RFA 4181 of 2003 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. RFA 4181 of 2003 Date of decision: 26.5.2011 Punjab Urban Development Authority petitioner vs Daya Ganj & Ors respondent Present:- Mr. CM Munjal, Advocate. M.M.S.BEDI This is an appeal against order dated 4.4.2003 passed Additional District Judge, Ludhiana holding that the respondents are entitled to compensation @ Rs.50,000/- per acre along with solatium @ 30% and additional amount @ 12% per annum from the period commencing from the date of publication of notification u/s 4 (1) of the Land Acquisition Act ( for short 'the Act') to the date of the Award of the date of taking possession of the land, which ever is earlier. The respondents had also been held entitled to interest @ 9% per annum on the enhanced amount from the date on which the possession was taken for one year and for subsequent period @ 15% per annum till payment is made. The respondents were also held entitled to interest on the amount of solatium. Two more applications u/s 28-A of the Act were decided by the learned Additional District Judge, Ludhiana on the same day. RFA No. 4438 of 2003 filed by the appellant has been decided RFA 4181 of 2003 2 a Coordinate Bench of this court on 13.12.2010. The operative part of the judgment reads as follows:- “ In the present case, the original award was passed on 28.3.1976, the land owners moved application under Section 28 A of the Act after the Award of the reference court dated 12.1.1998 and on the said application, the Collector passed the order on 10.12.2000 re-determining the amount of compensation payable to the respondents. The date of passing of the order by the Collector in the case of the landowners under Section 28A of the Act would not be relevant for the purpose of consideration of their claim for grant of benefits under the amended provisions of the Act as the relevant date would always remain when the award is announced by the Collector for the first time when notifications under Sections 4 and 6 of the Act are issued and the award under Section 11 of the Act is passed and the acquisition proceedings concluded. Rights given to a land owner under Section 28A of the Act is a kind of concession given to those land owners who could not approach the court initially. They have also been given parity in payment of compensation. It is re-determination of compensation as otherwise even in the case of the land owners in the present case the compensation had already been determined by the collector, when the award was initially announced. For the reasons mentioned above, the impugned award of the learned court below is set aside t the extent whereby the land owners have been held entitled to benefits under the amended provisions of the Act. However, it is made clear that they shall be entitled to get the benefits in terms of un-amended provisions of the Act. The appeals stand disposed of accordingly.” In view of the subject matter being covered by the decision of RFA No. 4438 of 2003 decided on 13.12.2010, the instant appeal is disposed of in the same terms as in RFA 4438 of 2003. The impugned RFA 4181 of 2003 3 award dated 4.4.2003 passed by the court below is set aside to the extent where the land owners have been held entitled to the benefits under the amended provisions of the Act clarifying that they shall be entitled to get the benefits in terms of the unamended provisions of the Act. May 26 , 2011 (M.M.S.BEDI ) TSM JUDGE