RSA No. 4055 of 20 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Land Acquisition Collector, Panchkula, Haryana Chetan Singh & Ors. CORAM : HON’BLE MR. JUSTICE DEEPAK GUPTA Argued by:- Mr. For the appellant. Mr. Sanjiv Gupta, Advocate For the respondents. DEEPAK GUPTA, J. It is defendant's second appeal against the concurrent findings of the courts below, inasmuch as suit seeking unliquidated damages and mandatory injunction filed herein) was decreed by affirmed by the First Appellate dismissing the appeal of the defendant 2. To avoid confusion, parties shall be referred as per the status before the trial 3. The admitted facts are that land of the plaintiffs was acquired for setting up Sector 32 Section 4 of the Land Acquisition Act, 1894, under Section 6 of Due to dispute regarding entitlement between the co paid to the plaintiffs. of 2017 Page N: 1 of 8 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Land Acquisition Collector, Panchkula, Haryana Versus & Ors. CORAM : HON’BLE MR. JUSTICE DEEPAK GUPTA Mr. Gaurav Garg, AAG Haryana For the appellant. Mr. Sanjiv Gupta, Advocate For the respondents. *** DEEPAK GUPTA, J. It is defendant's second appeal against the concurrent findings of courts below, inasmuch as suit seeking unliquidated damages and mandatory injunction filed by plaintiffs Chetan Singh and others was decreed by the trial Court on 06.03.2014, and the said findings were affirmed by the First Appellate Court vide judgment dated 13.02.2017, while dismissing the appeal of the defendant-appellant. To avoid confusion, parties shall be referred as per the status the trial Court. The admitted facts are that land of the plaintiffs was acquired for setting up Sector 32-33 Urban Estate, Karnal. Pursuant to notification under Section 4 of the Land Acquisition Act, 1894, followed by subsequent notification under Section 6 of the Act, award N: 23 was passed Due to dispute regarding entitlement between the co the plaintiffs. Defendants neither deposit IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 4055 of 2017(O&M) Reserved on: 27.08.2025 Pronounced on:02.09.2025 Land Acquisition Collector, Panchkula, Haryana …Appellant …Respondents CORAM : HON’BLE MR. JUSTICE DEEPAK GUPTA It is defendant's second appeal against the concurrent findings of courts below, inasmuch as suit seeking unliquidated damages and by plaintiffs Chetan Singh and others (respondents 06.03.2014, and the said findings were Court vide judgment dated 13.02.2017, while appellant. To avoid confusion, parties shall be referred as per the status The admitted facts are that land of the plaintiffs was acquired for Estate, Karnal. Pursuant to notification under followed by subsequent notification was passed by Collector on 21.12.2004. Due to dispute regarding entitlement between the co-sharers, no amount was deposited the said amount with the (O&M) Reserved on: 27.08.2025 .09.2025 Appellant Respondents It is defendant's second appeal against the concurrent findings of courts below, inasmuch as suit seeking unliquidated damages and (respondents 06.03.2014, and the said findings were Court vide judgment dated 13.02.2017, while To avoid confusion, parties shall be referred as per the status The admitted facts are that land of the plaintiffs was acquired for Estate, Karnal. Pursuant to notification under followed by subsequent notification 21.12.2004. sharers, no amount was the said amount with the JITEN SHARMA 2025.09.02 17:59 I attest to the accuracy and integrity of this document RSA No. 4055 of 20 Court as required under Section 31 of the reference under partitioning of the land amongst and sanctioned and later on, compensation to the plaintiffs on 04.08.2009. Plaintiffs claimed interest @ 18% per annum from the date of award till the date sent a legal notice dated 27.07.20 make payment of interest within 15 days, but to no effect and hence the suit. 4. The defendant objections and pleaded to pay interest @ 18% per annum. It was furt intentionally retained by the defendant. With this stand, defendant prayed for dismissal of the suit. 5. After framing necessary issues and taking evidence produced by both the parties, entitled to receive interest @ 9% per annum from the date of award of the compensation till the date of actual realization from the defendant. was further directed to make payment of the said interest within two months from the date of passing of direction that if the defendant fails to make payment months, then it will be liable to pay the interest @ 18% per 6. The Appellate Court affirmed these dismissing the appeal 7.1 Assailing the aforesaid concurrent findings, it is contended learned Government Pleader for the appellant that the respondent along with others had filed Civil Writ Petition No. 17089 of 2005 assailing the acquisition proceedings and for disposed of on 27. before the competent aut respondents-plaintiffs filed a detailed representation before the of 2017 Page N: 2 of 8 as required under Section 31 of the Land Acquisition Act nor made any reference under Section 30 of the Act and rather partitioning of the land amongst the co-sharers, mutation No. 6930 was entered and sanctioned and later on, compensation regarding the acquired lan to the plaintiffs on 04.08.2009. Plaintiffs claimed interest @ 18% per annum from the date of award till the date sent a legal notice dated 27.07.2007 upon the defendants calling upon