NARESH H. PATIL, J.

1. Heard counsel appearing for parties.

2. Rule, returnable forthwith. By consent of parties taken up for hearing.

3. The petitioner’s land was subjected to acquisition. The respondent No.3/Special Land Acquisition Officer, Jalgaon passed an award in respect of land Block No.87/A/1, admeasuring 81 Ares, situated at village Bhilakhed, Deoli Bhoras, Tq. Chalisgaon, Dist. Jalgaon. On the petitioner’s motion a Reference under Section 18 of the Land Acquisition Act, 1894 (for short "the Act of 1894") was made. The Reference Court delivered judgment and award on 4th April, 2000. The State preferred an appeal bearing No.365 of 2004 against the said award, which was admitted by this Court on 22nd March, 2003 along with the companion group-matters.

4. The petitioner states that execution petition bearing No.287 of 2001 was filed in the Civil Court (Senior Division), Jalgaon. By an order dated 30th November, 2002 the Joint Civil Judge (Senior Division), Jalgaon passed following order: "Perused the copy of writ petition No.4269/02 preferred by D.H. In view of direction of Hon’ble High Court, Bench at Aurangabad dt.2-11-02 the bank guarantee furnished by D.H. for sum of Rs.8,25,507/- (Eight Lacs Twenty Five Thousand Five Hundred Seven Only) of United Western Bank, Branch Bhadgaon, Dist. Jalgaon in L.A.R.No.480/99 and Reg.Dar.No.287/01 is hereby stands revoked, the Reg.Dar.stands disposed of in part satisfaction. Inform the Bank accordingly by letter."

5. The petitioner was a party in Land Acquisition Reference No.480 of 1999 which was heard and disposed of along with other connected companion References. The operative portion of the judgment and order of the Reference Court requires to be stated hereinbelow :

"(12). In the above references, the Opponent/Govt. shall pay solatium @ 30% and component @ 12% per annum, on the amount of value of lands and trees, from the date of Section 4 notification of the L.A.Act, till the date of declaration of the Award.

(13). In the above references, the Opponent/Govt. shall pay an interest, on the amounts of value of lands and trees, component and solatium awarded by this Court, at the rate of 9 per cent per annum, from the date of taking possession for the first year, and thereafter, at the rate of 15 per cent per annum, till the realisation of the entire amount."

6. The petitioner filed an application dated 18th August, 2005 claiming benefits of interest on the amount of solatium and component in view of the judgment delivered by the Apex Court in the case of Sunder Vs. Union of India (2001) 7 SCC 211.

7. The State filed reply to the said application in which it was contended that the judgment and decree passed in favour of petitioner was passed prior to the pronouncement of the judgment and order by the Apex Court in the case of Sunder (cited supra). Therefore, in accordance with the opinion expressed by Law and Judiciary Department, it is informed that in the cases wherein the judgments and awards were passed prior to the declaration of the law by the Apex Court, such cases should not be reopened.

8. The petitioner places reliance on a communication made by Law and Judiciary Department, Government of Maharashtra, dated 10th February, 2005 (page No.48 of Paper-Book) wherein it is clarified by the Deputy Secretary, Revenue and Forest Department of Government of Maharashtra, to a query raised in this regard. The Deputy Secretary, while answering such query, had expressed following opinion :

"In view of Article 141 of the Constitution of India, the law declared by the Supreme Court is binding on all Courts of the Government. However, the cases decided and finalized as per law prior to the decision of the case Sunder Vs. Union of India of the Supreme Court, may not be reopened."

9. The learned counsel Shri.Patil appearing for the petitioner sta