COLLECTOR, LAND ACQUISITION, MANDI Vs. JAGDISH CHAND

JUDGEMENT

(1.) This is a regular first appeal filed by the appellants under Section 54 of the Land Acquisition Act, 1894, hereinafter referred to as "Ëœthe Act "â„¢, against the award passed by the learned Additional District Judge, Mandi, dated 31.7.2000, in reference petition No.2 of 1993. Briefly stated the facts of the case are that the land of the respondents was situated in Mohal Kapahi, Tehsil Sundernagar, District Mandi. The State of H.P. issued a notification under Section 4 of "Ëœthe Act "â„¢ for acquisition of the land for construction of Sundernagar- Lada road. The said notification was published in the Rajpatra on 1.7.1989 and the same was also published in the newspapers. The land was acquired by the State. The Land Acquisition Collector entered into a Reference and vide his award dated 11.12.1992 awarded compensation as under:

(2.) I have heard the learned counsel for the parties and have gone through the record of the case.

(3.) The second point taken by the learned Assistant Advocate General for the appellants was that the interest has been wrongly awarded from the date of taking of possession, though the Hon "â„¢ble Apex Court has already laid down the law that the interest is not payable prior to the issuance of the notification under Section 4 of "Ëœthe Act "â„¢ and as such, the appeal deserves to be allowed accordingly.