STATE OF HARYANA Vs. LABH SINGH

JUDGEMENT

(1.) The State is in appeal seeking reduction in the compensation awarded to the land owners for the acquired land. Briefly, the facts of the case are that vide notification dated 17.6.1994, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana acquired 1.99 acres of land, situated in village Munak Kheri (Hadbast No. 71), District Karnal, for construction of Escape Regulator at RD 143825 left of W.J.C. Main Branch. The same was followed by notification dated 28.7.1994, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') vide award dated 22.7.1996, assessed the compensation @ 1,60,000.00 per acre. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below held the land owners entitled to interest @ 6% per annum from November, 1978 till 1984 and thereafter @ 9% per annum for one year and for the period subsequent thereto @ 15% per annum. It was for the reason that the possession of the land was taken in the year 1978.

(2.) The only ground on which the award of the learned court below is sought to be impugned by the State is that the interest was awarded to the land owners for the period prior to the issuance of notification under Section 4 of the Act on account of the fact that it had been established on record that possession of the land had been taken in the year 1978, whereas the notification was issued on 17.6.1994. The submission is that the land owners cannot be awarded interest for this period, as there is no provision under the Act providing for the same. On the other hand, learned counsel for the land owners submitted that it is a case which clearly shows highhandedness on the part of the State where possession of the land was taken by it way back in the year 1978, but no amount of compensation was paid. In fact, when possession of the land was taken by the State, for payment of compensation, the land owners had to file a civil suit No. 268 of 1991, which was decreed on 28.10.1991. In the written statement filed in the aforesaid suit, it was admitted by the State that possession of the land had been taken in the year 1978. The respondent-State in the aforesaid judgment was directed to complete the necessary formalities and announce the award qua the land within a period of six months. However, it was only after filing of the execution by the land owners and passing of the order therein on 30.5.1996 that the award came to be passed on 22.7.1996. If for the intervening period, the land owners have been compensated. No fault can be found with the same, as the respondents-land owners are entitled to be compensated for illegal possession of land by the State.

(3.) After hearing learned counsel for the parties, considering the admitted facts on record, I do not find any reason to interfere with the impugned award. It is a fact established on record that possession of the land was taken by the State in the year 1978. The land owners had to approach the civil court even for getting the compensation. Even after passing of the decree on 28.10.1991, still no award was announced. Notification under Section 4 of the Act was issued only on 17/6/1994 and the award was pronounced after the land owners filed execution and order was passed therein on 30/5/1996. The award came to be announced by the Collector on 22/7/1996. If for the intervening period, the land owners have been compensated by calculating the amount in the manner, it has been done by the learned court below. Considering the highhandedness on the part of the State, I do not find any reason to interfere at this stage. Accordingly, the appeal is dismissed.