IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 161 of 2003 Decided on 16.03.2010 L.A.C & Another ..…Appellants. Versus Rameshwar Prasad and Others …..Respondents. Coram The Hon’ble Mr. Justice V.K. Sharma, J. Whether approved for reporting? Yes. For the appellants: Mr. R.P. Singh Assistant Advocate General. For respondents No. 8 to 11: Mr. Sunil Mohan Goel, Advocate. V.K. Sharma, Judge (Oral) Mr. Sunil Mohan Goel, Advocate, learned counsel for respondents No. 8 to 11, has produced a self attested copy of judgment dated 11.12.2009, passed by this court in RFA No. 80/2004 alongwith RFA Nos. 198/2004 and 336/2004. Its perusal would go to show that the present appeal is also a covered matter, arising out of the same notification dated 17.10.1994. This factum is also verified after calling the record of RFA No. 80/2004, titled L.A.C & Another Vs. International Rorick Memorial Trust & Others, decided on 11.12.2009. However, the learned Assistant Advocate General appearing on behalf of the appellants has pointed out that the reference court vide its award dated 1.5.2003, has allowed interest @ 12% per annum on the enhanced additional acquisition charges under Section 23 (1-A) and compulsory acquisition charges under Section 23 (2) of the Land Acquisition Act (for short `the Act’), ------------------------------------------------------------------------------ 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 from the date of publication of the notification to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. However, the direction to this effect is contrary to the settled legal position as enunciated by the Hon’ble Supreme Court in Siddappa Vasappa Kuri and Another Vs. Special Land Acquisition Officer and Another, (2002) 1 Supreme Court Cases 142, holding that interest shall be payable only from the date of notification and not from the date of taking possession of the land. To this extent there is no mention in the aforesaid judgment dated 11.12.2009, of this court in RFA No. 80/2004 and the batch matters. It appears that perhaps this aspect of the matter remained unnoticed. It being so, subject to the modification that the aforesaid interest on the amount of additional acquisition charges under Section 23(1-A) and solatium under Section 23(2) of the Act shall be payable from the date of notification, i.e 17.10.1994 and not from the date of taking possession of the acquired land, the present appeal is disposed of in terms of the aforesaid judgment dated 11.12.2009, of this court in RFA No. 80/2004 alongwith RFA Nos. 198/2004 and 336/2004. The appeal stands disposed of in the above terms. The trial court record be sent back. (V.K. Sharma) Judge. 16th March, 2010. Lsp*