In the Punjab and Haryana High Court,at Chandigarh. RFA No. 3515 of 1992 Decided on March 05 ,2009. Haryana State --Appellant vs. Darshan Rani -- Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Rajiv Kawatra, Senior DAG,Haryana, for the appellant Ms.Kusum Anjali Sharma,Advocate, for Mr.B.S.Walia,Advocate, for the respondent. Rakesh Kumar Jain, J: This judgment shall dispose of two Regular First Appeals bearing Nos. 3515 and 2441 of 1992, directed against the order of Addl.District Judge, Hisar, dated 14.8.1991 whereby the appellants were awarded compensation @ Rs.23/- per square yard along-with benefits under Sections 23 (I-A), 23 (2) and 28 of the Land Acquisition Act, 1894 (for short, 'the Act'). Learned counsel for the appellants has challenged only award of interest under Section 23 (1-A) of the Act, on the ground that notification under Section 4 of the Act was issued on 16.5.1979 followed by a notification of declaration under Section 6 of the Act dated 21.12.1979 for the acquisition of land measuring 150 square yards. RFA No.3515 of 1992 -2- The award of the Collector was announced on 11.6.1981 granting Rs.8.99 per square yard as compensation. Learned counsel for the appellants contended that since the award of the Collector is prior to 30.4.1982, therefore, the respondents/land-owners are not entitled to the benefit of Section 23 (1-A) of the Act. After hearing the learned counsel for the parties, I am of the view that the present appeals deserve to be allowed. It is now well settled law that if the award of the Collector is prior to 30.4.1982, the landowners/claimants will not be entitled to the benefit of Section 23 (1-A) of the Act. In view of the above, the present appeals are allowed only to the extent that the benefit granted by the Reference Court to the landowners/claimants under Section 23 (1-A) of the Act, shall stand deleted. However, remaining award of the Reference Court shall remain intact. March 05,2009 (Rakesh Kumar Jain) RR Judge