IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 354 of 2006 Date of Decision : August 18, 2009 Sh. Padam Dev Appellant Versus State of H.P. and another Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the appellant : Mr. Jagdish Thakur, Advocate vice Mr. N. K. Thakur, Advocate, for the appellant. For the respondents : Mr. R. K. Bawa, Advocate General with Mr. Vivek Thakur, Additional Advocate General, for the respondents. Sanjay Karol, J. (Oral) After the matter was heard for some time Mr. Jagdish Thakur, learned vice counsel for the appellant confined his submissions with regard to the payment of interest on the awarded amount under the provisions of the Land Acquisition Act, 1894. The facts in the present case are undisputed. The appellant’s/ claimant’s land situate in Mauja Panohi, Sunni, H.P. was acquired by the State and notification under Section 4 of the Act was published in the H.P. Rajpatra on 13.9.1997. The Collector passed his Award 1 Whether reports of Local Papers may be allowed to see the judgment? 2 No. 13 of 1999, dated 28.12.1999. The market value was determined for different categories of land and compensation paid accordingly. The claimants being aggrieved of the same filed land reference petition under Section 18 of the Act which stands decided in terms of the impugned award dated 19.5.2006, passed by District Judge, Shimla in Land Reference No. 14-S/4 of 2003, titled as Shri Padam Dev Sharma versus State of Himachal Pradesh and another. The Court below enhanced the market value of the acquired land and determined the same to be Rs. 12,000/- per Bigha for the entire land irrespective of its category. The State has accepted the award and not filed any appeal. The Collector determined the market value with respect to different categories of land as under: “Kiar Doem: Rs. 15,300.00 Per Bigha. Bakhal Awbal: Rs. 9,180.00 Per Bigha. Bakhal Doem: Rs. 5,620.00 Per Bigha. Tikkar Awbal: Rs. 3,060.00 Per Bigha. Tikkar Doem: Rs. 1,530.00 Per Bigha. Banjar: Rs. 1,530.00 Per Bigha. Ghasni/Toda: Rs. 1,020.00 Per Bigha.” In my considered view the Court below could not have reduced the market value of the land with respect to the category ‘Kiar Deom’ for which the Collector himself has assessed rate at Rs. 15,300/- per Bigha. However, this Court is not interfering for the simple reason that the claimant’s land in question is not of category ‘Kiar Deom’. 3 The date from which statutory interest is to be awarded to the claimant stands settled now. The Apex Court in Lila Ghosh versus State of West Bengal, (2004) 9 SCC 337 has held that same is to be paid from the date of the publication of the notification under Section 4 of the Act. Even though in the impugned award the date from which same has been given is not stated however it is clarified that claimant shall be entitled to all statutory benefits from the date of publication of the notification in the H.P. Rajpatra which is 13.9.1997. With the aforesaid observations the present appeal is disposed of. The impugned award is modified accordingly. (Sanjay Karol), Judge. August 18, 2009 (PK)