IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RFA No.6617 of 2011 (O&M) Date of decision: 17.11.2011 State of Haryana -----Appellant Vs. Gurbax Kaur & others -----Respondents and another connected case being WITH CM-15462-CI-2011 STATE OF HARYANA AND ORS. V/S SURINDER KAUR CM-15461-CI-2011 CM-15463-CI-2011 & O&M RFA-6618-2011 WITH CM-15465-CI-2011 STATE OF HARYANA AND ORS V/S SANMUKH SINGH CM-15464-CI-2011 CM-15466-CI-2011 & O&M RFA-6619-2011 WITH CM-15468-CI-2011 STATE OF HARYANA AND ORS. V/S INDERJEET KAUSHAL CM-15467-CI-2011 CM-15469-CI-2011 & O&M RFA-6620-2011 WITH CM-15471-CI-2011 STATE OF HARYANA AND ORS. V/S BIMLA DEVI CM-15470-CI-2011 CM-15472-CI-2011 & O&M RFA-6621-2011 WITH CM-15474-CI-2011 STATE OF HARYANA AND ORS V/S LAJWANTI CM-15473-CI-2011 CM-15475-CI-2011 O&M RFA-6622-2011 WITH CM-15477-CI-2011 STATE OF HARYANA AND ORS V/S VARSHA RANI CM-15476-CI-2011 CM-15478-CI-2011 & O&M RFA-6623-2011 WITH CM-16352-CI-2011 STATE OF HARYANA AND ORS. V/S SUDESH KAUSHAL CM-16351-CI-2011 CM-16353-CI-2011 & O&M RFA-7079-2011 RFA No.6617 of 2011 WITH CM-16355-CI-2011 STATE OF HARYANA AND ORS. V/S KAMLESH RANI CM-16354-CI-2011 CM-16356-CI-2011 & O&M RFA-7080-2011 CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG 1. Whether reporters of local newspapers may be allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present:- Mr. H.S. Lalli, Addl.A.G., Haryana for the appellant. --- RAKESH KUMAR GARG, J. This judgment shall dispose of 9 appeals i.e. RFA Nos.6617 to 6623 and 7079 and 7080 of 2011 which have arisen out of same acquisition proceedings and which have culminated into one common award of the reference Court. In pursuance of Haryana Government notification No.LAC(P)-NTLA-99/5231 dated 4.12.2000 issued under Section 4 of the Act and subsequent Notification No.LAC(P)-NTLA- 2001/7152 dated 3.12.2001 under Section 6 of the Act, published in Haryana Government Gazette, the Government of Haryana decided to acquire land measuring 27.43 Acres in Village Nanhera, Had Bast No.104, Tehsil and district Ambala for a public purposes, namely for development and utilization of land for residential, commercial and industrial area for Sector 10, 11 and 12, Ambala Cantt, however, the then Land Acquisition Collector vide Award No.5 dated 11.9.2003, announced 2 RFA No.6617 of 2011 compensation for 26.01 Acres of land and awarded compensation for different kinds of land, as under:- Kind of Land Rate fixed per acre Land falling in the vicinity of abadi of Village upto depth of 5 acres `4,00,000/- Chahi `3,00,000/- Barani `2,00,000/- Gair Mumkin/Banjar `1,50,000/- The land owners were also awarded 30% solatium and additional amount at the rate of 12% per annum, as admissible under Section 23(1-A) of the Act. Dissatisfied with the said Award, the landowners filed their respective references under Section 18 of the Act before the Land Acquisition Collector which were referred to the District Judge, Ambala. Vide impugned Award, the reference Court assessed the market value of the land in question @ `297 per square yard. The State of Haryana has filed the instant appeals challenging the award of the reference Court dated 5.3.2011 on the ground that market value of the acquired land in question has been assessed at a higher rate. A perusal of the impugned award would show that the market value of the land in dispute has been assessed on the basis of an earlier award dated 24.1.2011 (Ex.PX) passed by the reference Court itself, vide which the market value of the acquired land of Village Shahpur was assessed @ `297 per square yard 3 RFA No.6617 of 2011 which is adjacent to Village Nanhera (whereunder the land which is subject matter of the instant appeals falls) was acquired for the same purpose i.e. for development of residential and commercial areas of Sectors 10, 11, 12 of Ambala Cantt. by virtue of same notification dated 4.12.2000. Admittedly, there is no evidence on the record of the reference Court to differentiate the land in question from the land of Village Shahpur which was also acquired vide impugned notification dated 4.12.2000. It is also relevant to refer to para 10 of the grounds of appeal of the RFA No.6617 of 2011, which reads thus:- “10. That in this case, market value of the acquired land has been assessed by the Ld. Reference Court by relying upon earlier award dated 24.1.11 (Ex.PX) passed in a case titled as Dilbag Singh Vs. State of Haryana. Against the above mentioned award no RFA has been filed by the State of Haryana.” In view of the aforesaid facts, these appeals are misconceived. Not only this, similar appeals i.e. RFA Nos.6413 to 6480 of 2011 arising out of the impugned award have already been dismissed on 17.10.2011 by this Court noticing the aforesaid facts. Thus, these appeals are also dismissed. Since these appeals have been dismissed on merits, the question of condoning the delay in filing these appeals does not survive. 4 RFA No.6617 of 2011 A photocopy of this order be placed on the file of each connected case. November 17, 2011 ( RAKESH KUMAR GARG ) ak JUDGE 5