them nt of interest within 15 days, but to no effect and hence the suit. The defendant (appellant herein) objections and pleaded that there was no provision in the Land Acquisition Act to pay interest @ 18% per annum. It was further submitted that amount was not retained by the defendant. With this stand, defendant prayed for of the suit. After framing necessary issues and taking evidence produced by both the parties, trial Court decreed the suit with to receive interest @ 9% per annum from the date of award of the till the date of actual realization from the defendant. directed to make payment of the said interest within two months from the date of passing of the judgment dated 06.03.2014 that if the defendant fails to make payment months, then it will be liable to pay the interest @ 18% per The Appellate Court affirmed these the appeal of defendant – appellant Assailing the aforesaid concurrent findings, it is contended learned Government Pleader for the appellant that the respondent others had filed Civil Writ Petition No. 17089 of 2005 assailing the acquisition proceedings and for releasing of their land. Said writ petition was disposed of on 27.10.2005 with liberty to them to file representation before the competent authority in terms of public notice. plaintiffs filed a detailed representation before the Land Acquisition Act nor made any Section 30 of the Act and rather, retained the same. After sharers, mutation No. 6930 was entered regarding the acquired land was paid to the plaintiffs on 04.08.2009. Plaintiffs claimed that they are entitled to interest @ 18% per annum from the date of award till the date of payment. They upon the defendants calling upon them nt of interest within 15 days, but to no effect and hence the suit. (appellant herein) raised certain preliminary that there was no provision in the Land Acquisition Act her submitted that amount was not retained by the defendant. With this stand, defendant prayed for After framing necessary issues and taking evidence produced by trial Court decreed the suit with costs. Plaintiffs were held to receive interest @ 9% per annum from the date of award of the till the date of actual realization from the defendant. Defendant directed to make payment of the said interest within two months the judgment dated 06.03.2014 with further that if the defendant fails to make payment of interest within two months, then it will be liable to pay the interest @ 18% per annum. The Appellate Court affirmed these findings of the trial Court, while appellant on 13.02.2017. Assailing the aforesaid concurrent findings, it is contended by the learned Government Pleader for the appellant that the respondent-plaintiffs others had filed Civil Writ Petition No. 17089 of 2005 assailing the releasing of their land. Said writ petition was to them to file representation-grievance hority in terms of public notice. Thereafter, plaintiffs filed a detailed representation before the Land Acquisition Act nor made any retained the same. After sharers, mutation No. 6930 was entered d was paid that they are entitled to of payment. They to raised certain preliminary that there was no provision in the Land Acquisition Act her submitted that amount was not retained by the defendant. With this stand, defendant prayed for After framing necessary issues and taking evidence produced by costs. Plaintiffs were held to receive interest @ 9% per annum from the date of award of the Defendant directed to make payment of the said interest within two months with further of interest within two findings of the trial Court, while by the plaintiffs others had filed Civil Writ Petition No. 17089 of 2005 assailing the releasing of their land. Said writ petition was grievance Thereafter, plaintiffs filed a detailed representation before the JITEN SHARMA 2025.09.02 17:59 I attest to the accuracy and integrity of this document RSA No. 4055 of 20 competent authority i.e., High Powered Committee, which rejected the claim of the said respondents 7.2 It is further submitted t 226 and 227 were contesting with each other regarding their share and had a partition case before the revenue authority Karnal, which decided the said case of partition and subsequently, Mutation No. 6930 wa sanctioned on 27.05.2009. After sanctioning of the said mutation, the respondents-plaintiffs approached 29.07.2009 to seek compensation amount of the to them on 04.08 already transferred their rights in the name of private builders collaboration agreement and as such the compensation amount from the Land themselves were liable 7.3 Apart from above, direction of the trial Court and as affirmed by the Appellate Cour @ 18% after two months is absolutely not justiciable. 7.4 With these submissions, and decrees passed by the Courts below and to dismiss the by allowing this appeal. 8.1 Refuting the aforesaid contentions, it is urged by learned counsel for the respondents apportionment of compensation amongst Land Acquisition Collector to deposit th Section 31 of the Land Acquisition Act and therefore, non-payment of interest. 