Judgment : Naresh H Patil, J (1) Heard. (2) Rule, made returnable forthwith. By consent heard finally. (3) These petitions raise identical issue in respect of payment of rental compensation and interest under Government Resolution dated 1st December 1972 & Government Resolution dated 2nd April 1979. In the group of 22 petitions, in Writ Petition No.21 of 2010 and Writ Petition No.6190 of 2010, the petitioners contend that their applications for claiming rental compensation & benefit under Government Resolution dated 1st December 1972 and Government Resolution dated 2nd April 1979 have been kept pending by the concerned Collectorate / Special Land Acquisition Officers. The learned Additional Government Pleader, Shri. K.B. Choudhari, on instructions of responsible officers, submits that possession of the subject land was taken after issuance of Section 4(1) notification under the Land Acquisition Act 1894, therefore, the petitioners are not entitled for claiming rental compensation in accordance with the scheme framed by the State Government as reflected in Government Resolution dated 1st December 1972 & Government Resolution dated 2nd April 1979. (4) In respect of Writ Petition Nos.2711 of 2010, 2714 of 2010, 2779 of 2010, 2780 of 2010, 2793 of 2010, 2824 of 2010, 2825 of 2010, 2826 of 2010, 2854 of 2010, 2856 of 2010 and 3134 of 2010, according to the learned Additional Government Pleader, date of possession of the subject land and the date of notification under section 4(1) of the Land Acquisition Act, 1894 is the same i.e. 15th May 1995. Therefore, the petitioners are not entitled for rental compensation. (5) In respect of Writ Petitions Nos.2499 of 2010, 2529 of 2010, 2642 of 2010, 2643 of 2010, 2823 of 2010, 2853 of 2010, 2965 of 2010, 3133 of 2010 and Writ Petition No.3278 of 2010, the learned counsel for the contesting parties submit that the date of possession of the subject land is earlier to the date of issuance of notification under Section 4(1) of the Land Acquisition Act 1894. (6) While rejecting the claim of the petitioners in some of the petitions it has been observed by the Collector Beed that the claimants, who have not received benefit under section 34 of the Land Acquisition Act 1894, would be entitled to receive rental compensation on the awarded amount at the rate of 8% from the date of taking over the possession till payment of compensation. In the order the Collector has made a reference to the Government Resolution dated 26th December 2003. It is observed by the Collector that in view of provisions of Section 23(2) of the Land Acquisition Act,1894 the State Government has not issued any instructions for awarding interest on the amount of rental compensation. (7) During the course of hearing of these petitions, learned counsel appearing for the respective parties submitted that in various matters filed in this Court it is noticed that the authorities are passing orders in respect of payment of rental compensation in different manner by interpreting the judgments of the Apex Court and the High Court. In other words, the learned counsel submit that, a state of confusion is prevailing with the respondent-authorities while they address the issues in respect of claim made by the respective claimants for payment of rental compensation and interest accrued thereon. The counsel prayed that clear directions are required to be issued by this Court for better understanding of the officers of the State Government which would reduce unnecessary litigation, save public money and the claimants would be timely benefited in respect of payment of rental compensation under the Government Resolution. (8) We have experienced that in various petitions filed before this Court the Collectors / Special Land Acquisition Officers have passed orders in respect of payment of rental compensation and interest thereon by interpreting orders passed by the High Court and the Apex Court and the Government Resolutions in the manner which does not convey correct position in law due to which there is noticeable increase in litigation wherein land owners had to resort to various proceedings for getting rental compensation settled even after so many years of the passing of the award, in respect of subject lands by the Special Land Acquisition Officers or the Court. (9) We have perused the judgments in (1) R.L. Jain v. DDA, AIR 2004 SC 1904 , (2) DinkarSandipan Gholve v. The State of Maharashtra – Writ Petition No.2559 of 2008 delivered on 24th July 2008; (3) BhagwatNathu Patil v. State of Maharashtra, 2009(3) Mh.L.J. 413 ; and, (4) State of Maharashtra v. Maimuma Banu AIR 2003 SC 3698 , apart from other cases brought to our notice. (10) In the case of Bhagwat Nathu Patil (supra) the Division Bench of this Court reached conclusions which were enumerated in para 17 of the judgment as under :- “17. Conclusions: (1) Rental compensation is payable on the awarded value at the rate of 6 and 1/2% from 1-12-1972 and at the rate of 8% from 2-4-1979 till the full amount of final award is paid to the land owner. Awarded value would include all amounts determined under section 23, except section 23(1-A) and section 23(2). (2) If in reference or in proceedings under section 28 (1-A) or in appeal, the awarded amount is increased, the rental compensation will have to be redetermined in terms of the market value as re-determined. (3) The interest payable on the rental compensation, not paid, would be at the rate of 6% for the period in default. This amount would be, however, payable only from 1-4-2000. (4) Considering the observations in R.L. Jain (D), the rental compensation will be decided by the Special Land Acquisition Officer. While deciding rental compensation, the Special Land Acquisition Officer, Collector, would hear the interested persons, i.e. landowners or other parties have interest as also the acquiring body. While doing