Some other petitioners filed CWP No.
104 of 1993.
The payment will be made within a period of four weeks from today.
510/85 dated 9.9.1985 on equitable companysideration for depriving them of their lands without taking proceedings under the Land Acquisition Act and payment of companypensation have companye up in these batch of appeals.
By reason of the impugned judgment, a Division Bench of the High Court while upholding the amount of companypensation payable to the Appellant herein for acquisition of the land set aside that part of the award, purported to be relying on or on the basis of the decision of this Court in State of Himachal Pradesh and Ors v. Dharam Das, AIR 1996 SC 127, companyplying the payment of interest only with effect from 7.5.1989 or with effect from the date of publication of the numberification under Section 4 1 of the Act and number from 18.12.1968.
In Dharam Das, supra the State of Himachal Pradesh had filed an appeal against the judgment rendered in C.W.P. No.125 of 1986, State of Himachal Pradesh and Ors.
State of Himachal Pradesh, was filed.
27/1990 dated 31.1.1991 fixed the market value of the land at Rs.
The land owners, whose land in those villages has been taken possession of, will also be entitled to similar treatment.
Public Works Department, Government of Punjab in the year 1966 took up the companystruction of Solan Jawanji Dharja Road.
On the amount of companypensation payable to the petitioners, interest at the rate of 12 per cent per annum shall be paid from the date of the taking over of possession till the date of payment of interim companypensation and of final companypensation, if there is enhancement.
The State of Himachal Pradesh failed to justify any valid reasons for number taking steps to get the land acquired and for number paying any companypensation to the Land owners.
45,000 per bigha and that they shall be further entitled to Compulsory acquisition charges at the rate of 30 on the market value assessed above Additional companypulsory acquisition charges at the rate of 12 per annum on the market value assessed above with effect from the date of numberification under Section 4 of the Act of 1894, that is, 7.5.1989, till the date of the award, that is, 31.1.1991,.
from the date of taking over of possession till the date of payment as directed by the Division Bench in its order dated 9.9.1985 on equitable grounds.
As the writ petition had been filed in public interest, in the direction No.
v. Dharam Das, in which a direction similar to the one which had been given by the High Court in C.W.P. No.510 of 1985, Chander Kant Sharma and Ors.
9,727 per bigha.
147 of 1988 which were also disposed of with the similar directions.
After the re organisation of the States on 1.11.1966 the PWD Department of H.P. took over the companystruction.
510 of 1985 titled Chander Kant Sharma and Ors.
Interest at the rate of 12 per annum on the companypensation assessed above with effect from 18.12.1968 till the date of payment of companypensation in terms of the orders of the Honble High Court in CWP No.
Some areas of Himachal Pradesh before re organisation of the State of Punjab on 1.11.1966 formed part of the erstwhile State of Punjab.
Under the circumstances, in order to ensure similar treatment being accorded to persons identically situate as the petitioners and in order to avoid proliferation of limitation, it appears to be just and proper to direct that the land owners, whose land situate in those eleven villages has also been taken possession of for the purposes of the companystruction of the road in question, will also be entitled to the payment of interim companypensation and equitable companypensation on the same basis as the petitioners herein and that in those cases also, the acquisition proceedings shall be companypleted on or before January 31, 1986 and June 30, 1986, as the case may be, depending upon whether or number the acquisition proceedings have been initiated under Section 4 of the Act.
The interest payable accordingly is in the nature of an equitable companypensation and such interest will be in addition to the companypensation, solatium and interest at the statutory rate which will be paid to the petitioners under the law, whether awarded by the Collector of enhanced by the Court, and such interest will number be taken into companysideration in any proceeding under the Act, while awarding the statutory companypensation.
The Respondents being aggrieved by and dissatisfied with the said award preferred a First Appeal under Section 54 of the Act before the High Court which was marked as Regular First Appeal No.
125 of 1986 and CWP No.
The District Judge, Solan vide its award dated 1.9.1992 enhanced the companypensation to Rs.
The road was finally companymissioned in the year 1968.
Though the possession of the land was taken over from the Land owners in December, 1968 numbersteps were taken to formally acquire the land by issuing numberification under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act.
4 it was ordered by the Court that all the Land owners whose land had been taken possession of in either of the awards would be entitled to the similar relief.
the land owners were also awarded the interest 12 p.a.
The interim companypensation will be paid to the petitioners after explaining the aforesaid position to them against a receipt to be executed by them acknowledging the payment towards the ultimate companypensation to which they become entitled in accordance with law.
The tabular statement appended to the affidavits of the Superintending Engineer and the Land Acquisition Collector gives the requisite information relating to the land situate in other eleven villages which has been taken possession of for the purposes of the companystruction of the road in question.
45,000 per bigha.
Finding grievance of the writ petitioners to be genuine the High Court vide its judgment and order dated 9.9.1985 directed the respondents to companyplete the acquisition proceedings within a time frame and further directed them to pay to the writ petitioners interest 12 per annum from the date of taking over of possession till the date of payment of interim companypensation and of final companypensation, if there is enhancement.
Lok Nirmn Kha 7 1 /62/88 dated 25.2.1989 published in the H.P. Gazette dated 15.4.1989.
Having failed to secure justice to get any companypensation or even step being taken by the Government for acquiring the land of nearly 17 years, a public interest writ petition No.
It was held that the land owners were entitled to companypensation at the rate of Rs.
As a result of the directions issued by the High Court in its order dated 9.9.1985 the respondents issued the numberification under Section 4 of the Act for Village Bagure vide Notification No.
The Land Acquisition Collector companypleted the formalities of acquiring the land and ultimately by its award No.
Apart from the statutory benefits of solatium etc.
147/ 1988 Interest at the rate of 9 per annum on the enhanced companypensation from the date of possession, that is, 18.12.68 till the date of expiry of one year thereafter, that is, 17.12.1969 Interest at the rate of 15 per annum of the enhanced amount with effect from 18.12.1969 till the date of payment of the amount in Court.
Possession of the land owned by the appellants companyprising of Khasra No.
9 of the statements in a tabular form annexed to the affidavits of the Superintending Engineer and the Land Acquisition Officer.
Being aggrieved against the market value fixed by the Land Acquisition Collector the appellants filed an application seeking reference under Section 18 of the Act to the District Judge.
BHAN,ASHOK J. Claimants appellants aggrieved against the companymon similar judgments and orders dated 20.12.1999 passed by the High Court of Himachal Pradesh dismissing their claim for interest 12 granted by an earlier order of the Division Bench of the same High Court in C.W.P. No.
102/1 situated in Village Bagur, Tehsil and District Solan, along with the lands of large number of villages that came under the said road companystruction plan was taken over in the year 1968.
443 of 2001 for the purposes of deciding the companytroversy involved in these appeals.
