IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 426 of 1994. Date of Decision : 22.2.2010. Kashmiri Lal & others ......Appellants Versus State of Haryana & another ......Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. M.L. Sharma, Advocate, for the appellant. Mr. S.S. Goripuria, DAG Haryana. NAWAB SINGH J.(ORAL) This judgment would dispose of above mentioned 13 appeals because identical question of law and facts are involved in all the appeals. RFA Nos. 426-428 of 1994, 217 of 1989, 2135 of 1994, 2414 of 1994, 89 of 1992, 22 of 1989, 185 of 1989, 869-871 of 1994 and 552 of 1992 have been filed by the land-owners seeking enhancement of the compensation for the acquired land. RFA Nos. 869-871 of 1994 and 552 of 1994 have been filed by the State seeking reduction of the compensation awarded to the land owners. RFA No. 22, 185 and 217 of 1989 pertains to notification No. L.A.C(P) NTLA-81/4510 dated August 27th, 1981 under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'), whereby, the Haryana Government acquired 15.66 acres of land situated in village Judian, Tehsil Kalka, District Ambala now Panchkula for the residential and commercial purpose. The Land Acquisition Collector, Panchkula assessed the market value of the acquired land at the rate of Rs.65,000/- per acre. Dis-satisfied therewith, the land owners sought for enhancement and reference was made under Section 18 of the Act. The learned Additional District Judge, Ambala by common judgment/Award dated September 10th, 1988 enhanced the compensation to Rs.1,50,000/- per acre, that is, Rs.31/- per square yard approximately. Second notification No. LAC(P)NTLA-83/6676 dated December 12th, 1983 under Section 4 of the Act was published for the acquisition of land of the same village (Judian) for the same purpose as that of the earlier notification. The Land Acquisition Collector, Panchkula assessed the market value of the acquired land at the rate of Rs.55/- per square yard, that is, Rs.2,66,200/- per acre. The land owners, feeling dis-satisfied by the compensation, claimed references under Section 18 of the Act. By judgment/Award, dated October 14th, 1992, District Judge, Ambala determined the market value of the acquired land at the rate of Rs.250/- square yards, that is, Rs.12,10,000/- per acre. Third notification No. LAC(P)NTLA-83/5236 dated August 16th, 1983 under Section 4 of the Act was published for the acquisition of land of the same village (Judian) for the same purpose as that of the earlier notifications. Referral Court by judgments passed in LAC case No. 121, 124 dated 29th, November 1990 and LAC case No. 24 of February 23, 1989 decided on October 8th, 1993 and May 17th, 1994 respectively assessed the market value of the acquired land at the rate of Rs.250/- per square yard as was held qua the land acquired by second notification. Fourth notification No. LAC(P)NTLA-8385 dated August 16th, 1983 under Section 4 of the Act was published for the acquisition of land of the same village (Judian) for the same purpose as that of the earlier three notifications. The Additional District Judge by judgment dated October 8th, 1993 assessed the market price at the rate of Rs.250/- per square yard. By judgment/Award dated May 17th, 1994, Additional District Judge, Ambala assessed the market value of the land which was acquired vide notification dated August 27th, 1981 (first notification) at the rate of Rs.220/- per square yard, that is, Rs.10,64,000/- per acre. All the judgments/awards referred-to-above have been impugned by filing these appeals. The solitary submission of learned counsel for the appellants is that vide notification No. LAC(P)NTLA83/6676 dated December 12th, 1983 under Section 4 of the Act, land of the same village, that is, Judian, Tehsil Kalka, District Ambala was also acquired. Learned Additional District Judge, Ambala by judgment dated October 14th, 1982 assessed the market value of the acquired land at the rate of Rs.250/- per square yard. State of Haryana filed RFA No. 55 of 1983 before this Court seeking reduction of the compensation. The said RFA was dismissed by A.N. Jindal. J. by judgment dated October 29th, 2009 (Annexure A-1) meaning thereby the market value assessed by the District Judge, Ambala was upheld. Counsel representing the State has not refuted it. This Court commented about the potentiality of the land in judgment (Annexure A-1) as under:- “This piece of acquired land measuring 9 kanals 7 marlas is abutting the main Chandigarh Kalka road near motor market and cinema hall. Three storeyed hotel site was touching on the three sides. The acquired land has a high potentiality being commercial in nature, whereas, the land covered by the Award (Exhibit R-1) related to the agricultural land. It was on the boundary of Mani Majra which was a part of Union Territory, Chandigarh. The acquired land was holding a advantageous position. The Collector himself had mentioned in the Award that it was occupying the unique position in the area of motor market. On its northern side, there is Dhillon Theater and there is a shopping complex on the western side and Chandigarh-Kalka high-way on the southern side. The land towards east has already been acquired.” Indisputably, the land of village Judian was acquired between 1981-83 for the same purpose. The time gap is not too long which could compel this Court to assess the market value at a lower rate than the rate approved by this Court in Abhai Ram's case (supra). For the reasons recorded supra, the market value of the acquired land is assessed at the rate of Rs.250/- per square yard. Consequently, RFAs No. 22, 89, 185, 217, 2135 filed by the land owners are accepted and the RFA No. 426-428 and 2414 of 1994 are dismissed because therein the market value was already assessed at the rate of Rs.250/- per square yard by the Referral Court. The RFAs bearing No.869-871 of 1994 and 552 of 1994 filed by the sate are also dismissed. (NAWAB SINGH) JUDGE 22.2.2010. SN