so, if the date of taking possession of the land is not set out in the award, the Special Land Acquisition Officer to decide the same. (5) The rental compensation along with interest would be paid by the State or the acquiring body as the case may be, within four months of the Special land Acquisition Officer determining the rental compensation and amount of interest.” (11) The Division Bench of the Bombay High Court at Aurangabad very recently delivered judgment in a group of writ petitions bearing Writ Petition No.3498 of 2012 and other writ petitions on 18th April 2012 (Coram: A.S. Oka and Sunil P Deshmukh, JJ.). After considering the judgment of the Apex Court reported in R.L. Jain; Dinkar Gholve and Maimuma (cited supra) the Division Bench issued certain directions in paragraph 15 of the judgment which read as follows : “(A) The State Government shall forthwith direct the concerned officers to examine the cases of the petitioners in the light of the Government Resolution dated 1st December, 1972, as modified by Government Resolution dated 2nd April, 1979 and after considering the law laid down by the Apex Court and this Court, to release the rental compensation to the land owners/petitioners, provided their cases are governed by the said Government Resolutions. (B) This exercise shall be completed within a period of four months from today. (C) These directions will apply to the present petitioners. (D) The State Government shall circulate copies of this judgment and order to all the Divisional Commissioners/Additional Commissioners, as well as to the Collectors and to the Revenue Officers acting as the Land Acquisition Officers. (E) The concerned officers of the State will have to examine all pending cases where applications have been made by the concerned land owners for grant of rental compensation. They shall ensure that the said applications are disposed of as expeditiously as possible in accordance with law and in the light of the aforesaid Government Resolutions, as well as decisions of the Apex Court and this Court. Such steps shall be taken to ensure that the State is not required to pay interest on the overdue rental compensation. (F) The State Government may also consider of issuing directions to all the concerned officers to examine the cases where the land owners are entitled to compensation but the same has not been paid to them as no applications have been made by them. This will ensure that the rental compensation is promptly paid to the concerned land owners. (G) The State Government may issue such directions so as to avoid burden on exchequer by way of payment of interest on overdue rental compensation. (H) The directions issued under this judgment are confined only to payment of rental compensation covered by the aforesaid Government Resolutions. (I) It is made clear that we have not adjudicated on the question whether the petitioners in the present petition are entitled to rental compensation, as well as interest thereon. (H) The directions issued under this judgment are confined only to payment of rental compensation covered by the aforesaid Government Resolutions. (I) It is made clear that we have not adjudicated on the question whether the petitioners in the present petition are entitled to rental compensation, as well as interest thereon. As far as interest payable on rental compensation is concerned, it is for the petitioner to take out appropriate proceedings.” (12) The learned counsel for the petitioners submit that it is necessary that specific directions are issued on issues which frequently arise in respect of payment of rental compensation so that the State authorities get a more clear idea to deal with specific issues while they are called upon to decide issues relating to payment of rental compensation and interest. (13) The learned counsel for the parties submit that in various matters it is noticed that the date of taking over of possession of the subject land prior to issuance of notification under section 4(1) of the Land Acquisition Act 1894 is not ascertainable, some times the date of possession is not mentioned in the award and some times if mentioned then dispute is raised as to which of the date is to be relied upon for ascertaining the date of taking over possession prior to issuance of notification for the purpose of grant of benefit under the Government Resolutions. It is submitted that rental compensation is to be calculated as per the prescribed rate i.e. 8% under Government Resolution dated 1st December 1972 as amended by Government Resolution dated 2nd April 1979 from the date of taking over possession till payment is made. (14) In some cases it is noticed that the rental compensation is linked to the interest awarded under section 34 of the Land Acquisition Act. In respect of definition of "land" there is some confusion. In some cases, it is argued, that, the land as referred to under the Government Resolution dated 1st December 1972 as amended by Government Resolution dated 2nd April 1979 is "agricultural land" and not "Non Agricultural land". Meaning thereby that the claimants owning "Non Agricultural Lands" are not entitled for rental compensation. In some cases, it is argued, that, the land as referred to under the Government Resolution dated 1st December 1972 as amended by Government Resolution dated 2nd April 1979 is "agricultural land" and not "Non Agricultural land". Meaning thereby that the claimants owning "Non Agricultural Lands" are not entitled for rental compensation. (15) The learned counsel appearing for the parties also stressed need that, the State Government directs the Divisional Commissioners and the Collectors in the State to hold workshop of the Special Land Acquisition Officers and other responsible officers connected with the acquiring bodies to explain to the officers the basic issues concerning decision making process