RFA No. 1577 of 1993 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 1577 of 1993 (O&M) Date of decision : 21.4.2011 State of Punjab ...Appellants vs M/s Prem Kumar and Brothers ...Respondent Coram : Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Yatinder Sharma, Deputy Advocate General, Punjab. Mr. Vishal Garg, Advocate, for the landowner. Rajesh Bindal, J. This order will dispose of RFA Nos. 1577 and 3638 of 1993, as the same arise out of common award. The State of Punjab is seeking reduction of compensation awarded to the landowner for the acquired land, whereas by filing appeal, the landowner is seeking enhancement thereof. The case pertains to the valuation of land acquired for construction of Grain Market (Anaz Mandi) vide notification dated 1.2.1985 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') by the State of Punjab, situated within the revenue estate of village Neelpur, Tehsil Rajpura, District Patiala. Notification under Section 6 of the Act was issued on 16.5.1985. The Land Acquisition Collector (for short 'the Collector') vide award dated 18.9.1986 assessed the market value of the acquired land @ ` 1,50,000/- per acre. The land owner being dissatisfied with the award of the Collector filed objections which were referred to the learned Court below. On reference under Section 18 of the Act, the learned Court below vide award dated 19.12.1992 assessed the compensation of the acquired land @ ` 2,35,000/- per acre. Still dissatisfied, the State is in appeal before this court. RFA No. 1577 of 1993 (2) It is not disputed by learned counsel for the parties that the learned court below had assessed the market value of the acquired land by granting increase @ 12% per annum on the market value so assessed for the land acquired vide notification dated 2.9.1981, where the compensation was assessed at ` 1,70,000/- per acre. Now Hon'ble the Supreme Court in Civil Appeal Nos. 2275-2292 of 2005 -Balbir Chand and others vs State of Punjab, decided on 7.12.2010, had further enhanced the market value of the land acquired vide notification dated 2.9.1981 to ` 1,87,000/- per acre. As the value of the land acquired vide notification dated 2.9.1981 has further been enhananced to ` 1,87,000/- per acre from ` 1,70,000/- per acre, no interference in the appeal filed by the State can possibly be made out. As far as the appeal filed by the land owner is concerned, he is certainly entited to increase @ 50% for the period of 4½ years, as was awarded by the learned court below. This was also for the reason that the acquisition was for development as Grain Market and with the earlier acquisition, the area had already been developed. Adding 50% at ` 1,87,000/-, the amount of copensation payable to the landowner shall come to ` 2,80,500/- per acre. Ordered accordingly. The landowner shall also be entitled to all statutory benefits available under the Act. Accordingly, the appeal filed by the State is dismissed and that of the landowner is allowed in the above terms. 21.4.2011 (Rajesh Bindal) vs. Judge