IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. RFA No. 339 of 2006 Date of Decision : June 29, 2009 State of HP through Secretary (PWD) & Anr. …Appellants Versus: Hiri Devi & others …Respondents Coram: The Hon’ble Mr.Justice Sanjay Karol, Judge. Whether approved for reporting? No For the appellants: Mr. Vivek Thakur, Addl. A.G. with Mr. J. S. Rana, Asstt. A.G. For the respondents : Mr. Ramesh Sharma, Advocate. Sanjay Karol, J. (Oral) The point in appeal is covered by a decision rendered by the Apex Court in Patel Joitaram Kalidas & Ors. vs. Spl. Land Acquisition Officer & anr. 2007 (2) SCC 341. The claimants land was acquired for the public purpose. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ’the Act’), was issued on 1.11.1997. The Collector passed his award No. 1 of 2001 dated 3.2.2001. The claimants were awarded compensation, but however, the Collector did not award payment for solatium. 2 Aggrieved by the same, the claimants herein filed Land Reference Petition u/s 18 of the Act, claiming solatium and statutory interest from 30.7.1995, date on which the possession of the land was actually taken over by the State. Land Reference Petition No. 9-S/4 of 2005, titled as Hiri Devi & Ors. v. State of H.P. & Anr. was decided by the District Judge, Shimla, H.P. on 23.2.2006 and the claimants were held entitled to the amount towards solatium and interest w.e.f. 30.7.1995. Admittedly, notification issued u/s 4 of the Act was published in the H.P. Rajpatra on 20.12.1997. The Apex Court in Patel Joitaram Kalidas (surpa) has held that interest on the amount payable by way of an additional amount and solatium is automatic and the Court is bound to grant the same irrespective of the fact as to whether the same was claimed or not. The Court took into account its earlier decision rendered in Sunder vs. Union of India (2001(7)SCC 211), wherein it has been held that the Court is bound to award interest on the additional amount u/s 23(1-A) and solatium payable u/s 23(2) of the Act. The Apex Court has further held that the statutory interest and the payments however, have to be made from the date of possession, which is in accordance with the provisions of the Act. In this case, the possession of the acquired land was actually taken over prior to the date of initiation of the acquisition proceedings. But be that as it may be, the claimants 3 are entitled to all statutory payments including interest only from the date of publication of the notification which in the present case is 20.12.1997. The impugned award, to the said extent is modified and the appeal is disposed of with the aforesaid observations. ( Sanjay Karol ), Judge. June 29, 2009 (rana)