RFA 172 of 2004. 11.12.2009 Present: Mr. R.K.Bawa, Advocate General, with Ms. Ruma Kaushik, Addl. AG, for the appellants. Mr. Naveen Bhardwaj, counsel for the respondents. This appeal has been preferred against the award passed by the learned Reference Court awarding a sum of Rs.3 lakhs per bigha to the respondents-claimants for the lands acquired by them for the construction of Ramshila-Bijli-Mahadev road by notification under Section 4 of the Land Acquisition Act, 1894 (hereafter referred to as the Act) on 5.6.1995. When this appeal was admitted, it was directed to be heard along with RFA Nos. 150 of 2003 and 29 of 2004 (since disposed of), as they also pertained to the same land, although notification under Section 4 was issued on different dates. While awarding compensation, the Reference Court relied upon two awards, namely Ex. PA, titled Sar Chand and others versus Land Acquisition Collector, which was also the basis as Ex. PF in RFA 150 of 2003 and Ex. PB another Award dated 31.8.2002, again granting a sum of Rs. 3 lakhs per bigha to the acquired land. RFA Nos. 150 of 2003 along with RFA 151 of 2003 and RFA 29 of 2004 along with RFA Nos. 30, 32, 33, 34, 35, 36 and 37 of 2004 have been disposed of on 10.9.2008 and 2.12.2008 respectively, -2- upholding Rs. 3 lakhs as fair compensation to be awarded to the claimants-respondents. In these appeals the basis of awarding compensation is the same judgment(s) of the Reference Court which are the basis in this case also. In these circumstances, I see no reason to differ with the sum awarded by the learned Reference Court and I hold that it is the just compensation to which the respondents- claimants are entitled to. Learned Advocate General raised an objection that the learned Reference Court was wrong in awarding interest from the date of taking possession and not from the date of issuance of notification under Section 4 of the Act. In L.A.C. & another v. Avinder Singh, Latest HLJ 2008 (HP) 891, following the decision of the Supreme Court, this Court held that the interest can only be granted from the date of notification under Section 4 of the Act. At the same time, the respondent- claimants had been granted the right to recover use and occupation charges/ damages from the State for use of their lands without recourse to law. This appeal is accordingly disposed of. The award of the learned Reference Court is upheld where it -3- grants Rs.3 lakhs per bigha as compensation to the respondents claimants along with all other statutory benefits. The grant of interest from the date of taking possession is upheld. The following directions are issued: (i) the appeal is remanded to the Reference Court, i.e. the Court of learned District Judge, Kullu; (ii) On remand, the Reference Court will redetermine the compensation in accordance with the decision in Narotam Ram v. Land Acquisition Collector and others (2002 (3) Shim. L.C. 45); Siddappa Vasappa Kuri and another v. Special Land Acquisition Officer and another, (2002) 1 SCC 142) and R.L.Jain (D) by LRs. V. DDA and others (2004) 4 SCC 79) and Land Acquisition Officer vs. Hemangouda and others (2005) 12 SCC 443. (iii) The claimants will be at liberty to establish their claim for reimbursement of money/ compensation for use of their property by the State without recourse to proceedings under the Act. For this purpose, the claimants as well as the State would be free to adduce evidence in -4- accordance with law. It is clarified that no other evidence except that which is necessary for determination of compensation for use of the land and deprivation of its use by the claimants by the State prior to notification under Section 4 of the Act will be allowed; (iv) Parties are directed to appear before the learned Reference Court on 29.12.2009. The Reference Court shall dispose of the matters within six months from the date on which parties first put in appearance before that Court. (v) The record be sent back forthwith. This appeal is disposed of accordingly. Pending application(s) shall stand disposed of. There shall be no order as to costs. December 11, 2009 (PC). (Dev Darshan Sud), J.