RFA-106-2020 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-106-2020 Smt. Meena Kumari Shankaran ...Appellant Versus Land Acquision Collector and others ...Respondents Reserved on: 06.05.2026 Pronounced on: 07.05.2026 Pronounced fully/opera3ve part: Fully CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Argued by: Ms. Maninee, Advocate for Mr. Sandeep Sharma, Advocate for the appellant. **** DEEPAK GUPTA, J. The land belonging to the appellant situated in Village Chauma, District Gurugram, along with the land of other landowners, was acquired by the State of Haryana vide Award No.66 dated 23.12.2009. The Land Acquision Collector assessed compensaon at the rate of ₹60,00,000/- per acre. The appellant sought a reference under Secon 18 of the Land Acquision Act, 1894 by moving an applicaon before the Collector on 16.10.2015. 2. The respondents opposed the maintainability of the reference on the ground of limitaon. Learned Reference Court, however, vide award dated 08.04.2019, held the reference to be within me a7er recording a finding that the respondents had failed to prove that the appellant had either actual or construcve knowledge of the award. It was also noced that neither the appellant nor her representaves were present at the me of announcement of the award and no noce under Secon 12(2) of the Act had been served upon her. YOGESH MEHTA 2026.05.07 14:30 I attest to the accuracy and integrity of this document RFA-106-2020 [2] 3. While determining compensaon, it was noced by the reference court that this Court, while deciding appeals filed by other landowners arising out of the same acquision proceedings, had enhanced the compensaon to ₹4,78,05,588/- per acre along with all statutory benefits. However, the said determinaon was modified by Hon’ble Supreme Court on dated 05.09.2017 in Civil Appeal No.11814-11864 of 2017 tled State of Haryana and others etc. vs. Ram Chander and another etc, whereby the compensaon awarded by this Court was reduced by 15%. Consequently, the market value of the acquired land stood re-determined at ₹4,06,34,749.80/- per acre along with statutory benefits. However, the appellant was denied interest for the period from the date of award ll the filing of the reference peon. 4. Aggrieved by the denial of interest of the above period, the present appeal has been filed seeking grant of interest for the aforesaid period as well as further enhancement in compensaon. 5. Learned counsel for the appellant contends that once the Reference Court itself had held that the appellant had no knowledge of the award and that mandatory noce under Secon 12(2) of the Act had not been served, denial of statutory interest for the intervening period was wholly unjusfied. It is further argued that the acquired land possessed immense commercial potenal and deserved higher compensaon. Learned State counsel, on the other hand, supports the impugned award. 6. This Court has considered the rival submissions and perused the record. 7. As regards the claim for further enhancement, the issue no longer survives for adjudicaon. The compensaon payable in respect of the present acquision already stands conclusively determined by Hon’ble Supreme Court in State of Haryana and others vs. Ram Chander and YOGESH MEHTA 2026.05.07 14:30 I attest to the accuracy and integrity of this document RFA-106-2020 [3] another (supra). Since the Reference Court has assessed compensaon strictly in terms thereof, no further enhancement is called for. 8. However, this Court finds substance in the grievance raised regarding denial of interest. The Reference Court had categorically held that the appellant neither had knowledge of the award nor had been served with noce under Secon 12(2) of the Act. Once such finding was returned, the appellant could not have been deprived of statutory interest for the period preceeding the filing of the reference peon. The delay in approaching the Collector having been held sufficiently explained on account of absence of noce and knowledge, denial of interest for the same period is legally unsustainable. Statutory interest forms an integral part of compensaon and cannot be withheld in the absence of any fault aEributable to the claimant. 9. Accordingly, the impugned award is modified to the extent that the appellant shall also be entled to statutory interest from the date of award of the Land Acquision Collector ll the filing of the reference peon, besides all other statutory benefits already granted. In all other respects, the award passed by the Reference Court is affirmed. The appeal stands disposed of in the above terms. 07.05.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No Uploaded on: 07.05.2026 YOGESH MEHTA 2026.05.07 14:30 I attest to the accuracy and integrity of this document