ORDER :

1. Delay condoned.

2. Leave granted.

3. This appeal takes exception to the judgment and order dated 28.02.2019 passed by the High Court of Judicature at Bombay at Aurangabad in First Appeal No. 692 of 2019.

4. The limited issue involved in this appeal is about the liability to pay interest whether commences from the date of taking possession or only from the date of award. The Court while issuing notice on 13.01.2021 noted thus:

“Counsel for the petitioners submits that the High Court has glossed over the crucial fact that in the present case, urgency clause was invoked. In that event, in light of the exposition of this Court in R.L. Jain (D) by LRs. vs. D.D.A. and Others, (2004) 4 SCC 79, the interest ought to be payable from the date of taking possession.

Issue notice on the application for condonation of delay as also on the special leave petition, returnable in four weeks.

Dasti, in addition, is permitted.

Liberty is granted to serve standing counsel for the State of Maharashtra.”

5. It is discerned from the judgment of the Reference Court dated 22.11.2021 that the interest was ordered to be paid from 04.04.1997 when possession was taken until 03.04.1998 for the first year at th