8.2 Learned counsel for the respondents further pointed out that contention to the before Hon’ble High Court and later on 2008 by the High Power Committee, of 2017 Page N: 3 of 8 authority i.e., High Powered Committee, which rejected the claim of the said respondents on 05.09.2008. It is further submitted that the co 226 and 227 were contesting with each other regarding their share and had a partition case before the revenue authority Karnal, which decided the said of partition and subsequently, Mutation No. 6930 wa sanctioned on 27.05.2009. After sanctioning of the said mutation, the plaintiffs approached the appellant 29.07.2009 to seek compensation amount of the to them on 04.08.2009. It is further submitted that the already transferred their rights in the name of private builders collaboration agreement and as such, they were not interested in lifting compensation amount from the Land Acquisition Collector. As such, they themselves were liable for the delay and so they are not entitled to any interest. Apart from above, Ld.Government of the trial Court and as affirmed by the Appellate Cour @ 18% after two months is absolutely not justiciable. With these submissions, prayer is made to set aside the judgments and decrees passed by the Courts below and to dismiss the by allowing this appeal. Refuting the aforesaid contentions, it is urged by learned counsel for the respondents-plaintiffs that even if there was dispute regarding apportionment of compensation amongst the co Land Acquisition Collector to deposit the amount Section 31 of the Land Acquisition Act and therefore, payment of interest. Learned counsel for the respondents further pointed out that contention to the effect that plaintiffs had assailed the acquisition proceedings before Hon’ble High Court and later on their representations were decided in 2008 by the High Power Committee, is raised for the first time authority i.e., High Powered Committee, which rejected the claim of hat the co-sharers of Khewat No. 258, 119, 226 and 227 were contesting with each other regarding their share and had filed a partition case before the revenue authority Karnal, which decided the said of partition and subsequently, Mutation No. 6930 was entered and sanctioned on 27.05.2009. After sanctioning of the said mutation, the the appellant-defendant for the first time on 29.07.2009 to seek compensation amount of the acquired land, which was paid .2009. It is further submitted that the respondent-plaintiffs had already transferred their rights in the name of private builders by way of the they were not interested in lifting Acquisition Collector. As such, they for the delay and so they are not entitled to any interest. overnment Pleader further pleaded that the of the trial Court and as affirmed by the Appellate Court to pay interest @ 18% after two months is absolutely not justiciable. prayer is made to set aside the judgments and decrees passed by the Courts below and to dismiss the claim of the plaintiffs Refuting the aforesaid contentions, it is urged by learned counsel plaintiffs that even if there was dispute regarding the co-sharers, it was the duty of the e amount in the Court as required under Section 31 of the Land Acquisition Act and therefore, the appellant cannot justify Learned counsel for the respondents further pointed out that had assailed the acquisition proceedings their representations were decided in is raised for the first time before this court, authority i.e., High Powered Committee, which rejected the claim of Khewat No. 258, 119, filed a partition case before the revenue authority Karnal, which decided the said s entered and sanctioned on 27.05.2009. After sanctioning of the said mutation, the defendant for the first time on acquired land, which was paid plaintiffs had by way of the they were not interested in lifting Acquisition Collector. As such, they for the delay and so they are not entitled to any interest. leader further pleaded that the t to pay interest prayer is made to set aside the judgments claim of the plaintiffs Refuting the aforesaid contentions, it is urged by learned counsel plaintiffs that even if there was dispute regarding sharers, it was the duty of the in the Court as required under the appellant cannot justify Learned counsel for the respondents further pointed out that had assailed the acquisition proceedings their representations were decided in before this court, JITEN SHARMA 2025.09.02 17:59 I attest to the accuracy and integrity of this document RSA No. 4055 of 20 as no such stand was taken before the trial by the appellant dismissal of the appeal. 9. This court has considered submissions of both the sides appraised the re 10. As the provisions of the Land after enquiring into of the acquisition proceedings, concerned Collector is required to make an award in terms of Section 11 following:- I. the true area of the land; II. the compensation which in his opinion should be allowed for the land; and III. the apportionment of said compensation among all the persons known or believed to be interested wh have 11. Still further, Section 12 of the Act “12. Award of Collector when to be final. (1) Such award shall be filed in the Collector’s office and hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and the apportionmen of the compensation among the persons interested. (2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made 12. It is clear from the aforesaid provision that interested in the acquired of 2017 Page N: 4 of 8 as no such stand was taken before the trial Court in the by the appellant-defendant. With these submissions, praye dismissal of the appeal. This court has considered submissions of both the sides appraised the record