IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA R.F.A. No: 60 of 2004 Date of decision: 24.6.2009 Collector Land Acquisition & anr. ..Appellant Versus Pritam Singh ..Respondent Coram The Hon’ble Mr. R.B. Misra, Judge. Whether approved for reporting?1 For the Appellants: Mr. R.K.Bawa, Advocate General, with P.K.Sharma, Additional Advocate General. For the Respondent: Mr. Sanjeev Kuthiala, Advocate R.B.Misra, J.(Oral) The present Regular First Appeal has been preferred under Section 54 of the Land Acquisition Act, 1894 (in short the Act) in reference to the award, dated 3.3.2003, passed by the learned District Judge, Kullu, in Land Reference Petition No. 25 of 2001. 2. It appears that for construction of Phati Bemchi Kothi Raison road, a Notification under Section 4 of the Act was issued by the Secretary (PW) to the Government of Himachal Pradesh vide Notification, dated 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 7.3.1991, published on 13.4.1991 and in reference to Sections 6 & 7 of the `Act’, Notifications were issued on 28.8.1991. After completing formalities, required under the Act, the Collector, Kullu had passed an award, dated 31.10.1992 in respect of the acquired land and trees and the payment of the land has been paid to the respondents by the Land Acquisition Collector. It appears, evaluation of the acquired building was not made while making the award, as assessment was not made properly, as such on receiving the assessment of acquired house, the supplementary award No. 3/96, dated 9.2.1996 was passed, awarding an amount of Rs. 22,295/- towards the compensation regarding the building acquired. In reference to the Reference Petition, preferred under Section 18 of the Act and in reference to the loss of earning of Rs. 300/- per day, due to acquisition of the land, building and suffering from business, the learned District Judge, Kullu vide its judgment dated 3.3.2003 has assessed the market value of the property and has awarded the compensation to the tune of Rs. 59,946/- with interest at the rate of 12% per annum on the enhanced compensation under Section 23(1-A) of the Act either from the date of publication of the Notification under Section 4 of the Act to the date of award of the Collector 3 or the date of taking the possession of the building, whichever is earlier and 30% compulsory acquisition charges on the enhanced amount under Section 23(2) of the Act. The benefit was also given to the petitioner under Section 28 of the Act regarding the interest on the enhanced compensation at the rate of 9% per annum from the first year from the date of taking possession and thereafter at the rate of 15% per annum till the amount is deposited in the court. Over all, Rs. 59,946/- was to be paid to the claimant by the State Government and the acquiring authorities. 3. Being aggrieved, the appellants have preferred the present appeal mainly on the ground that enhancement of compensation towards the acquired building from Rs. 22,295/- to Rs. 59,946/- was without any rhyme or reason and since the Notification dated 7.3.1991 was made for acquiring the land and building in question and the award dated 3.3.2003, passed by the learned District Judge shows that the learned District Judge failed to award the interest w.e.f. the date of Notification under Section 4 of the `Act’ and not from the date of taking the possession of the land, which was prior to the date of Notification and the same is contrary to law. 4 4. I have heard learned counsel for the parties and also gone through the contents of the record and pleadings. 5. In my considered view the amount of compensation enhanced by the learned District Judge in reference to the supplementary award is not exorbitant and not illegal. However, the law is well settled that the amount of interest is to be paid on the award/supplementary award only from the date of Notification and not from the date of possession of land/property in question, if the possession is prior to the Notification. As such the impugned award in question is to be modified and accordingly Rs. 59,946/- towards the acquisition of the building and land in question has to be paid with interest at the rate of 12% per annum under Section 23(1-A) of the Act from the date of Notification under Section 4 of the Act to the date of award of the Collector, as approved by the learned District Judge and not from the date of possession. Apart from this , 30% compulsory acquisition charges on the enhanced amount under Section 23(2) of the Act shall also be paid and the claimant is also entitled to interest on the enhanced compensation at the rate of 9% per annum in reference to Section 28 of the Act from the first year from the date of 5 notification and thereafter at the rate of 15% per annum till the amount is deposited in the court. The submissions have been made by the learned counsel for the claimant that he may be given liberty to approach the appropriate forum, including the Civil Court for framing the charges and realizing the compensation. It goes without saying that the claimant is always at liberty to do so, if so advised. In view of the above discussion, the appeal is partly allowed and stands disposed of. June 24, 2009(K) ( R.B.Misra ),J.