LAND ACQUISITION COLLECTOR Vs. SODHA DEVI

JUDGEMENT

(1.) A road known as ''Nohra-Deva Manal Bharari Punner road'' was constructed by the H.P. P.W.D. in the year 1974, but without initiating any acquisition proceedings. Lands belonging to the respondents herein, who shall hereinafter be referred to as ''claimants'', were utilized for construction of the said road. Lateron a notification under Section 4 of the Land Acquisition Act, 1894 (in short the Act) was issued by the appellants-State and the same was published on 6.8.1988. The amount of compensation awarded by the Land Acquisition Collector was accepted by the claimants under protest as according to them they were not adequately compensated. Thereafter, they applied to the Land Acquisition Collector for making a reference to the Court under Section 18 of the Act. On references having been made, the learned District Judge enhanced the amount of compensation and proceeded to grant the following reliefs to the respondents vide a common award dated 28.7.2001 passed in Land Reference Case No. 11-N/4 of 1991, titled Ujagar Singh versus Land Acquisition Collector and another and the connected matters:-

(2.) Being aggrieved, the appellants-State carried the matter in appeal to this Court by way of RFA Nos. 69, 70, 71, 72, 73, 74, 75 and 76 of 2004, which came to be disposed of vide two identical orders dated 5.3.2004, one being a common order passed in CMP (M) No.790 of 2003 (RFA No. 69 of 2004), CMP (M) No. 791 of 2003 (RFA No. 70 of 2004), CMP (M) No. 792 of 2003 (RFA No. 71 of 2004), CMP (M) No. 793 of 2003 (RFA No. 72 of 2004), CMP (M) No. 795 of 2003 (RFA No. 74 of 2004), CMP (M) No. 796 of 2003 (RFA No. 75 of 2004) and CMP (M) No. 797 of 2003 (RFA No. 76 of 2004) and the other in CMP (M) No. 794 of 2003 (RFA No. 73 of 2004). The common order dated 5.3.2004 reads as under:-

(3.) By filing these review petitions, the appellants-State is seeking review of the aforesaid orders dated 5.3.2004 on the ground that the Reference Court has awarded interest to the claimants from the date of taking over possession of lands, that is, 16.7.1974 instead of the date of notification, that is, 6.8.1988 in violation of Section 23 (1A) of the Act, which reads as under-