RFA No.3332 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.3332 of 2011 (O&M) Date of decision: 2.9.2011 Haryana Vidyut Prasaran Nigam Ltd. ......Appellant(s) Versus Haria and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Mohnish Sharma, Advocate for the appellant(s). Rakesh Kumar Garg, J. (Oral) CM No.12020-CI of 2011 After hearing learned counsel for the applicant-appellant, this application is allowed. Order dated 11.7.2011 is recalled and the appeal is restored to its original number. CM No.7672-CI of 2011 After hearing learned counsel for the applicant-appellant, delay of 60 days in refiling this appeal is condoned. CM stands disposed of. RFA No.3332 of 2011 (O&M) At the outset, learned counsel for the appellant has regretted that there are typographical errors in the typed copy of the impugned award and has prayed that the reference be made to the facts of this case in the certified copy of the impugned award which is available on record. Prayer is allowed. The present appeal has been filed by the HVPNL Limited through its Executive Engineer (Civil Construction), Hisar challenging the award dated 18.11.2010 passed by the Additional District Judge, Hisar RFA No.3332 of 2011 (O&M) 2 under Section 28-A(3) of the Land Acquisition Act, 1894 (for short the 'Act') whereby the market value of the land in question has been determined at ` 78,500/- per acre on the basis of a judgment of this Court passed in RFA No.2936 of 2003 decided on 23.12.2008. The land of the respondent-landowners was acquired by the State of Haryana along with other land for a public purpose i.e. for installation of Thermal Power Plant vide notification issued under Section 4 of the Land Acquisition Act, 1894, published on 17.1.1996, which was followed by a declaration under Section 6 of the Act published on 16.12.1996. The Land Acquisition Collector, Ambala announced award No.2 on 7.12.1998 and awarded compensation @ `1,25,000/- per acre qua the Nehri land, ` 70,000/- per acre of Tal kind land and ` 55,000/- of Tibba kind land. Aggrieved from the aforesaid award pronounced by the Land Acquisition Collector, many other persons filed reference applications under Section 18 of the Act. The Additional District Judge, Hisar, vide his award dated 31.3.2003, while deciding a bunch of 176 petitions, assessed the market value of the acquired land @ ` 1,25,000/- per acre qua the Nehri Land, ` 70,000/- per acre of Tal kind land and ` 55,000/- per acre of Tibba kind land along with the statutory benefits. The Regular First Appeals filed by the State of Haryana as well as claimants against the aforesaid award dated 31.3.2003 of the Reference Court were decided by this Court vide judgment dated 23.12.2008 passed in a bunch of cases including RFA No.2936 of 2003 and the market value of the acquired land was assessed at ` 8500/- per acre over and above the compensation awarded by the LAC. The respondent-landowners in the instant appeal did not file reference applications as provided under Section 18 of the Act. They RFA No.3332 of 2011 (O&M) 3 however, filed an application under Section 28-A(3) before the Land Acquisition Collector for redetermination of compensation as per award dated 31.3.2003 of the Reference Court. The said application of the respondents was rejected by the Land Acquisition Collector vide his order dated 16.4.2004. Aggrieved from the aforesaid order dated 16.4.2004, the respondents filed CWP No.12575 of 2004 before this Court which was disposed of vide order dated 19.8.2004 relegating the respondents to avail remedy under Section 28-A(3) of the Act. Consequently, the respondents filed an application under Section 28-A(3) of the Act for redetermination of compensation before the Land Acquisition Collector which was again rejected vide order dated 1.12.2004 being barred by limitation. The respondents challenged the aforesaid order by filing CWP No.3798 of 2005 before this Court. This Court vide order dated 21.4.2006 directed the LAC that on filing of the petition under Section 28-A(3) of the Act by the respondents, it shall be referred to the Court of District Judge, Hisar who would decide the same in accordance with law. Consequently, the reference petition filed under Section 28-A(3) of the Act was adjudicated by the District Judge, Hisar vide impugned order dated 18.11.2010 who after relying upon the judgment of this Court in RFA No.2936 of 2003 which pertains to the same acquisition, determined the market value of the land of the respondents at ` 78,500/- per acre being Tal Kind of land. Learned counsel appearing on behalf of the appellant could not dispute the fact that the compensation assessed by the Reference Court vide impugned award is based upon a judgment of this Court in RFA No.2936 of 2003 decided on 23.12.2008 which has arisen out of the same acquisition and the same has already become final between the parties. It may also be noticed at this stage that a specific note has been given in the grounds of appeal that the market value of the acquired land vide RFA No.3332 of 2011 (O&M) 4 same notification of the other land owners stands determined vide RFA No.2936 of 2003. No other point has been urged. In view of the aforesaid discussion, this Court finds no merit in this appeal and the same is dismissed. September 2, 2011 (RAKESH KUMAR GARG) ps JUDGE