RFA No. 3000 of 1992 -1- In the High Court of Punjab & Haryana at Chandigarh Date of decision : 23.8.2010 1. RFA No. 3000 of 1992 (O&M) Garja Singh and others ..... Appellants vs The State of Punjab and another .... Respondents 2. RFA No. 837 of 1993 (O&M) The State of Punjab and another ..... Appellants vs Garja Singh and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. H. K. Brinda, Advocate, for the landowners. Mr. Yatinder Sharma, Deputy Advocate General, Punjab. Rajesh Bindal J. This order will dispose of the aforesaid appeals as the same arise out of common award. The landowners have filed appeal seeking enhancement of compensation for the acquired land whereas by filing appeal the State is seeking reduction of compensation. Briefly, the facts are that the land situated in village Hussianpura,Tehsil and District Ropar, was acquired by the State Government vide notification dated 26.11.1982 Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for SYL Canal. The Land Acquisition Collector (for short, `the Collector') vide award dated 8.9.1983 assessed the market value of the acquired land @ ` 17,280/- per acre considering the same as barani kind of land. Aggrieved against the award of the Collector, the land owners filed objections which were referred to the learned Additional District Judge, Ropar, who assessed the market value @ ` 50,000/- per acre for barani kind of land. It is this award of the learned Reference Court which is impugned in the present appeals by both the parties. Learned counsel for the landowners submitted that the court below has not assessed just and fair compensation payable to the landowners. Even as per the settlement arrived at between the landowners and the then Chief Minister of Punjab, the value of the acquired land was to be assessed @ Rs. 1,00,000/- per acre for chahi kind of land. The quality of land barani land is inferior to the chahi kind of land. The prayer is for enhancement of compensation for the barani kind of land. RFA No. 3000 of 1992 -2- On the other hand, learned State counsel, submitted that the court below has wrongly enhanced the compensation. The award of the Collector was perfectly justified. The prayer is for setting aside the award of the court below and upholding that of the Collector. Heard learned counsel for the parties and perused the paper-book. The kind of the land in the present case was not disputed by the counsel for the parties. It is also admitted that as per the settlement arrived at between the landowners and the then Chief Minister of State of Punjab, the market value of the chahi kind of land was determined at ` 1,00,000/- per acre. This court in number of judgments where the land was acquired for SYL Canal, the value of barani kind of land was assessed @ 75,000/-. Following the same principle in the present case also, the value of the land in the present which is also of barani kind of land is assessed @ ` 75,000/- per acre. The landowners shall also be entitled to statutory benefits available under the Act. Accordingly, the appeal filed by the State is dismissed and that of the landowners is disposed of in the above terms. 23.8.2010 (Rajesh Bindal) vs. Judge