R. F. A No. 4321 of 2010 1 In the High Court of Punjab & Haryana at Chandigarh RFA No. 4321 of 2010 (O&M) Date of decision : 20.9.2010. State of Haryana and another ..... Appellants vs Sharda Plywood Industries Limited and another ... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. D. D. Gupta, Additional Advocate General, Haryana. Rajesh Bindal J. The State of Haryana has filed the present appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction of compensation for the acquired land. Briefly, the facts of the case are that the State of Haryana vide notification dated 12.8.2003 issued under Section 4 of the Act, acquired 0.89 acres of land situated in revenue estate of Village Jharsa, Tehsil and District Gurgaon, for development and utilisation thereof as residential, commercial and institutional area of Sectors 40, 45 and 46, Gurgaon. The Land Acquisition Collector vide award no. 2 dated 7.6.2004, assessed the market value of land @ ` 12 lacs per acre. On reference under Section 18 of the Act, the learned court below determined the market value @ ` 551/- per square yard. It is this award which is impugned in the present appeal. A perusal of the paper-book shows that the court below had determined the market value of the acquired land in the present case while relying upon judgment dated 24.9.2003 of Hon'ble the Supreme Court passed in Civil Appeal No. 8609-8613 of 2001 Bhim Singh and others vs State of Haryana and another, Ex. R1, vide which the market value of the land acquired vide notification dated 20.4.1990 was determined. The land in the present case, which was a small left out portion in the same area, was acquired vide notification dated 12.8.2003. Considering the time gap between two notifications, the court below granted increase @ 12% per annum. It is admitted by the learned counsel for the State that the land in the present case is the small left out portion otherwise big chunk of land was acquired earlier and had even been developed by HUDA. Keeping in view these facts, it cannot be said that the value assessed by the learned court below is on higher side. R. F. A No. 4321 of 2010 2 Accordingly, the present appeal is dismissed. Consequently the applications for condonation of delay in filing and refiling of appeal are also dismissed. 20.9.2010 (Rajesh Bindal) vs. Judge