in respect of claim of rental compensation. This is essential as in number of mattes it is noticed that unnecessary litigation is growing due to lack of proper focus on methodology of calculating rental compensation and lack of any specific directions from the State Government in this regard. (16) We have considered the submissions, perused the judgments placed before us. We are convinced with the submissions and apprehensions raised by the learned counsel appearing for the parties as this Court has also noticed in various matters that orders in respect of payment of rental compensation under the Government Resolutions are passed by the authorities concerned wrongly interpreting the orders passed by the Court & the Government policy reflected under the Government Resolutions. We need not dilate much on the basic issues in respect of the right of the claimant under the Government Resolutions to claim rental compensation & the rights under the Land Acquisition Act 1894 in respect of claim raised towards compensation and interest as these issues are settled by way of authoritative pronouncements of the Apex Court and the Bombay High Court. We are in agreement with the directions issued by the Division Bench in the batch of Writ Petitions being Writ Petition No.3498 of 2012 dated 18-4-2012 (cited supra). In the light of the submissions advanced and the request made by the learned counsel appearing for the parties we may issue further specific directions to the State Government, authorities, officers in this regard. These directions shall be taken into consideration while the State authorities, officers consider the issue in respect of payment of rental compensation under the Government Resolutions. In the light of the submissions advanced and the request made by the learned counsel appearing for the parties we may issue further specific directions to the State Government, authorities, officers in this regard. These directions shall be taken into consideration while the State authorities, officers consider the issue in respect of payment of rental compensation under the Government Resolutions. (17) In respect of Writ Petition Nos.21 of 2010 & 6190 of 2010 we direct the Special Land Acquisition Officer to pass appropriate orders within three months from today on the applications filed by the petitioners for claiming rental compensation and communicate the decision. (18) In respect of Writ Petition Nos.2711 of 2010, 2714 of 2010, 2779 of 2010, 2780 of 2010, 2793 of 2010, 2824 of 2010, 2825 of 2010, 2826 of 2010, 2854 of 2010, 2856 of 2010 and 3134 of 2010 we are of the view that the date of taking possession and the date of issuance of notification under section 4(1) of the Land Acquisition Act 1894 being the same i.e. 15th May 1995 the petitioners are not entitled to the benefit of the rental compensation under the Government Resolutions. On that ground these writ petitions are dismissed. (19) The cases of the petitioners in Writ Petitions Nos.2499 of 2010, 2529 of 2010, 2642 of 2010, 2643 of 2010, 2823 of 2010, 2853 of 2010, 2965 of 2010, 3133 of 2010 and 3278 of 2010 are remanded back to the Collector/Special Land Acquisition Officer. The Collector/ Special Land Acquisition Officer shall pass fresh orders after considering the record, after hearing the parties concerned and strictly in accordance with the directions issued by this Court within three months from today. DIRECTION (A) The Special Land Acquisition Officer, while dealing with issue of payment of rental compensation shall first ascertain date of possession of the subject land from the Award or in absence of date mentioned in the Award, from the official record maintained by the Special Land Acquisition Officer. (B) The rental compensation is to be paid in case possession of the subject land is taken over by the State authorities under the Government Resolutions by private negotiation calculated at the prescribed rate on the amount awarded by the Special Land Acquisition Officer till the payment of the said amount. (B) The rental compensation is to be paid in case possession of the subject land is taken over by the State authorities under the Government Resolutions by private negotiation calculated at the prescribed rate on the amount awarded by the Special Land Acquisition Officer till the payment of the said amount. (C) The interest awarded under Section 34 of the Land Acquisition Act 1894 cannot be awarded to claimant whose land is taken over in possession by the State authorities by private negotiations prior to issuance of Section 4(1) Notification under the Land Acquisition Act. The provisions of Section 34 of the Land Acquisition Act, 1894 shall be made applicable to the subject acquisition from the date of issuance of Section 4(1) notification under the Land Acquisition Act, 1894, onwards. (D) The claimants are entitled for rental compensation under the afore-mentioned Government Resolutions for agricultural as well as Non-agricultural lands. (E) We direct the State Government to issue appropriate directions to all the Divisional Commissioners, Collectors and Special Land Acquisition Officers to deal with the issue of payment of rental compensation in accordance with the directions issued aforesaid and the directions issued now by this Court. (F) The rental compensation could be re-determined in case awarded amount by the Special Land Acquisition Officer is settled under the award passed by the Reference Court or the higher courts. (G) The Principal Secretaries of the Revenue & Forests Department, Irrigation Department and the Public Works Department of the Government of Maharashtra are directed to issue appropriate, necessary instructions / directions in terms of this judgment. Rule made partly absolute in the above terms. No order as to costs. Authenticated copy of the judgment be given to the learned Additional Government Pleader.