IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 87 of 2007. Date of decision: 29.7.2008. Collector Land Acquisition & anr. ….. Appellants. Vs. Chander Mani Sharma & anr. …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. A.K. Bansal, Additional Advocate General. For the Respondents : Mr. G.R. Palsra, Advocate. Kuldip Singh, Judge. This appeal has been directed against the award dated 18.1.2005 passed by the learned District Judge, Mandi in Reference Petition No. 7 of 2004 titled as Chandermani Sharma vs. Collector. 2. The facts in brief are that a notification under Section 4 of the Land Acquisition Act, 1894 (for short, the Act) was published on 24.2.1990 in H.P. Rajpatra for acquiring land for public purpose for construction of Katla Natla Dharamdwara Mandu Nalla road in village Netla, Tehsil Sadar, District Mandi. The Land Acquisition Collector (for short, the Collector) made the award on 27.2.1993. The respondents filed reference petition under Section 18 of the Act. In fact, some other land owners whose lands were also Whether the reporters of the local papers may be allowed to see the Judgment? …2… acquired under the same notification also filed reference petitions under Section 18 of the Act. The learned District Judge, consolidated those reference petitions and by common award dated 18.11.2005 decided the said reference petitions. The learned District Judge vide impugned award has enhanced the compensation in respect of Barani Abal to Rs.13500/- per bigha and kharetar and gair mumkin to Rs.2700/- per bigha. He has also awarded solatium at the rate of 30%, additional compensation from the date of notification under Section 4 of the Act to the date of award. However, he has wrongly mentioned the date of notification under Section 4 of the Act as 6.7.1996, whereas the actual date of notification is 24.2.1990. The learned Reference Court has also awarded interest under Section 28 of the Act at the rate of 9% per annum for one year and thereafter at the rate of 15% per annum w.e.f. 1977 i.e. the time when the possession of the land was taken over. The learned counsel for the parties have jointly submitted that in view of limited controversy in the appeal, the same may be heard and disposed of at this stage. 3. I have heard learned Additional Advocate General for the appellants and Mr. G.R.Palsra, learned counsel for the respondents and gone through the record. It has been submitted on behalf of the learned counsel for the respondents that in fact nine reference petitions were decided by the learned District Judge vide common award dated 18.11.2005, the appellants filed RFA No. 347 of 2006 and RFA No. 350 of 2006 against common award dated 18.11.2005 passed in Reference Petition No. 93 of 2002 and Reference Petition No. 97 of 2002, respectively. He has submitted …3… that RFA No. 347 of 2006 and RFA No. 350 of 2006, have been decided by learned single Judge of this court on 27.5.2008. He has submitted that decision dated 27.5.2008 is fully applicable in the present case inasmuch as Reference Petition No. 7 of 2004 was also decided by the common award dated 18.11.2005 by learned District Judge alongwith Reference Petition Nos. 93 and 97 of 2002. This has not been denied by learned Additional Advocate General. 4. Therefore, in view of decision dated 27.5.2008 in RFA Nos. 347 of 2006 and 350 of 2006 the market value including solatium as assessed by the learned District Judge so far as it relates to land is upheld. The land owners are entitled to additional compensation, under Section 23(1-A) w.e.f. 24.2.1990 i.e. the date of notification under Section 4 of the Act till the date of award dated 27.2.1993. The land owners are also entitled to interest at the rate of 9% per annum w.e.f. 27.2.1993 (the date of award) for a period one year and thereafter at the rate of 15% per annum till payment/ deposit of the entire award/ enhanced amount. 5. The appeal is disposed of in the aforesaid terms. CMP No. 226 of 2007. 6. Infructuous. July 29, 2008. ( Kuldip Singh ) (Hem) Judge.