IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No.: 202 of 1997 Date of decision: 10.12.2009 Land Acquisition Collector and another ….Appellants. Versus Dewan Singh and another ….Respondents Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1. No. For the Appellants: Mr. Rajesh Mandhotra, Deputy Advocate General. For the Respondents: Mr. Ramakant Sharma, Advocate. Deepak Gupta, J.(Oral) This appeal is directed against the award passed by the learned Additional District Judge, Solan in Land Reference case No. 63-S/4 of 1994/93 decided on 8.1.1997. At the outset it would be pertinent to mention that the Land Reference Judge decided as many as 10 cases including the present case vide the aforesaid award. Appeals were filed in a number of cases. Out of these appeals 9 were disposed of vide judgement dated 24th November, 2003 passed by a learned Single Judge of this Court in RFA No.195 of 1997 and other connected matters. Since this appeal arises out of the same award which is the subject matter of RFA No.195 of 1997 obviously the dispute in this case has to be resolved totally in lines with the decision passed earlier by the learned Single Judge. 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 The learned Single Judge did not interfere with the compensation of land as assessed by the learned District Judge. He, however, held that interest on the compensation will be payable only with effect from date of issuance of notification i.e. 10.2.1990 and not from the date of possession. While passing this direction the learned Single Judge followed various decisions of the Supreme Court. The final directions issued by the learned Single Judge are as follows:- (a) That interest on the compensation will be payable on and with effect from 10.2.1990 and not to a date prior to it. Wherever it has been allowed to a date before 10.2.1990, it is held that the appellant-State is not liable for its payment. (b) As a result of this what follows is wherever it has been paid/allowed from a date prior to 10.2.1990 State is held entitled for its restitution by taking such recourse as is admissible under law. (c) Claimants are directed to pay back the same by or before 31.1.2004 by depositing the same with the Land Acquisition Collector, HPPWD, Solan, failing which they shall be liable to pay interest on this amount from the date of its receipt by each one of them till the date of its deposit/payment at the rate of 12% per annum. (d) Cross objections are also dismissed. (e) Appellants are directed to recalculate the amount awarded in terms of this judgement by adding interest on the amount of compensation on solatium to which the respondents-claimants are held entitled, as noted above. (f) Costs on the parties. Keeping in view the directions passed earlier, the present appeal is disposed of with the following directions:- 3 That the claimants-respondents shall be entitled to interest, additional compensation, etc. in accordance with the law laid down by the Apex Court w.e.f. 10.2.1990 and not from any date prior to the said date. As a result thereof, the State shall be entitled to refund of the interest, if any, paid for the period prior to 10.2.1990. The claimants shall, however, be entitled to additional compensation, solatium and interest as per the statutory provisions as interpreted by the Apex Court from time to time. The Collector is directed to recalculate the total amount payable within a period of six months from today. The Collector shall before calculating the amount issue notice to the claimants and the claimants if so desire may submit their calculations to the Collector. The Collector shall thereafter make the calculations and intimate the plaintiff with regard to the amount and interest to be refunded, if any, on or before 31st May, 2010. The appellant shall then refund the amount within the period of 45 days thereafter, failing which he shall also be liable to pay interest on the entire amount @ 12% per annum w.e.f. 1st June, 2010 onwards. No orders as to costs. 10th December, 2009. ( Deepak Gupta ) ™ Judge.