RFA No.281 of 1991 -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.281 of 1991 Date of Decision: 10.12.2008 State of Haryana and another ..Appellants. Vs. Bir Pal and others ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Rajiv Kawatra, Sr.DAG Haryana for the appellants. None for the respondents. RAKESH KUMAR JAIN, J. Land measuring 4.84 acres situated in the revenue estate of villages Ismailpur and Basantpur was notified under Section 4 of Land Acquisition Act, 1894 (for short `the Act') dated 27.6.1978 for public purpose, namely, for the construction of Pali Link Drain. The Land Acquisition Collector PWD(I.B), Ambala (for short `the Collector') vide his Award No.54 of 1978-79 dated 15.11.1978 determined the compensation of the acquired land @ Rs.8,000/- per acre. The land owners carried reference under Section 18 of the Act in which the learned Reference Court vide award dated 10.10.1990 maintained the award of the Collector but awarded statutory benefits including those envisaged under Sections 23(1-A), 23(2) and 28 of the Amended Act. The only argument raised by the learned counsel for the appellants is that since the award of the Collector is prior to 30.4.1982, RFA No.281 of 1991 -2 - therefore, the appellants are not entitled to benefit of Section 23(1-A) of the Amended Act. The learned counsel for the appellants has relied upon the decision of the Supreme Court in the case of Union of India and another Vs. Raghubir Singh (dead) by LRs etc. (1989) 2 SCC 754 and K.S.Paripoornan Vs. State of Kerala and others (1994) 5 SCC 593. After hearing the learned counsel for the appellants, I am of the view that the appeal deserves to succeed. The Amended Act, 1984 was presented in the Parliament on 30.4.1982 and got the assent of the President of India on 24.9.1984. Since the award of the Collector is before 30.4.1982 and the award of the Reference Court is after 24.9.1984 the respondents- land owners shall not be entitled to the benefit of Section 23(1-A), however, they shall be entitled to the benefit of Section 23(2) and 28 of the Amended Act. The appeal of the State is allowed only to the extent mentioned here-in-above. No costs. (Rakesh Kumar Jain) 10.12.2008 Judge Meenu