D.G. KARNIK, J.

1. Rule returnable forthwith.

2. Learned Assistant Government Pleader, Mr. B.V. Wagh, waives service of Rule on behalf of respondent nos.1 to 3. Learned Counsel, Mr. S.G. Sangle, waives service of Rule on behalf of respondent nos.4 and 6. Service of Rule to respondent no.5 is dispensed with since the respondent no.5 is only a formal party. By consent of appearing parties taken up for hearing.

3. The land of the petitioners was required for a public purpose of construction of a village water tank. The respondents approached the petitioners for a consent for taking possession of the land even before the acquisition proceedings were commenced and / or completed. Accordingly, an agreement was executed between the petitioners and the respondent nos.4 and 6 (acquiring body) on 16th June 2005. Clause No.1 of the agreement states that the petitioners would be allowed to harvest only the existing crop but shall not be allowed to sow new crop. Clause No.2 states that the compensation for the period between the date of possession and the date of award shall be determined by the Collector.

4. According to the petitioners, possession of their land was taken over by the