MAIMUNE BANU HAMIDALI KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN all the these petitions, a common question of law is involved and hence, these petitions are disposed off by a common judgment.

(2.) IN Writ Petition No. 199/1998, agricultural land belonging to the petitioners admeasuring 5 Hectare and 85 Acre in Survey No. 208, 212-A of Latur, was acquired by private negotiations and the possession was taken over on 21-8-1986, whereas, the land acquisition proceedings were initiated thereafter and finally an award came to be passed on 3-5-1990 under the Act. The petitioners also submitted an application under section 18 of the Act. In the meanwhile, the petitioners approached this Court in Writ Petition No. 3003/1996, which came to be disposed off by an order dated 11-7-1996 with a direction to the respondent authorities to consider the claim of the petitioners for payment of rental compensation for the period from 21-8-1986 to 3-5-1990, within the period of four months. The petitioners have received the rental compensation amount, but without interest and the claim is now for the interest on the amount of rental compensation. In Writ Petition No. 200/1998, the petitioner is an Advocate by profession. He claims that his agricultural land admeasuring 11 acre is taken over by the Land Acquisition Officer on 15-6-1982 and the notification under section 4 (1) of the Act was issued thereafter. Finally, an award for compensation came to be passed under the Act on 25-5-1993. The petitioner, therefore, filed Writ Petition No. 2786/1994 before this Court for payment of rental compensation for the period from 15-6-1982 to 25-5-1993. The said writ petition came to be allowed by an order dated 8-7-1996 by a Division Bench of this Court by directing the Government to decide the pending application for rental compensation within a period of four months. Accordingly, the petitioner has been paid an amount of Rs. 6,50,000/- which came to be sanctioned by the respondent No. 3 by way of rental compensation in favour of the petitioner and an amount of Rs. 5,04,295/- has been paid to him in the month of March, 1997, whereas, the balance of Rs. 1,50,000/- has been withheld. He is seeking directions for payment of interest @ 12% p. a. on the amount of rental compensation paid to him for the period from 15-6-1982 to 31-3-1997. In Writ Petition No. 2674/2000, the petitioners agricultural land in Survey No. 48 of village Harangul (Bk) was acquired for the purpose of construction of Air Strip and possession of the said land admeasuring 2 Hectare and 49 R was taken over by private negotiations on 14-2-1987, whereas, the notice under section 4 (1) of the Act came to be issued on 6-7-1987 and finally, the award was passed on 31-3-1991. His reference for higher compensation is pending before the Jt. Civil Judge, Sr. Division, Latur. He submitted an application on 16-7-1996 for payment of rental compensation @ 8% on the final award. As the application was not decided, he approached this Court in Writ Petition No. 4137/1996, which came to be decided on 2-7-1999 with directions to the respondents to decide the petitioners pending application for rental compensation on its own merits. The respondents calculated the amount of rental compensation and paid him the same. However, he was not paid interest on the rental compensation granted by the reference Court and he, therefore, claims his right to recover interest on rental compensation on the basis of a communication dated 2-11-1993 issue by the Irrigation Department, Mantralaya, Mumbai, addressed to the Chief Engineer, Irrigation Department, Aurangabad, as well as a communication between the said parties dated 15-4-1994. The petitioner further states that a similar prayer was granted by this Court in Writ Petition No. 1024/1989 by an order dated 7-7-1989. In Writ Petition No. 2786/2000, the petitioners agricultural land, admeasuring 2 Hectare and 72 Are from the Survey No. 20/4 and 20/5 of village Shivani Orrala, tq. Nilanga, District, Latur, was taken possession by the respondents on 21-8-1984 by assuring to pay the rental compensation @ 8% p. a. The land acquisition proceedings were subsequently initiated and an award came to be passed under the Act on 12th April, 1991. The petitioners reference L. A. R. No. 893/1992 for higher compensation was decided by the learned Civil Judge, Sr. Division, Latur, on 18-8-1996. The petitioner, thereafter, applied for rental compensation @ 8% per year for the entire amount of compensation with 12% interest till the date of realization of the amount. The respondent authorities calculated the rental compensation on the basis of the award passed by the Land Acquisition Officer. Therefore, the petitioner made a representation on 22-2-2000 for payment of rental compensation with interest on the basis of the amount awarded by the Reference Court. This request has not been considered and hence, the petitioner has approached us and he has relied upon the orders passed by this Court in Writ Petition No. 598/1994 and Writ Petition No. 1024/1989. In Writ Petition No. 3693/2000, the petitioners agricultural land came to be acquired for the Masalga Medium Project. The possession of the said land was taken over on 22-10-1985. The land acquisition proceedings were subsequently initiated and the award was passed in November, 1991. He, thereafter, made a representation for payment of rental compensation and he was paid an amount of Rs. 22,170/- in respect of land in Survey No. 13-k, whereas, he was not paid compensation for the land in Survey No. 13 of village Tupadi. He submitted an application on 22-4-1993 for payment of rental compensation and the said is pending. The petitioner has, therefore, approached us for a directions to pay the rental compensation as well as interest thereon.

(3.) ON the background of these cases, we are required to decide the following two questions :