IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 209 of 2001 Date of decision: 02.06.2010 Land Acquisition Collector … Appellant Versus Smt. Parwati and others ... Respondents Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 For the appellants: Mr. J.S. Guleria, Assistant Advocate General. For the respondents: Mr. T.S. Chauhan vice Mr. R.L. Pathak, Advocate. V.K. Ahuja, J. (Oral): This Regular First Appeal has been filed by the State under Section 54 of Land Acquisition Act against the award dated 1.6.2000 of the Court of learned District Judge, Bilaspur. 2. Briefly stated, the facts of the case are that a notification under Section 4 of the Land Acquisition Act issued on 12.6.1982 for construction of Brahmpukhar-Ghagus road. The Land Acquisition Collector entered into reference and after conclusion of the case, passed an award and assessed market value of the different categories of land as under:- Sr. No. Class of land Rate 1. Kuhli Awal Rs.20536.00 2. Andarli Awal Rs.15333.00 1Whether reporters of Local Papers may be allowed to see the judgment? 2 3. Bahrali Awal Rs.10131.00 4. Kharetar & Banjar Kadeem Rs. 1643.00 5. Abadi Rs.20536.00 3. A reference petition was filed under Section 18 of he Act by the petitioners for enhancement of the compensation. Respondents filed their reply and the learned District Judge vide its impugned award granted a uniform rate of Rs.32,000/- per Bigha vide the impugned award alongwith interest etc. An appeal has been preferred by the State against the award. 4. I have heard the learned counsel for the parties and have gone through the record of thee case. 5. The learned Assistant Advocate General for the State had also challenged the grant of compensation at the rate of Rs.32,000/- per Bigha. The learned trial Court had made a reference to Sale Deed Ext. R-1, and had observed that the respondent has not examined the vendor and vendee in support of the Sale Deed. However, keeping in view the discussion that due deduction of 60% was made from the rate given vide the Sale deed, the learned trial Court had granted the rate of Rs.32,000/- per Bigha. During the course of arguments, no infirmity was pointed out by the learned Assistant Advocate General that the amount was excessive on any ground and calls for reduction. The main ground taken by the learned Assistant Advocate General during the course of arguments was that the learned trial Court has awarded the interest from the date of taking of possession in the year 1966. However, according to the decision of the Apex Court in Siddappa Vasappa Kuri and another Vs. Special Land Acquisition Officer and another, 3 (2002) 1 Supreme Court Cases 142, the interest has to be granted from the date of issuance of the notification and not from the date of taking of possession. It follows from this discussion that the petitioners were entitled to interest from the date of issuance of notification, that is, from 12.6.1982. 6. In view of the above discussion, the appeal is accordingly allowed partly to this extent. The Land Acquisition Collector shall make fresh calculations within four months from today and the petitioners/respondents shall be paid the amount due to them accordingly. Parties are left to bear their own costs. 7. In view of the disposal of the main appeal, all the pending Misc. Applications, if any, shall also stand disposed of. ( V.K. Ahuja ), June 02, 2010 Judge (BSS)