carefully. As the provisions of the Land Acquisition Act 1894 would reveal, after enquiring into all the objections raised by the interested persons in respect of the acquisition proceedings, concerned Collector is required to make an award in terms of Section 11 of the Land Acquisition Act in the true area of the land; the compensation which in his opinion should be allowed for the land; and the apportionment of said compensation among all the persons known or believed to be interested whose claims, he has information, whether or not they have respectively appeared before him. Still further, Section 12 of the Act provides as under: Award of Collector when to be final. (1) Such award shall be filed in the Collector’s office and hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and the apportionmen of the compensation among the persons interested. The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.” It is clear from the aforesaid provision that the acquired piece of land have appeared before the Collector or Court in the written statement filed defendant. With these submissions, prayer is made for This court has considered submissions of both the sides and has Acquisition Act 1894 would reveal, all the objections raised by the interested persons in respect of the acquisition proceedings, concerned Collector is required to make an of the Land Acquisition Act in respect of the the compensation which in his opinion should be allowed for the the apportionment of said compensation among all the persons known or believed to be interested in the land, of whom, or of ose claims, he has information, whether or not they respectively appeared before him. provides as under:- (1) Such award shall be filed in the Collector’s office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and the apportionmen of the compensation among the persons interested. The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the It is clear from the aforesaid provision that whether the persons piece of land have appeared before the Collector or written statement filed for and has Acquisition Act 1894 would reveal, all the objections raised by the interested persons in respect of the acquisition proceedings, concerned Collector is required to make an respect of the the compensation which in his opinion should be allowed for the the apportionment of said compensation among all the persons in the land, of whom, or of ose claims, he has information, whether or not they shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and the apportionment The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the the persons piece of land have appeared before the Collector or JITEN SHARMA 2025.09.02 17:59 I attest to the accuracy and integrity of this document RSA No. 4055 of 20 not, award is to be final qua the true area and the apportionment of compensation among the give immediate notice of his award to such of present personally or by their representatives 13. In the present case, there is appellant nor there is an served any notice upon the plaintiff 14. Still further, Section 30 provides about dispute as to apportionment; compensation or deposit of the same in Court. “Section 30 Dispute as to apportionment has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same to any part thereof, is payable, the Court. Section 31. Payment of compensation or deposit of same in Court. (1) On making an award the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the ne (2) If they shall not consent to receive it, or if there be no person competent to alienate the land, compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: of 2017 Page N: 5 of 8 award is to be final qua the true area and the apportionment of compensation among the persons interested give immediate notice of his award to such of present personally or by their representatives, In the present case, there is neither any pleading of the defendan appellant nor there is any evidence to show that served any notice upon the plaintiffs after pronouncement of the award. Still further, Section 30 provides about dispute as to ; whereas, Section 31 provide a compensation or deposit of the same in Court. Section 30 Dispute as to apportionment- has been settled under section 11, if any dispute arises as to the apportionment the same or any part thereof, or as to the persons to whom the same to any part thereof, is payable, the Collector may refer such dispute to the decision of the Court. Section 31. Payment of compensation or deposit of same in Court. (1) On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the ne (2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the mount of the compensation in the Court to which a reference under section 18 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: award is to be final qua the true area and the apportionment of persons interested and the Collector is required to give immediate notice of his award to such of the person interested as are not when the award is made. neither any pleading of the defendan evidence to show that the appellant-defendant had after pronouncement of the award. Still further, Section 30 provides about dispute as to Section 31 provide about the payment of These provisions read as under: When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment the same or any part thereof, or as to the persons to whom the same to any the Collector