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Himachal Pradesh High Court · body

2019 DIGILAW 910 (HP)

Collector, Land Acquisition v. Room Singh

2019-07-10

VIVEK SINGH THAKUR

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JUDGMENT : Vivek Singh Thakur, J. All these appeals arising out of common Award passed by the Reference Court in Reference Petitions preferred by land owners, being decided by this common judgment, as common question of law and facts involved therein is to be determined by appreciating the common evidence recorded in the lead case i.e. Reference Petition No. 21 of 2009, titled as Room Singh and others Vs. Collector Land Acquisition and others. 2. It is undisputed that land under acquisition was acquired by respondent-State for the construction of 'Bhuntar Garsa Road', by invoking the provisions of Land Acquisition Act, 1984 (hereinafter referred to as 'the Act'), after issuance of Notification dated 28.10.2003 under Section 4 of the Act. It is also an admitted fact that possession of the land was taken on 5.8.2002 prior to issuance of Notification under Section 4 of the Act. 3. After completing the process under the Act, Land Acquisition Collector had assessed the market value of land by passing Award No. 10 dated 10.8.2007, whereby he had awarded different rates for various land under acquisition on the basis of its classification ranging from Rs.2,830/- to Rs.80,400/- per bigha. 4. In Reference Petition preferred by land owners for enhancement of the compensation, Reference Court has determined the value of land @ Rs.72,270/- per bigha, uniformly for all categories of land, irrespective of its classification, along with statutory benefits. The Reference Court has awarded the interest @ 9% per annum from the date of taking over possession of the land. 5. The present appeals have been preferred only on one ground that Reference Court has committed a mistake by awarding the interest from the date of taking of the possession instead of from the date of issuance of Notification under Section 4 of the Act. 6. Undisputedly, it is settled law of the land that interest under the Land Acquisition Act is to be awarded from the date of Notification under Section 4 of the Act and not from the date of possession. Reference Court has committed a mistake by awarding interest from the date of possession. 7. 6. Undisputedly, it is settled law of the land that interest under the Land Acquisition Act is to be awarded from the date of Notification under Section 4 of the Act and not from the date of possession. Reference Court has committed a mistake by awarding interest from the date of possession. 7. In case the possession is taken prior to the date of Notification, the land owners have remedy to claim damages or ask for compensation by claiming it separately either in the land acquisition proceedings or by way of separate suit or any other proceedings available for this, which is not the case in the present cases, as land owners have not claimed for that. Therefore, in view of the facts and circumstances, present appeals are allowed and Award passed by Reference Court is modified to the extent that land owners shall be entitled for interest from the date of Notification issued under Section 4 of the Act i.e. 28.10.2003 and not from the date of taking of possession. Rest of the Award shall remain the same. Pending miscellaneous applications, if any, also stand disposed of.