C.M. No. 8670-CI of 2009 and RFA No. 1212 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 8670-CI of 2009 and RFA No. 1212 of 2007 Date of Decision: 29.7.2009 Nagar Panchayat Village Lehra Saundha ....Appellant. Versus Punjab State and another ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Amit Aggarwal, Advocate for the appellant. Mr. A.S.Virk, Additional Advocate General, Punjab, for the respondents. AJAY KUMAR MITTAL, J. This is an application under Section 151 of the Code of Civil Procedure for deciding the appeal in terms of the decision of this Court in RFA No. 2292 of 2002 titled as “Bant Singh and others v. The Punjab State and another” decided on 4.12.2008, being covered by it. The landowner has approached this Court by way of instant regular first appeal for enhancement of the amount of compensation awarded by the reference court. Respondent-State of Punjab vide notifications published in Government Gazette on 23.7.1992 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) and dated 28.1.1993 under Section 6 of the Act had acquired 3865.14 C.M. No. 8670-CI of 2009 and RFA No. 1212 of 2007 -2- kanals of land situated within the revenue estate of village Lehra Saundha, District Bathinda, for the public purpose, namely, construction of Guru Nanak Thermal Plan Stage IIIrd, Bathinda. The Land Acquisition Collector vide award dated November 29, 1994 determined the value of the land as under:- a) Chahi Rs.60,645/- per acre b) Nehri Rs.48,015/- per acre c) Barani Rs.24,352/- per acre d) Gair Mumkin Rs.95,075/- per acre Feeling aggrieved, the claimant sought reference under Section 18 of the Act and the reference court vide award dated 18.1.2002, assessed the value of the land as under:- a) Chahi Rs.80,000/- per acre b) Nehri Rs.70,000/- per acre c) Barani Rs.40,000/- per acre d) Gair Mumkin Rs.1,10,000/- per acre Besides the aforesaid compensation, the landowner-claimant was held entitled to statutory benefits under the Act. Dissatisfied with the amount of compensation awarded by the reference court, the claimant has filed the instant appeal for enhancement of the compensation. Earlier, the other claimants had approached this Court by way of RFA No. 2292 of 2002 which was finally decided by this Court on 4.12.2008, assessing the value of chahi and nehri kinds of acquired land at the uniform rate of Rs.95,000/- per acre and barani at Rs.65,000/- per acre. As far as Gair Mumkin land was concerned, the award of the reference court was upheld. The land owners were also C.M. No. 8670-CI of 2009 and RFA No. 1212 of 2007 -3- held entitled to all other statutory benefits as were available under the Act. Learned counsel for the applicant-appellant has submitted that the present case is fully covered by the aforesaid decision. Notice of this application was issued to the respondents. Learned State counsel does not dispute the same and fairly concedes that the present appeal is fully covered by the decision dated 4.12.2008 rendered by this Court in RFA No. 2292 of 2002 and, therefore, may be disposed of in terms thereof. In view of the above, the present application is allowed and the appeal is disposed of in terms of the judgment dated 4.12.2008 passed in RFA No. 2292 of 2002. July 29, 2009 (AJAY KUMAR MITTAL) gbs JUDGE