may refer such dispute to the decision of Section 31. Payment of compensation or deposit of same in Court. under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section. Payment of compensation or deposit of same in Court. under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section. (2) If they shall not consent to receive it, or if there be no person competent to or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the mount of the compensation in the Court to which a reference under section Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: award is to be final qua the true area and the apportionment of and the Collector is required to the person interested as are not neither any pleading of the defendant- defendant had Still further, Section 30 provides about dispute as to bout the payment of These provisions read as under:- When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment the same or any part thereof, or as to the persons to whom the same to any the Collector may refer such dispute to the decision of under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one (2) If they shall not consent to receive it, or if there be no person competent to or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the mount of the compensation in the Court to which a reference under section Provided that any person admitted to be interested may receive such Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: JITEN SHARMA 2025.09.02 17:59 I attest to the accuracy and integrity of this document RSA No. 4055 of 20 Provided also that nothing herein contained shall affect the liability of any person, who may receive the who awarded under this Act, to pay the same to the person lawfully entitled thereto. (3) & (4) xxxxxxxxxxxxx (not relevant 15. The above provisions make it as to the apportionment of the compensation amount to the persons to whom the same or any part of the a Collector is required to refer such dispute to the decision of the court. this, as and when there is any dispute as to the title or to receive the compensation or as to the apportionment of it, the Collector is mandatorily required to deposit reference under Section 18 would be 16. In the present case, it is not the case of the appellant defendant that after pronouncement of the award, compensation amount before the court regarding apportionment between the plaintiffs and the required under Section 31 of the Act. Once it is so, defendant be allowed to escape from 17. The contention of learned counsel for the appellant that a writ petition had been filed by the plaintiffs along with others challenging the acquisition proceedings and that pursuant to the order of the High Court, representation was dispute amongst the pleadings, but even if such contention is Acquisition Collector concerned as required under Section 31 of the Act Section 18 would have been made. No such step was taken by the Land Acquisition Collector and as Government Pleader for the appellant has no force. of 2017 Page N: 6 of 8 Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto. & (4) xxxxxxxxxxxxx (not relevant).” [Bold & italicized portion emphasised by this court] The above provisions make it clear that as to the apportionment of the compensation amount to the persons to whom the same or any part of the a Collector is required to refer such dispute to the decision of the court. this, as and when there is any dispute as to the title or to receive the or as to the apportionment of it, the Collector is mandatorily d to deposit the amount of the compensation in the Court to which a reference under Section 18 would be submitted. In the present case, it is not the case of the appellant that after pronouncement of the award, amount before the court concerned on account of the dispute regarding apportionment between the plaintiffs and the required under Section 31 of the Act. Once it is so, defendant be allowed to escape from its liability to pay the interest. The contention of learned counsel for the appellant that a writ petition had been filed by the plaintiffs along with others challenging acquisition proceedings and that pursuant to the order of the High Court, was decided by the High Power Committee in 2008, or that there was dispute amongst the co-sharers regarding apportionment, is though beyond pleadings, but even if such contention is considered, it had not stopped the Land Acquisition Collector - appellant to deposit the amount before concerned as required under Section 31 of the Act ould have been made. No such step was taken by the Land Acquisition Collector and as such, the contention raised by the l Government Pleader for the appellant has no force. Provided also that nothing herein contained shall affect the liability of le or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto. [Bold & italicized portion emphasised by this court] clear that in case there is any dispute as to the apportionment of the compensation amount or any part thereof or as to the persons to whom the same or any part of the amount is payable, the Collector is required to refer such dispute to the decision of the court. Not only this, as and when there is any dispute as to the title or to receive the or as to the apportionment of it, the Collector is mandatorily the amount of the compensation in the Court to which a submitted. In the present case, it is not the case of