1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE First Appeal No.818 of 1995 Vithal Valku Mungaji since deceased by his LRs. Haribhau Vithal Mungaji & ors. Applicants Vs. The Special Land Acquisition Officer, Panvel-Raigad Respondent Mr.Sachin Punde for appellants. Mr.A.R.Patil, AGP for State. CORAM: B.H.MARLAPALLE & D.G.KARNIK,JJ. February 27, 2009. P.C. 1. This appeal arises from the award passed by the Reference Court in LAR No.105 of 1987 on 28/4/1989. The State Government had acquired the appellants claimants’ land to the extent of 6140 sq.mtrs. and the Reference Court fixed the market rate at Rs.5/- per sq.mtr. The appellants are not satisfied with the said market value and hence this appeal. 2 2. The appeal was directed to be clubbed and heard with First Appeal No.505 of 1990 as well as First Appeal No.462 of 1990. By the common judgment dated 18/7/2001 First Appeal No.462 of 1990 and First Appeal No.505 of 1990 which came to be decided, the market rate was increased and fixed at Rs.10/- per sq.mtr. by the said judgment. This Court also stated that the claimants would be at liberty to apply for additional benefits in case the larger Bench of the Apex Court would upset the decision in the case of Prem Nath Kapur v. National Fertilizers Corpn. of India Ltd. [(1996) [(1996) [(1996) 2 SCC 71] 2 SCC 71] 2 SCC 71]. 3. The Larger Bench in the case of Sunder Vs. Union of India [(2001) 7 SCC 211] [(2001) 7 SCC 211] [(2001) 7 SCC 211] has held that interest under Section 28 or 34 of the Land Acquisition Act, 1894, as the case may be, is payable on the additional amount awarded under Section 23(1-A) and 23(2) of the said Act and, therefore, the appellants would be entitled to apply for the additional benefits on the basis of the law laid down in Sunder’s case (Supra). 4. Hence this appeal is allowed partly in terms of the common judgment dated 18/7/2001 in First Appeal 3 Nos.462 and 505 of 1990 along with connected appeals. In addition, the claimants are directed to be paid the interest on the additional amount payable under Section 23(1-A) as well as under Section 23(2) of the Act. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)