CIVIL APPEAL 28 of 2010 on 16 December 1994

1. RFA No. 28 of 2010State of Himachal Pradesh through Principal Secretary PWD to the Government of H.P. & others …Appellants VersusHari Singh … Respondent 2. RFA No. 29 of 2010State of Himachal Pradesh through Principal Secretary PWD to the Government of H.P. & others …Appellants VersusDwarku & others … Respondents 3. RFA No. 30 of 2010State of Himachal Pradesh through Principal Secretary PWD to the Government of H.P. & others …Appellants VersusKuldeep Kumar & others … Respondents 4. RFA No. 31 of 2010State of Himachal Pradesh through Principal Secretary PWD to the Government of H.P. & others …Appellants VersusRoop Chand & others … Respondents 5. RFA No. 32 of 2010State of Himachal Pradesh through Principal Secretary PWD to the Government of H.P. & others …Appellants VersusMoti Ram & others … Respondents

6. RFA No. 33 of 2010

State of Himachal Pradesh through Principal Secretary PWD to the Government of H.P. & others …Appellants to the Government of H.P. & others …Appellants VersusHardev … Respondent 7. RFA No. 34 of 2010State of Himachal Pradesh through Principal Secretary PWD to the Government of H.P. & others …Appellants VersusRamalu & others … Respondents 8. RFA No. 35 of 2010State of Himachal Pradesh through Principal Secretary PWD to the Government of H.P. & others …Appellants VersusJagdish Chand & another … Respondents 9. RFA No. 36 of 2010State of Himachal Pradesh through Principal Secretary PWD to the Government of H.P. & others …Appellants VersusBrij Lal & another … Respondents 10. RFA No. 37 of 2010State of Himachal Pradesh through Principal Secretary PWD to the Government of H.P. & others …Appellants VersusNarsinghu … Respondent Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?[1] No. Whether reporters of Local Papers may be allowed to see the judgment?

For the appellant :Mr. Shrawan Dogra, Advocate General with Mr. Ram Murti Bisht and Mr. R. S. Verma, Addl. Advocate Generals for the appellants-State. Mr. Ram Murti Bisht and Mr. R. S. Verma, Addl. Advocate Generals for the appellants-State.

For the respondent : Mr. Surender Verma, Advocate, for the respondents in RFA Nos. 28/2010, 29/2010, 32/2010, 33/2010, 34/2010, 35/2010 and 36/2010. Mr. Neel Kamal Sood, Advocate, for the respondents in RFA Nos. 30/2010 and 31/2010. respondents in RFA Nos. 28/2010, 29/2010, 32/2010, 33/2010, 34/2010, 35/2010 and 36/2010. Mr. Neel Kamal Sood, Advocate, for the respondents in RFA Nos. 30/2010 and 31/2010.

Sanjay Karol, J. (oral)

The only issue involved in the present appeals is the date from which the claimants are entitled to interest under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’). 2.It is not in dispute that for public purpose namely for the construction of ‘Chowki – Dumat Road’ claimants land came to be acquired vide publication of notification in the Official Gazette on 16.12.1994, so issued under Section 4 of the Act. In terms of the common impugned Award dated 30.5.2009, passed by Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P., in Reference Petition No. 46/2003,01/2005, titled as Hari Singh vs. The Land Acquisition Officer, Mandi, & another, alongwith other connected matters, interest stands awarded in favour of the claimants from the date of taking over possession of the acquired land which, in the instant case, was taken over prior to the commencement of the acquisition proceedings.

3. It is contended on behalf of the State that Court below could not have awarded interest from the date prior to the issuance of notification under Section 4 of the Act.

4. This issue is no longer res integra and stands conclusively decided by the Apex Court in Sunder Versus Union of India, (2001) 7 SCC 211 and a Coordinate Bench of this Court in Land Acquisition Collector Versus Kaila and others, 2010 (1) Shim.LC 25, wherein it is held that the interest for the acquired land is to be paid only under the provisions and in terms of the Act, which would become applicable only with the publication of the notification under Section 4 of the Act.

5. As such, impugned award dated 30.5.2009, passed by Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P., in Reference Petition No. 46/2003,01/2005, titled as Hari Singh vs. The Land Acquisition Officer, Mandi, & another, alongwith other connected matters, is modified to the extent that the claimants shall be entitled to interest @ 9% for a period of one year from the date of publication of notification under Section 4 of the Act in the Official Gazette which is 16.12.1994 and thereafter @ 15% till deposit/payment, in accordance with law.

With the aforesaid observations, present appeals stand disposed of, so also pending application(s), if any.

January 5 , 2017 (PK)

(Sanjay Karol), Judge.