported in 1996 : 2 : (2) SCC 1971. In a later full bench judgment of the Apex Court in the case of Sunder (supra) the Constitution Bench observed that the case as to whether solatium is a part of the compensation did not positively arise in the case of Premnath Kapoor (supra). The Apex Court found as under :- "Once it is held as it inevitably must be that the solatium provided for under section 23(2) of the Act forms an integral and statutory part of the compensation awarded to a landowner, then from the plain terms of section 28 of the Act, it would be evident that the interest is payable on the compensation awarded and not merely on the market value of the land." 3. The learned AGP submits to the order of the Court since the contention is based upon the Constitutional Bench of the Supreme Court. In this view of the matter, the appeal will have to be partly allowed and in supersession of the impugned judgment and order dated 30.5.2001 it is directed that the opponent/Government shall pay to the claimants Rs.8,37,373/- towards enhanced compensation. The opponent/Government will also pay to the claimants interest @ 9% on the amount of : 3 : enhanced land value, solatium and the amount awardable under Section 23(1)(A) from 30.5.1989 to 29.5.1990 and further interest @ 15% p.a. from 30.5.1989 till the realisation of the entire amount. There shall be no order as to costs. The claimants to pay defecit court fee stamp on the amount of compensation if not paid already. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)