RFA No. 351 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 351 of 2009 Date of Decision: 28.7.2009 Manmohan Singh and others ....Appellants. Versus Union Territory, Chandigarh ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Ms. Rupinder Bedi, Advocate for Ms. Ekta Thakur, Advocate for the appellants. Ms. Anu Brar, Advocate for the respondent. AJAY KUMAR MITTAL, J. The landowners have approached this Court by way of instant regular first appeal for enhancement of the amount of compensation awarded by the reference court. The respondent vide notifications dated 23.12.1999 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) and dated 14.3.2000 under Section 6 of the Act had acquired 14.61 acres of land situated in village Lahora, UT, Chandigarh, for a public purpose, namely, for setting up Chandigarh Botanical Garden. Dissatisfied with the amount of compensation @ Rs.5,43,636/- per acre awarded by the Land Acquisition Collector, the landowners sought reference for RFA No. 351 of 2009 -2- determination of the amount of compensation by the court and the reference court, in turn, awarded compensation of the acquired land at the rate of Rs.15,50,000/- per acre. Besides the aforesaid compensation, the landowners were also awarded an amount calculated at the rate of 12% per annum on the market value for the period commencing on and from the date of publication of Notification under Section 4 (i) of the Act in respect of the acquisition of land to the date of award of the Collector or of the date of taking possession of the land, whichever was earlier. The claimants were also held entitled to the statutory benefits in accordance with the provisions of Section 23 (2) of the Act. On the enhanced amount, the landowners were also granted interest @ 9% per annum for the first year from the date of dispossession by the Collector and @ 15% per annum thereafter till the date of deposit of the enhanced amount of compensation in the reference court. Still not satisfied, the claimants have filed the instant appeal for enhancement of the amount of compensation. Learned counsel for the claimants has submitted that the subject matter involved in the present appeal is covered by the decision rendered by this Court on 26.3.2009 in RFA No. 2632 of 2005, titled as 'Union Territory, Chandigarh v. Prabhjot Singh' whereby the impugned award passed by the reference court was set aside and the matter had been remanded back for fresh consideration by granting opportunity to both the parties to produce further evidence, if they so desired so that none of the parties suffer on account of any lapse committed earlier by not producing the evidence on record which though was stated to be relevant at the time of arguments. RFA No. 351 of 2009 -3- Notice of motion was issued to the respondent. Learned counsel for the respondent does not dispute the aforesaid contention of the learned counsel for the claimant-appellants and fairly conceded that the present appeal may be disposed of in terms of the decision rendered by this Court in RFA No. 2632 of 2005 dated 26.3.2009. In view of the above, the present appeal is disposed of in terms of the judgment dated 26.3.2009 passed by this Court in RFA No. 2632 of 2005. July 28, 2009 (AJAY KUMAR MITTAL) gbs JUDGE