1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA Nos. 110 of 2016 a/w RFA No. 313, Date of Decision: 1st August, 2025 1. RFA No. 110 of 2016 LAC and others ……appellants Versus Parkash Chand and others ……Respondents 2. RFA No. 313 of 2016 LAC and others ……appellants Versus Prem Devi and others ……Respondents __________________________________________________________ Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the appellant(s) : Mr. Manish Thakur, Deputy Advocate General. For the respondent(s) : Mr. Chander Shekhar Thakur, Advocate. Bipin Chander Negi, Judge(oral) The present appeals have arisen out of a common Section 4 notification, common award passed by the Land Acquisition Collector, but in different reference petitions bearing No. 8-N/4 of 2010 and 10- 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 N/4 of 2010 instituted on 17.3.2010 decided on 26.9.2015, whereby two petitions filed under Section 18 of the Land Acquisition Act preferred by the present respondents against the award bearing No. 12 dated 19.9.2009 passed by the Land Acquisition Collector, HPPWD, South Zone, Winter Field, Shimla have been allowed. The award passed by the collector has been modified to the extent that the award based on the land classification has been held to be bad & uniform rate has been awarded for the land acquired. 2. Land in the case at hand was acquired for the purpose of construction of Maryog, Narag, Dharyar Road. Admittedly, in the case at hand, a notification under Section 4 was issued on 28.5.2007. Thereafter notification under Sections 6 & 7 were issued on 29.4.2008, which were published in the Rajpatra on 30.6.2007. Subsequent thereto, award bearing No. 12/2009 was passed by the Land Acquisition Collector on 19.9.2009. 3. It is a further admitted position in the case at hand that the road in question for which the land was acquired had already been constructed in the year 1980. The sole grievance of the appellant in the case at hand is with respect to grant of the following relief by the Reference Court, which reads as follows:- c). Interest @ 9% per annum on amount of compensation from the date of taking possession of the land till the expiry of the period of one year therefrom and thereafter 15% per annum till the date of payment/deposit of the amount. 3 4. It is contended on behalf of the appellant that under the Land Acquisition Act, interest can be granted under Sections, 28 & 34 of the Land Acquisition Act. A plain reading of Section 34 shows that interest is payable only if the compensation which is payable is not paid or deposited before taking possession. The question of payment or deposit of compensation only arises if there is an acquisition proceeding. In a case where possession is taken prior to the acquisition proceedings, a party may have a right to claim compensation or interest but such a claim would not be either under Section 34 or Section 28. Interest under the aforesaid sections would only start running from the date the compensation is payable. Normally in the type of cases in hand, such interest would be awarded from the date of Notification under Section 4. In this respect, a reference has been made to authoritative pronouncement of the Apex Court in (2004) 4 SCC 79 titled as R.L. Jain (D) by LRs vs. DDA and others and (2004) 9 SCC 337 titled as Lila Ghosh (Smt.) (Dead) through LR. Tapas Chandra Roy vs. State of W.B and another. 5. I see force in the argument of the appellant. Hence, the present appeal is partly allowed. The reference award under challenge is modified to the extent that the relief awarded therein, in terms of relief (C) is modified to the extent that the interest awarded therein shall be 4 payable from the date of Section 4 notification in the case at hand i.e. 28.5.2007 and not from the date of taking possession. 6. No other contention has been raised to be answered by this Court. In view of the aforesaid, the appeals stand disposed of, so also the pending miscellaneous, applications if any. ( Bipin Chander Negi) 01 August, 2025 (tarun) Judge