R.M. Borde, J.

1. Heard. Rule. Rule made returnable forthwith. With the consent of the parties, both the petitions are taken up for final disposal at admission stage.

2. Petitioners whose landed properties have been acquired by the State for public purpose are praying for issuance of direction to the Collector and the Land Acquisition Officer to determine the amount of rental compensation payable under the policy prescribed by the Government and further direction is sought against the acquiring body to pay such amount on determination by the Collector.

3. In Writ Petition No. 6982/2013, it is contended by petitioners that their landed properties have been taken in possession for the purpose of construction of Hangarga Minor Irrigation Tank. Notification under section 4 of the Land Acquisition Act was issued on 29-8-1998 and, after following the procedure prescribed under Land Acquisition Act, award came to be passed on 14-2-2001. It is the contention of petitioners that although notification under section 4 has been published in the year 1998, possession of properties has been taken before initiation of proceeding under Land Acquisition Act. Petitioners contend that they were not satisfied with the amount of compensation awarded by the Land Acquisition Officer and as such they preferred reference applications for determination of amount of compensation which were decided by the learned Civil Judge, Sr. Dn., Nilanga on 10-3-2007 and the reference Court directed enhancement in the amount of compensation and prescribed the rate of acquired property at Rs. 63,000/- and Rs. 42,000/- per acre. Petitioners claim rental compensation on the basis of value of the landed properties determined by the reference Court.

4. In Writ Petition No. 6983/2013 it is contended that lands have been acquired for construction of Tail Canal of Katpur Minor Irrigation Tank at Katpur. Notification under section 4 of the Act came to be issued on 11-5-1994 however, possession of the lands was already taken prior to issuance of section 4 notification in the year 1993 by entering into private negotiation. The Land Acquisition Officer passed award on 7-4-1998. Petitioners were not satisfied with the amount of compensation awarded by the Land Acquisition Officer as such, they tendered applications for reference of matter to the Civil Court for determination of value of the acquired lands. Reference Court decided the matters by judgment and award dated 23-2-2007 and prescribed compensation of the acquired lands at the rate of Rs. 10,000/- per R in respect of dry crop lands, at the rate of Rs. 15,000/- per R for seasonal irrigated lands and at the rate of Rs. 20,000/- per R for irrigated lands. Petitioners claim rental compensation on the basis of the value of the lands determined by the reference Court. In both petitions petitioners claim that though the applications are presented to the acquiring body in the year 2007, the amount of rental compensation has not been determined and they have not been paid the amount.

5. The State Government has formulated policy in respect of payment of rental compensation to the claimants in such of those cases where the landed properties have been taken in possession prior to initiation of proceeding under Land Acquisition Act. Under Resolutions dated 1-12-1972 and 2-4-1979 the State has provided for the circumstances in which possession of land can be taken by private negotiation and has also prescribed for payment of rental compensation at 6.5% of the final award value in respect of both nonagricultural and agricultural lands. The amount of rental compensation has been enhanced to 8% in view of Government Resolution dated 2-4-1979. In the matter of Maimune Banu Hamidali Khan and others vs. State and others, reported in 2001 (3) Bom. C.R. 529 the Division Bench of this Court upheld entitlement of such of those claimants whose lands have been taken over in possession by the acquiring body or the State prior to initiation of