RFA No.980 of 1990 1 In the Punjab and Haryana High Court,at Chandigarh. RFA No. 980 of 1990 Decided on November 17,2008. Haryana State through the Collector, and another --- Appellants vs. Smt.Kela Devi and others ---Respondents Present: Mr. Rajiv Kawatra, Sr. D.A.G, Haryana, for the appellants. None for the respondents. Rakesh Kumar Jain,J: Land in village Ankhir was notified under Section 4 of the Land Acquisition Act, 1894 (for short,'the Act') on 13.8.1975, for a public purpose, namely for the construction of Sewerage and Storm Water Drainage Scheme for Sectors 24 and 25 at Faridabad. The Land Acquisition Collector vide award No.9 for the year 1976-77 dated 11.6.1976,assessed the market value of the acquired land @ Rs.10,880/- per acre. The land owners/respondents filed objections against the award under Section 18 of the Act rendered by the Collector for the purpose of re- determination of the market value. In controversion, the appellants-State of Haryana alleged that the Collector has already given just and adequate compensation, which does not call for any further enhancement. The respondents/claimants examined PW-1 Smt. Giatri Devi, RFA No.980 of 1990 2 who produced copy of judgment Ex. PW2. On the other hand, the appellant- State tendered in evidence a copy of the judgment Ex. R-1. After examining the evidence on record, the learned Reference Court assessed the market value of the acquired land @ Rs.6/- per square yard and had also awarded 12% interest per annum on the market value for the period from the date of publication of notification under Section 4 of the Act up to the date of award of the Collector or the date of taking possession of the land whichever is earlier with solatium @ 30% on the above said market value. Besides that the respondents/claimants were also held entitled to interest @ 9% per annum on the aforesaid amount from the date of taking of possession till the expiry of one year and thereafter @ 15% per annum till the date of payment. The only argument raised by the learned counsel for the appellants is that the respondents/claimants are not entitled to the statutory benefits in terms of the amended Act in view of the fact that the Collector has pronounced his award on 11.6.1976 prior to 30.4.1982. In this regard, learned counsel for the appellants has relied upon Krishi Utpadan Mandi Samiti Bulandshahr etc. vs. Ganga Sahai & Ors.etc .JT 1996 (7) S.C.120 in which the Apex Court has held as under:- “The claimants are not entitled to the enhanced solatium and interest and also the additional amount since the reference Court had made the award and decree on September 15,1979 that is much earlier to the introduction of the Amendment Act 68/1984. Therefore, the enhancement of 30% solatium, interest at 9% for one year from the date of taking possession and 15% thereafter till date of deposit and also of additional RFA No.980 of 1990 3 amount under Section 23 (1-A) stands set aside. Instead, the claimants will be entitled to solatium at 15% and interest at 6% on enhanced compensation from the date of taking possession till date of deposit is ordered by this Court in the interim order”. In view of the settled law, the appeal filed by the State of Haryana is allowed. The award of learned Additional District Judge (1), Faridabad dated 15.9.1989, is modified to the extent that the claimants are not entitled to the enhanced solatium and interest and also the additional amount as envisaged under the amended Act 68/1984. Therefore, the award of solatium @ 30% on the market value, interest @ 9% per annum from the date of taking possession till the expiry of one year and thereafter 15% per annum till the date of deposit as also the additional amount under Section 23 (1-A) of the Act stand set aside. However, the claimants will be entitled to solatium @ 15% per annum and interest @ 6% on enhanced compensation from the date of taking possession till the date of deposit. November 17,2008 (Rakesh Kumar Jain) RR Judge