RFA No.172 of 1989 -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.172 of 1989 Date of Decision: 11.12.2008 State of Haryana ..Appellant. Vs. Smt.Lajja Wati and others ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Rajiv Kawatra, Sr.DAG Haryana for the appellants. None for the respondents. RAKESH KUMAR JAIN, J. Land measuring 59.06 acres of village Mujessar was notified for acquisition under Section 4 of Land Acquisition Act, 1894 (for short `the Act') dated 1.6.1976. The Land Acquisition Collector (for short `the Collector') vide his Award No.1 of the year 1981-82 dated 8.7.1981 determined the market value of the acquired land @ Rs.30,000/- per acre. In the reference under Section 18 of the Act, the learned Additional District Judge, Faridabad vide his award dated 4.11.1988 redetermined compensation @ Rs.225/- per marla and also awarded solatium @ 30%, interest @ 9% per annum for a period of one year from the date of the notification under Section 4 of the Act and thereafter @ 15% per annum till realisation. The claimant was also held entitled to additional amount @ 12% on the market value from the date of publication of the notification under Section 4 of the Act. RFA No.172 of 1989 -2 - Learned counsel for the appellant has contended that the learned Reference Court has committed an error of law while awarding benefit under Section 23(1-A) of the Amended Act because both the notification under Section 4 of the Act and the award of the Collector is prior to 30.4.1982, therefore, the land owners-claimants are not entitled to the benefit of Section 23(1-A) of the Amended Act. After hearing the learned counsel for the appellant, I am of the view that the award of the Reference Court deserves to be modified and the benefit extended under Section 23(1-A) of the Act has to be deleted because it is well settled law that if the award of the Collector is before 30.4.1982 then the land owners shall not be entitled to the benefit of Section 23(1-A) of the Amended Act and if the award of the Collector is after 30.4.1982, the land owners shall be entitled to all the statutory benefits in terms of the provisions of the Amended Act and if the award of the Collector is before 30.4.1982 but the award of the Reference Court is after 30.4.1982 then the land owners shall be entitled to the benefit of Sections 23(2) and 28 of the Amended Act. In view of the above, the present appeal is allowed only to the extent that benefit under Section 23(1-A) of the Act is hereby deleted and the rest of the award of the learned Reference Court is hereby maintained. No costs. (Rakesh Kumar Jain) 11.12.2008 Judge Meenu