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2009 DIGILAW 1218 (HP)

LAC AND ANOTHER v. ROSHAN LAL

2009-12-04

DEV DARSHAN SUD

body2009
JUDGMENT Dev Darshan Sud, J.- Both these appeals are being disposed of together by a common judgment as arise out of the same award. Only point urged by the Ld. Advocate General in the case is that the learned Reference Court was wrong in awarding interest from the date of possession and not from the date of notification. The date of notification Under Section 4 of the Land Acquisition (hereinafter to be referred as ‘the Act’) is 1894. This point is no longer res integra. This case is covered by the judgment of this Court in L.A.C and Avinder Singh and anothers, Latest HLJ 2008 (HP) 1891. 2. Following the law settled by Supreme Court I have held that interest can only be awarded from the date of notification Under Section 4 of the Act and not from the date of taking possession. Admittedly, in this case the date of notification Under Section 4 of the Act is 22.10.1981. These appeals are, therefore, remanded with the following directions: (i) the appeals are remanded to the Reference Court, i.e, the Court of learned District Judge, Solan. (ii) On remand, the Reference Court will redetermine the compensation in accordance with the decision in Narotam Ram v. Land Acquisition Collector and others (2002 (3) Shim. L.C. 45); Siddappa Vasappa Kuri and another v. Special Land Acquisition Officer and another, (2002) 1 SCC 142) and R.L. Jain (D) by LRs. V. DDA and others (2004) 4 SCC 79) and Land Acquisition Officer vs. Hemanagouda and others (2005) 12 SCC 443. (iii) The claimants will be at liberty to establish their claim to establish their claim for reimbursement of money/compensation for use of their property by the State without recourse to proceedings under the Act. For this purpose, the claimants as well as the State 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 claimants by the State prior to notification under Section 4 of the Act will be allowed. (iv) No evidence will be required for proving the date of taking possession which stands established from the record. 3. (iv) No evidence will be required for proving the date of taking possession which stands established from the record. 3. Parties are directed to appear before the Court of learned District Judge, Solan, on 21st of December, 2009 which shall dispose of the case within six months of the date of first appearance by the parties. Registry is directed to send the entire record of the appeals to the learned Court below. It is clarified that award shall remain confined only to the extent as indicated above. The other part of the award shall not be changed. Parties to bear their own costs.