Himachal Pradesh High Court
CMPMO/334/2006 of EXECUTIVE ENGINEER,TLSC. Vs DURGA on 29 December 2008
COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.334 of 2006. Date of decision:29.12.2008 Executive Engineer … …Petitioner Versus Durga & Others … …Respondents Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Petitioner:
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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CMPMO No.334 of 2006.
Date of decision:29.12.2008
Executive Engineer
… …Petitioner
Versus
Durga & Others
… …Respondents
Coram
The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?[1]No.
For the Petitioner:
Mr.Sandeep Sharma, Assistant Solicitor General of India.
For Respondents 1 to 9: Mr.T.S. Chauhan, Advocate.
For Respondent No.10:
Ms.Ruma Kaushik, Additional Advocate General.
Dev Darshan Sud,J.
The petitioner herein is aggrieved by the order passed by the learned executing Court wherein the petitioner has been asked to deposit interest under the provisions of the Act prior to the publication of Notification under Section 4 of the Land Acquisition Act.
InL.A.C. vs. Ratti Ram, Latest HLJ 2008 (HP) 104, this Court, on the basis of judgments passed by the Supreme Court as also by this Court, held that interest was payable from the date of publication and not from the date of taking possession of the land. This point is no longer res integra. The learned Executing Court is, therefore, directed to ensure that 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes.
the award is executed only in accordance with the directions as passed in the judgment as aforesaid. On the second aspect of the matter, if the date of taking possession is earlier in point of time, it will be open to the claimants-respondents to establish their claim for use and occupation of the land before the learned Reference Court for which purpose, the claimants-respondents as well as the petitioner herein 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 claimant, petitioner herein, prior to notification under Section 4 of the Act will be allowed. As and when such application is moved before the learned Reference Court, it shall be determined in accordance with law. This petition is disposed of with these directions. All interim orders are vacated. All miscellaneous applications shall stand disposed of. There shall be no order as to costs.
Parties to appear before the learned District Judge, Bilaspur on10[th] March, 2009.
December 29, 2008. (aks)
(Dev Darshan Sud) Judge