Smt. Kundlu Devi Through her Son Petitioner No. 3, as her Special Power of Attorney and Others vs State of H.P

V.K. Sharma, J.—Heard. It is not in dispute that some land belonging to the petitioners was utilized by the respondent-Public Works Department for construction of ''Lal Dhank - Rohru-Rajban Road'' somewhere in the year 1960, but without taking recourse to acquire the land under the Land Acquisition Act, 1894 (in short ''the Act''). It was only in the year 1994 that the acquisition proceedings were initiated and the land was acquired in accordance with the provisions of the Act.

It is also not in dispute that on a reference made by the Land Acquisition Collector to the Court at the instance of the petitioners, being the persons interested, the compensation was enhanced and the enhanced amount of compensation alongwith interest and other benefits under the Act have since been paid to the petitioners.

The only controversy between the parties that remains to be settled now is with regard to rent or damages for use and occupation of the acquired land for the period between the year 1960 and up to the year 1994, that is, the period between taking over possession and issuance of the requisite notification u/s 4 of the Act, in terms of the law laid down by the Hon''ble Supreme Court in Land Acquisition Officer & Asstt. Commissioner and another vs. Hemanagouda and others, (2005) 12 SCC 443, followed by this Court in Land Acquisition Collector and Another Vs. Smt. Sodha Devi and Others .

In view of the above, the petition is allowed and liberty is reserved to the petitioners to seek their remedy, if any, for rent or damages for use and occupation of the acquired land for the aforesaid period in the appropriate Court/forum in accordance with law, if so advised, in which event bar of limitation would not come in their way, as they have been prosecuting the claim throughout. Consequently, the impugned order dated 31.10.2011, passed by the learned District Judge, Shimla in Review Petition No. 1 of 2011, titled Smt. Kundlu Devi and others vs. State of H.P. and others, shall stand set-aside. 6. The petition, as also pending application(s), if any, shall stand disposed of in the above terms.