the appellant that after pronouncement of the award, it deposited the concerned on account of the dispute regarding apportionment between the plaintiffs and the other co-sharers, as was required under Section 31 of the Act. Once it is so, defendant-appellant cannot ity to pay the interest. The contention of learned counsel for the appellant that a writ petition had been filed by the plaintiffs along with others challenging acquisition proceedings and that pursuant to the order of the High Court, was decided by the High Power Committee in 2008, or that there sharers regarding apportionment, is though beyond considered, it had not stopped the Land to deposit the amount before the Court concerned as required under Section 31 of the Act, to which the reference under ould have been made. No such step was taken by the Land such, the contention raised by the learned Government Pleader for the appellant has no force. Provided also that nothing herein contained shall affect the liability of le or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto. [Bold & italicized portion emphasised by this court] in case there is any dispute or any part thereof or as the Not only this, as and when there is any dispute as to the title or to receive the or as to the apportionment of it, the Collector is mandatorily the amount of the compensation in the Court to which a In the present case, it is not the case of the appellant- deposited the concerned on account of the dispute sharers, as was appellant cannot The contention of learned counsel for the appellant that a writ petition had been filed by the plaintiffs along with others challenging acquisition proceedings and that pursuant to the order of the High Court, was decided by the High Power Committee in 2008, or that there sharers regarding apportionment, is though beyond considered, it had not stopped the Land the Court to which the reference under ould have been made. No such step was taken by the Land earned JITEN SHARMA 2025.09.02 17:59 I attest to the accuracy and integrity of this document RSA No. 4055 of 20 18. As far as the rate of interest is concerned, Section 34 of the Land Acquisition Act, 1894 reads as under. “34. Payment of interest or deposit the amount awarded with interest thereon at the rate of [nine per centum] per annum from the time of so taking possession until it shall have been so paid or deposited: Provided that i within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date or expiry of the said period of one thereof which has not been paid or deposited before the date of such expiry.” 19. It is clear from the aforesaid provision that when the amount of compensation is not deposited on or before taking possession of the land, Collector is required to pay the interest on the awarded amount @ 9 % per annum from the date deposited. As per Section 16 immediately on announcement of the compensation is not paid or deposited within a on which the possession is taken, then interest @ 15 % per annum is payable from the date of expiry of the said period of one year on the amount compensation. 20. In the present case, it is not in dispute that award was announce on 21.12.2004 and the payment to the plaintiffs 04.08.2009. As the compensation amount to the share of the plaintiffs respondents was not deposited before appellant-defendant was required to pay period of one year with effect from 21.12.2004 annum till payment annum, which has been affirmed by the First Appellate Court. not approached this Court to seek higher rate of interest. of 2017 Page N: 7 of 8 As far as the rate of interest is concerned, Section 34 of the Land Act, 1894 reads as under. 34. Payment of interest - When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of [nine per centum] per annum from the time of so taking possession until it shall have been so paid or deposited: Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date or expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.” It is clear from the aforesaid provision that when the amount compensation is not deposited on or before taking possession of the land, required to pay the interest on the awarded amount @ 9 % per annum from the date of so taking possession until it shall have been so paid or deposited. As per Section 16 of the Act, Collector is entitled to take possession immediately on announcement of the award. Still further, in case the amount of compensation is not paid or deposited within a on which the possession is taken, then interest @ 15 % per annum is payable from the date of expiry of the said period of one year on the amount compensation. In the present case, it is not in dispute that award was announce 21.12.2004 and the payment to the plaintiffs 04.08.2009. As the compensation amount to the share of the plaintiffs respondents was not deposited before the Court concerned, therefore, the defendant was required to pay an interest @ 9 % per annum for a period of one year with effect from 21.12.2004 till payment. However, the trial Court has awarded which has been affirmed by the First Appellate Court. not approached this Court to seek higher rate of interest. As far as the rate of interest is concerned, Section 34 of the Land When the amount of such compensation is not paid ed on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of [nine per centum] per annum from the time of so taking possession until it shall