LAWS(HPH)-2009-12-92

LAC Vs. ROSHAN LAL

Decided On December 04, 2009
LAC Appellant
V/S
Roshan Lal; Narda Devi Respondents

JUDGEMENT

(1.) 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 "Ëœthe Act "â„¢) 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: