IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No.445 of 2001 Decided on: July 17, 2009 Collector Land Acquisition …..Appellant. VERSUS Major Bhupinder Singh …..Respondent. Coram The Hon’ble Mr.Justice R.B.Misra, Judge. Whether approved for reporting?1 For the Appellant : Mr.P.K.Sharma & Ms.Ruma Kaushik, Additional Advocate Generals. For the Respondent: Mr.T.S.Chauhan, Advocate. R.B.Misra, Judge (Oral): Heard Mr.P.K.Sharma, learned Additional Advocate General, for the appellant / State and Mr.T.S.Chauhan, learned counsel for the respondent. 2. The present regular first appeal under Section 54 of the Land Acquisition Act (herein-after referred to as ‘the Act’) has arisen in reference to the award dated 27.11.2000, passed by learned District Judge, Bilaspur in Land Reference Case No.21 of 1997. It appears in reference to land acquisition measuring 1 bigha 16 biswas, comprised in Khasra Nos.1/1 and 9/1, situated in village 1 Whether the reporters of the local papers may be allowed to see the Judgment? …2… Marohiyan, Tehsil Ghumarwin, District Bilaspur for the construction of Auhar – Kohina road, the award was passed by the Land Acquisition Collector on 18.4.1990 whereby out of the acquired land, 1 bigha 10 biswas was Anderli Doam land and the Land Acquisition Collector awarded compensation in respect of the said land at the rate of Rs.5838.78 per bigha and remaining land measuring 6 biswas was Khadyater and the Land Acquisition Collector had awarded compensation at the rate of Rs.875.82 in respect of the said land on the basis of the rate approved by the District Collector, Bilaspur. 3. Feeling aggrieved, the respondent approached learned District Judge, Bilaspur by way of reference petition under Section 18 of the Act for enhancement of compensation on the ground that the market value of the acquired land was much more than what has been assessed by the Land Acquisition Collector. The issues were framed and the material on record was analyzed and ultimately the learned District Judge vide impugned award dated 27.11.2000 has enhanced the compensation of land from Rs.5838.78 per bigha to Rs.88,000/- per bigha in respect of Anderli Doam and from Rs.875.82 per bigha to …3… Rs.12,000/- per bigha in respect of Khadyater land. The Land Acquisition Collector has analyzed and has given a chart of the amount of enhanced compensation:- Sr.No. Area of land and its kind Amount awarded by the L.A.C. Amount awarded by the Court. Net amount of enhanced compensation. 1. 1-10 bigha Anderli Doam. Rs.5839.00 Rs.1,32,000/- Rs.1,26,161/- 2. 0.6 bigha Khadyater Rs.876.00 Rs.3600/- Rs. 2,724/- Total amount of Enhanced compensation Rs.1,28,885/- 4. The learned District Judge in the reference case has also indicated that apart from the aforesaid amount of compensation, the respondent is also entitled to solatium and interest and ultimately an amount of total compensation for Rs.1,28,885/- has been awarded in favour of the respondent. The respondent was also entitled to solatium at the rate of 30% in respect of the said amount of enhanced compensation. Further, the respondent was said to be entitled to additional compensation under Section 23(1-A) of the Act at the rate of 12% per annum and keeping in view the entry in the record that the possession of the acquired land was taken in November 1979, the respondent was entitled to …4… additional compensation at the rate of 6% per annum from 1.11.1979 to 29.4.1982 and the respondent was said to be entitled to additional compensation at the rate of 12% per annum till the date of award i.e. 18.4.1990. Besides that, the respondent was said to be entitled to interest at the rate of 9% per annum for one year w.e.f. 18.4.1990 and thereafter he was entitled to interest at the rate of 15% per annum till the aforesaid amount of enhanced compensation is paid or deposited by the Land Acquisition Collector. 5. Mr.P.K.Sahrma, learned Additional Advocate General, appearing for the Collector Land Acquisition, has invited the attention of this Court that though the respondent’s land was taken into possession in November 1979, however, the compensation and the interest would only be payable from the date of notification under Section 4 of the Act i.e. 29.12.1988. According to Mr.Sharma, the respondent could be awarded damages along with interest from the date of taking over of the possession prior to the publication of notification and the aggrieved party approached before the Collector by way of petition and was successful in proving the same. …5… 6. Learned Additional Advocate General has argued that the compensation and interest shall be payable in respect of the acquired land from the date of notification under Land Acquisition Act. I find force in the contention of the learned Additional Advocate General, therefore, the order dated 27.11.2000, passed by learned District Judge, Bilaspur is modified to the extent that the compensation and interest shall be payable to the respondent from the date of notification in respect of the land proposed to be acquired and respondent is also entitled to solatium as well as interest on the solatium in accordance with law and in respect of claim of compensation from the date of alleged possession, damages for the use of the land by virtue of taking into possession prior to the notification, the respondent, if so advised, may approach appropriate forum for appropriate relief. 7. In view of the above observations, the appeal is partly allowed. July 17, 2009(soni) ( R.B. Misra ) Judge.