have been so paid or f such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date or year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.” It is clear from the aforesaid provision that when the amount compensation is not deposited on or before taking possession of the land, required to pay the interest on the awarded amount @ 9 % per until it shall have been so paid or of the Act, Collector is entitled to take possession award. Still further, in case the amount of compensation is not paid or deposited within a period of one year from the date on which the possession is taken, then interest @ 15 % per annum is payable from the date of expiry of the said period of one year on the amount In the present case, it is not in dispute that award was announce 21.12.2004 and the payment to the plaintiffs-respondents was made on 04.08.2009. As the compensation amount to the share of the plaintiffs the Court concerned, therefore, the interest @ 9 % per annum for a period of one year with effect from 21.12.2004 and thereafter @ 15 % per . However, the trial Court has awarded interest @ 9 % per which has been affirmed by the First Appellate Court. The plaintiffs have not approached this Court to seek higher rate of interest. As such, the findings of As far as the rate of interest is concerned, Section 34 of the Land When the amount of such compensation is not paid ed on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of [nine per centum] per annum from the time of so taking possession until it shall have been so paid or f such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date or year on the amount of compensation or part It is clear from the aforesaid provision that when the amount compensation is not deposited on or before taking possession of the land, required to pay the interest on the awarded amount @ 9 % per until it shall have been so paid or of the Act, Collector is entitled to take possession award. Still further, in case the amount of ne year from the date on which the possession is taken, then interest @ 15 % per annum is payable of In the present case, it is not in dispute that award was announced respondents was made on 04.08.2009. As the compensation amount to the share of the plaintiffs- the Court concerned, therefore, the interest @ 9 % per annum for a and thereafter @ 15 % per interest @ 9 % per The plaintiffs have As such, the findings of JITEN SHARMA 2025.09.02 17:59 I attest to the accuracy and integrity of this document RSA No. 4055 of 20 the Courts below awarding interest @ 9 % per annum on the compensation amount from the date of aw 21. The defendant to pay the aforesaid interest the judgment dated 06.03.2014 interest @ 18 % per annum 22. The appellant months as per trial court judgment. However, period appears to this court to be on 23. As such, on the compensation amount payment (04.08.2009), defendant annum on this interest component amount i.e. 04.08.2009 till the amount of actual realization of the said interest component to the respondents 24. The the aforesaid extent. Appeal is 02.09.2025 Jiten Whether speaking/reasoned Whether reportable of 2017 Page N: 8 of 8 the Courts below awarding interest @ 9 % per annum on the compensation amount from the date of award till the date of payment, is hereby The defendant-appellant was afforded opportunity to pay the aforesaid interest within two months from the date of the passing of the judgment dated 06.03.2014 and in case they fail to interest @ 18 % per annum. he appellant-defendant failed to months as per trial court judgment. However, appears to this court to be on the excessive side. s such, it is directed that apart from the interest @ 9% per annum on the compensation amount from the date of award payment (04.08.2009), defendant-appellant shall on this interest component from the date of payment of compensation amount i.e. 04.08.2009 till the amount of actual realization of the said interest component to the respondents-plaintiffs. The orders passed by the Courts below are modified only to aforesaid extent. Appeal is disposed of accordingly. Whether speaking/reasoned : Yes/No Whether reportable : Yes/No the Courts below awarding interest @ 9 % per annum on the compensation ard till the date of payment, is hereby upheld. appellant was afforded opportunity by the trial court within two months from the date of the passing of and in case they fail to do so, then to pay defendant failed to make the payment within two months as per trial court judgment. However, interest @ 18 % after 2 months excessive side. apart from the interest @ 9% per annum from the date of award (21.12.2004) till actual shall also pay interest @ 6 % per the date of payment of compensation amount i.e. 04.08.2009 till the amount of actual realization of the said interest orders passed by the Courts below are modified only to disposed of accordingly. (DEEPAK GUPTA) JUDGE the Courts below awarding interest @ 9 % per annum on the compensation by the trial court within two months from the date of the passing of do so, then to pay two after 2 months apart from the interest @ 9% per annum till actual interest @ 6 % per the date of payment of compensation amount i.e. 04.08.2009 till the amount of actual realization of the said interest orders passed by the Courts below are modified only to JITEN SHARMA 2025.09.02 17:59 I attest to the accuracy and integrity of this document