1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3472 OF 2009 Namdeo s/o Raghunath Khatke (Died through his L.Rs) and others ...Petitioners Versus The State of Maharashtra and others ...Respondents ..... Mr. N.P. Patil Jamalpurkar, advocate for the petitioners Mr. K.G. Patil, A.G.P. for respondents ..... CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATED: 28TH JANUARY, 2010 PER COURT:- 1 Heard. Rule. By consent, Rule made returnable forthwith. Learned A.G.P. waive notice. 2 It is the case of the petitioners that possession of the lands were taken by private negotiations on 8.6.1981. In the Award passed on 31.7.1987, it was clearly set out :- 2 " The Acquiring Body should pay rental compensation at the rate approved by the Government for the period of date of taking over possession to the date of payment of land under acquisition outside the provisions of Land Acquisition Act, 1894 and this Award." In so far as the Award is concerned, compensation towards the trees has already been paid. Therefore, there is no question of the petitioners being paid for the trees once again in terms of the Government Resolution. 3 The petitioners, it appears, against this Award have preferred Reference which came to be dismissed on 2.5.1997 whereby the amount of awarded compensation was enhanced. 4 The petitioners thereafter by communication of 12.10.1998 applied for payment of rental compensation. On 3.11.2000, pursuant to the correspondence exchanged between the Officer and the authority, it was directed that rental compensation be paid. 5 The issue regarding rental compensation and the interest thereon is covered by the Judgment of this Court in Writ Petition No. 4943 of 2008. 6 Considering the above, Respondent No.2 to decide the date of 3 taking over the possession of the land and thereafter rental compensation and the interest thereon to be payable in terms of the order passed by this Court in Writ Petition No. 4943 of 2008, within six months from the date of copy of this order being served on the Respondent No.2, after hearing the petitioners and Respondent Nos. 3, on rental compensation being determined, to pay the same within four months thereafter. 7 Rule made absolute accordingly with no order as to costs. ( S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) rlj/