R.F.A. No. 855 of 1999 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH R.F.A. No. 855 of 1999 Date of decision: 25-11-2009 Haryana State and another Versus Atul Satsangi etc. CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: Shri Lokesh Sinhal, Additional Advocate General Haryana, for the appellant. Shri Sandeep Vermani, Advocate, for respondents HEMANT GUPTA, J. This order shall dispose of R.F.A. No. 855 of 1999 arising out of the award of the Reference Court dated 3.6.1998 and R.F.A. No. 920 of 2009, arising out of award of Reference Court dated 31.10.2007 preferred by the State. The order shall also dispose of another appeal RFA No. 2507 of 1998 filed by the landowners claiming enhancement of the compensation awarded by the Reference Court in award dated 3.6.1998. Subject matter of lands in three appeals was sought to be acquired vide notification dated 2.8.1989 under Section 4 of the Land Acquisition Act, 1894 (for short the Act) for a public purpose i.e. for the development and utilization of land as residential and commercial in Sector 45, Faridabad. The Land Acquisition Collector awarded compensation at the rate of Rs. 3.50 lacs per acre. The Reference Court in its award dated 3.6.1998 awarded compensation @ Rs. 328.50 per sq. yard. The said award Ex.P-1 was made basis for determination of compensation by the Reference Court in its award 31.10.2007 the subject matter of RFA No. 920 of 2009 In RFA No. 99 of 1997 Asharfi and Others Vs. State of R.F.A. No. 855 of 1999 2 Haryana decided on 21.5.2007 arising out of the same notification dated 2.8.1989, this court had determined compensation @ Rs. 220/- per square yard for the acquired land. The court has taken into consideration award 3.6.1998 in the aforesaid judgment and found that such judgment cannot form basis for determining the amount of compensation. In view of the said fact that the compensation for the same land has been determined to the extent @ Rs.220/- per square yard, the R.F.A. No.2507 of 1998 filed by the claimant is dismissed whereas R.F.A. No. 855 of 1999 and R.F.A. No. 920 of 2009 filed by the State, are allowed holding that the landowners shall be entitled to compensation at the rate of Rs.220/- per square yard. (HEMANT GUPTA) JUDGE November 25, 2009 RSK