ROSHAN LAL Vs. STATE

JUDGEMENT

(1.) Some property belonging to Roshan Lal, resident of village Sothal, Tikka Mann, was acquired under the provisions of the Land Acquisition Act, 1894, (for brief, "the Act"), for construction of Pong Dam over river Beas at Talwara. An award was made by the Land Acquisition Collector on May 25, 1971. The claimant was not satisfied with the amount awarded and sought a reference under section 18 of the Act. The reference came to be decided by the learned Additional District Judge on December 18, 1973. The amount of compensation was enhanced at the rates mentioned in the order of the learned Judge. It was also directed that 15% by way of solatium for compulsory nature of the acquisition and interest at the rate of 6% per annum on the enhanced amount of compensation from the date of the Collectors award till the date of payment was also payable to Roshan Lal.

(2.) Feeling aggrieved by the enhancement in compensation, the State of Himachal Pradesh filed Regular First Appeal No. 48 of 1974 in this Court. The claimant, namely, Roshan Lal, filed a cross -objection. It appears that when the first appeal was heard and decided by this Court by its judgment dated December 26, 1977, the fact that a cross -objection had been filed by Roshan Lal was not brought to the notice of the Court. Later, Roshan Lal made an application in this Court that the cross -objection be also heard and disposed of. On direction to that effect, the cross -objection was kept alive for decision. It has now come up before us for disposal.

(3.) Several grounds have been mentioned in the cross -objection. However, what has been urged before us by the learned Counsel for Roshan Lal is that interest on the amount of compensation from the date of Notification under section 4 of the Act should have been allowed to Roshan Lal. This amount has been quantified at Rs. 12,500.