RFA No. 2084 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 2084 of 1990 Date of Decision: 7.9.2009 The Land Acquisition Collector and another ....Appellants. Versus Ram Gopal (Dead) through his LRs and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Ashish Sharma, DAG, Haryana, for the appellants. None for the respondents. AJAY KUMAR MITTAL, J. The appellant-State of Haryana, vide notification dated 1.6.1976 issued under Section 4 of the Land Acquisition Act, 1894 (in short “the Act”) had acquired the land in village Mujessar. The Land Acquisition Collector, vide award No.1 of 1981-82 announced on 3.7.1981, assessed the market value of the acquired land at the rate of Rs.30,000/- per acre. On reference by the landowners under Section 18 of the Act, the reference court vide award dated 5.10.1989 assessed the market value of the acquired land at the rate of 23.50P per square yard. The claimants were also held entitled to get an amount at the rate of 12% per annum on such market value for the period from the date of publication of the notification under Section 4 of the Act, up to the date RFA No. 2084 of 1990 -2- of the award of the Collector or the date of taking possession of the land, whichever was earlier and solatium at the rate of 30% on the said market value. Besides that, the landowners were also held entitled to interest at the rate of 9% per annum on the above said amount of compensation, from the date of taking of possession for one year and thereafter at the rate of 15% per annum, till the date of payment. Learned State counsel submits that by the award dated 5.10.1989 passed by the reference court, the claimants have been held entitled to additional amount at the rate of 12% on the market value for the period from the date of the award of the Collector or date of taking possession of the land, whichever was earlier in terms of Section 23 (1- A) of the Act, as amended. According to the learned State counsel, the claim in the instant appeal is being restricted only with regard to the award of additional compensation under Section 23 (1-A) of the amended Act as the Land Acquisition Collector had given award No. 1 on 3.7.1981, i.e. prior to the amendment of 1982, and, therefore, the landowners were not entitled to the benefit available under Section 23 (1-A) of the Act. This Court in judgment dated 29.7.2009 in RFA No. 284 of 1990 titled as Sham Sarup and another v. State of Haryana and others, has held that where the award passed by the Land Acquisition Collector was prior to the introduction of the Bill on 30.4.1982, the landowners-claimants were not entitled to the benefit of Section 23 (1- A) of the amended Act. Accordingly, the award of additional compensation in terms of Section 23 (1-A) of the amended provisions to the landowner-claimants in the present case is set aside. RFA No. 2084 of 1990 -3- Consequently, the award dated 5.10.1989 passed by the reference court is modified to the extent that the claimants shall be entitled to all statutory benefits except the one provided under Section 23 (1-A) of the Act. With the aforesaid modification, the present appeal stands partly allowed. No costs. September 7, 2009 (AJAY KUMAR MITTAL) gbs JUDGE