SBCMA NO.681/2009– STATE OF RAJASTHAN V/S BABU : JUDGMENT DTD.5.2.2010 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL MISC. APPEAL NO.681/2009 State of Rajasthan Versus Babu PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.L.K. Purohit,for the appellant Mr.Vijay Purohit, for the respondents. DATE OF JUDGMENT : 5th February, 2010. JUDGMENT 1. The learned counsel for the parties submit that the controversy involved in the present appeal is covered by the decision of this Court in the case of State of Rajasthan V/s Oak Dan - S.B. Civil Appeal No.893/2009 and 46 connected writ petition decided on 4.2.2010. In the said judgment, this Court has observed as under: “4. This Court does not find any merit in the contentions of the learned counsel for the State that the interest could not have been awarded by the Reference Court from the date of award till the date of payment of SBCMA NO.681/2009– STATE OF RAJASTHAN V/S BABU : JUDGMENT DTD.5.2.2010 2/3 compensation to the land owners. However, in view of the computational error in the reference Court's order impugned in the present appeal, the matter is liable to be remitted back to the said reference Court for limited purpose of determination of interest part of the compensation correctly in accordance with the directions of the Land Acquisition Officer and the Reference Court itself, namely that interest of 12% simple interest has to be paid from the date of notification under Section 4 i.e. 30.9.1998 till the date of award i.e. 6.6.2001 and further interest @9% & 15% respectively from the date of award i.e. 6.6.2001 till the actual date of payment of compensation i.e. March, 2003/June, 2003 as per the said order of the Reference Court. 5. Accordingly these appeals are partly allowed and the matter is remanded back to the learned Reference Court of Civil Judge (Sr. Division), Jalore for recomputing the amount of interest at simple rate as given in the impugned order and arrive at final figure of compensation and the said order be implemented expeditiously. No orders as to costs.” SBCMA NO.681/2009– STATE OF RAJASTHAN V/S BABU : JUDGMENT DTD.5.2.2010 3/3 2. Accordingly, the present appeal is also partly allowed in terms of the aforesaid directions in the case of State of Rajasthan V/s Oak Dan and ors. (supra). (Dr.VINEET KOTHARI)J. Item No.47 Ss/-