IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. RFA No. 336 of 2003 Date of Decision : March 3, 2009. LAC & Anr. …Appellants. Versus: Surat Ram & Anr. …Respondents. Coram: The Hon’ble Mr.Justice Sanjay Karol, Judge. Whether approved for reporting?1 No For the appellants: Mr. R.K. Bawa, A.G. with Mr. Vivek Thakur, Addl. A. G & Mr. Anil Jaswal, Dy. A.G. For the respondents. Mr. M. S. Thakur & Mr. Inderjeet Narwal, Advocates SANJAY KAROL, JUDGE (Oral). The present appeal has been filed assailing the Award dated 16.12.2002, passed by the Addl. District Judge, Shimla, Circuit at Rohru, in Land Reference No. 60-S/4 of 1999 titled as Surat Ram & Anr. vs. Land Acquisition Collector & another, on the ground that the Court below has wrongly awarded interest from the date of the possession. In support of the contentions, Mr. Anil Jaswal, leaned Dy. Advocate General has referred to a decision of the Apex Court reported in Siddappa Vasappa Kuri and another v. Special Land Acquisition Officer and another {2002(1) SCC 142}. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 For the public purpose, namely, construction of “Kutara-Dalgaon road”, land comprising Khasra No.58/1, Khata Khatauni No.124/208 situate in Mauza Khashkandi, Tehsil Rohru, Distt. Shimla, was acquired vide award dated 17.5.1999. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) was issued on 11.4.1996 which was published in the Gazette on 18.5.1996. The Collector passed the award dated 17.5.1999 and awarded compensation for different categories of land as under:- Classification of land Rate per bigha Kiar Awal = Rs.10,271.80 Kiar Dom = Rs. 6,550.20 Bakhal = Rs. 5,359.20 Karali Awal = Rs. 1,637.60 Karali Dom = Rs. 500.00 Aggrieved by the same, the claimants filed Land Reference Petition under Section 18 of the Act seeking enhancement of the compensation awarded by the Collector. Based on the pleadings of the parties, following issues were framed by the Court below:- 1) Whether the Land Acquisition Collector has assessed the value of the acquired land, trees etc. inadequately, as alleged?. ….OPP 2) Whether the petitioner is entitled to claim the award amount in exclusion of Murki Lal, aalelged? ….OPP 3 Opportunity to lead evidence was afforded to the parties and the claimants examined Shri Hazari Nand (PW-1), Shri Balbir Singh (PW-2), Shri Kamal Singh (PW-3), Shri Narinder Singh (PW-4) & Shri Rajinder Singh (PW-5) and exhibited copy of mutation Ext.PW-1/A, Certificate Ext.PW-4/A & Sale Deed Ext.PW-5/A to prove the market value of the acquired land to be much more than what was awarded by the Collector Land Acquisition. Based on the material on record, the Court below determined the market value of the acquired land to be Rs.5500/- per biswa and finally awarded compensation in the following terms:- “12. As a sequel to my detailed discussions made above, it is held that petitioners are entitled to compensation at the enhanced rate of Rs.500/- per biswas. The petitioners shall also be entitled to under Section 23(1) in addition to the aforesaid market value of the acquired land. The amount calculated at the rate of 12 percent per annum on such market value for the period commencing from the date of publication of the notification under Section 4 upto the date of award of the Collector or date of taking possession of the acquired land which ever is earlier. The petitioners shall be entitled to solatium at the rate of 30 percent of such market value under Section 23(2) of the Land Acquisition Act in consideration of the compulsory nature of the acquisition. The petitioners shall be entitled under Section 28 of the Act for interest at the rate of nine percent per annum from the date on which the 4 possession is taken to the date of payment of such excess amount for the first year and at the rate of 15 percent per annum for the subsequent period till the date of payment or deposit. The amount of compensation if already paid is liable to be deducted. The Collector shall determine the amount within a period of one year under the provisions of Land Acquisition Act, 1894. Memo of costs be prepared accordingly. File after due completion be consigned to the record room.” (Emphasis supplied) In the impugned award, there is no reference to the actual date of possession. Be that as it may be keeping in view the ratio of law laid down by the Apex Court in Siddappa Vasappa Kuri (supra), it is clarified that the claimants would be entitled to interest only from the date of publication of the Notification in the official Gazette. For the foresaid reasons, the appeal filed by the State is partly allowed. ( Sanjay Karol ), Judge. March 3, 2009. (rana)