RFA 221 of 2004. 11.12.2009 Present: Mr. R.K.Bawa, Advocate General, with Ms. Ruma Kaushik, Addl. AG, for the appellants. Mr. S.M.Goel, counsel for respondents 1 to 6. It is undisputed before me that this appeal arises out of the judgment of the learned Reference Court which has been passed in 15 reference petitions. This judgment was adjudicated by this Court on a challenge having been made by the State in RFA 112, 146, 147, 148, 150, 152, 156 and 158 of 2004, decided on 18.8.2004. This Court passed the following judgment: “ When these cases were taken up today, learned counsel for the parties, submitted, that these appeals are covered by the judgment in RFA No. 105 of 1995 and other connected cases decided by this Court on 22.7.2004. As according to them, questions of law and fact involved in these appeals and those in the decided appeals are identical. As such on the same grounds these appeals be also disposed of. In view of this stand on behalf of the parties and for the reasons set out in the judgment of RFA 105 of 1995 dated 22.7.2004, titled Land Acquisition Collector and another Vs. Yel Ram and others, and other connected cases, all these appeals are also disposed of in the following terms: -2- (a) That the interest on the compensation awarded amount will be from the date of publication of Notification in Rajpatra under Section 4 of the Land Acquisition Act, 1894, i.e. 7.2.1994. (b) Additional compensation under Section 23(1-A) of the Act is payable from the date of publication under Section 4 of the Act i.e. 7.2.1994 up to the date of the award on the market value only; (c) And findings to the contrary on both these aspects recorded by the learned District Judge below in the impugned award in all these appeals are hereby set aside. In case the amount of compensation in terms of the impugned award has been received by the respondents- claimants, they are directed to deposit back such excess amount by or before 31.12.2004, failing which appellants will be entitled to the restitution of the excess amount received by the respondents- claimants in all the cases on and with effect from the dates they received -3- amount under the impugned award of the learned District Judge, Kullu, with interest at the rate of 12% per annum from such date(s) of receipt. Costs on parties.” This appeal is accordingly disposed of in terms of the judgment as extracted above. A copy of the judgment passed in the appeals as noticed above be placed on record of this case. Having decided that the interest on the compensation will be payable from the date of publication of notification in the Rajpatra under Section 4 of the Act, that is 7.2.1994, the respondents- claimants cannot be left without any remedy. Accordingly, this case is remanded to the learned District Judge, Kullu, for the purpose only of determining compensation/ use and occupation charges payable to the respondents for the period before the land was validly and statutorily acquired under Section 4 of the Act. The following directions are issued: (i) the appeal is remanded to the Reference Court, i.e. the Court of learned District Judge, Kullu; (ii) On remand, the Reference Court will redetermine the compensation in accordance with the decision in -4- Narotam Ram v. Land Acquisition Collector and others (2002 (3) Shim. L.C. 45); Siddappa Vasappa Kuri and another v. Special Land Acquisition Officer and another, (2002) 1 SCC 142) and R.L.Jain (D) by LRs. V. DDA and others (2004) 4 SCC 79) and Land Acquisition Officer vs. Hemangouda and others (2005) 12 SCC 443. (iii) The claimants will be at liberty to establish their claim for reimbursement of money/ compensation for use of their property by the State without recourse to proceedings under the Act. For this purpose, the claimants as well as the State would be free to adduce evidence in accordance with law. It is clarified that no other evidence except that which is necessary for determination of compensation for use of the land and deprivation of its use by the claimants by the State prior to notification under Section 4 of the Act will be allowed; (iii) Parties are directed to appear before the learned Reference Court on 29.12.2009. The Reference Court shall dispose of the matters within six months from the date on which parties first put in appearance before that Court. (iv) The record be sent back forthwith. -5- This appeal is disposed of accordingly. Pending application(s) shall stand disposed of. There shall be no order as to costs. December 11, 2009 (PC). (Dev Darshan Sud), J.