R. F. A. No. 2700 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : R. F. A. No. 2700 of 1993 Date of Decision : December 09, 2009 State of Punjab .... Appellant Vs. Hardyal Singh .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Manohar Lal, Addl. A. G., Punjab for the appellant. None for the respondent-Cross Objector. * * * L. N. MITTAL, J. (Oral) : By this common judgment, I am disposing of four appeals i.e. R. F. A. Nos. 2700 to 2703 of 1993 preferred by State of Punjab against common Award dated 30.03.1993 passed by learned Additional District Judge, Patiala in four reference petitions filed by respondents under Section 18 of the Land Acquisition Act, 1894 (in short – the Act). Cross Objections filed by respondents in R. F. A. Nos. 2700 to 2702 of 1993 are also being disposed of. In addition thereto, R. F. A. No. 2212 of 1994 titled Ajmer Singh and others vs. State of Punjab and others and R. F. A. No. 2559 of 1994 titled Amar Singh and others vs. State of Punjab and another, preferred by land owners against Award dated 01.02.1994 passed by learned Additional District Judge, Patiala in reference petitions filed under Section R. F. A. No. 2700 of 1993 2 18 of the Act by appellants-land owners are also being disposed of because the said Award dated 01.02.1994 also pertains to the same acquisition and has relied on Award dated 30.03.1993 of Additional District Judge, Patiala involved in the other four appeals preferred by State of Punjab. State of Punjab, vide notification No.1626/SYL/Const. dated 16.11.1988 under Section 4 of the Act and notification No.8137/SYL/Const. Dated 05.12.1988 under Section 6 of the Act, acquired land of Village Jagadhri, Tehsil Rajpura, District Patiala for public purpose i.e. for construction of Bassi Distributory. Land Acquisition Collector, vide Award No. 412/P-SYL dated 23.02.1990, awarded compensation for the acquired land @ Rs.60,000/- per acre for chahi land, Rs.45,000/- per acre for barani land and Rs.30,000/- per acre for gairmumkin land. Land owners, whose land was included in the acquired land, feeling dissatisfied with the same, filed reference petitions under Section 18 of the Act. Vide impugned Awards, Reference Courts enhanced the compensation for acquired land to Rs.1,00,000/- per acre for chahi land, Rs.75,000/- per acre for barani land and Rs.55,000/- per acre for gairmumkin land. Feeling aggrieved, State of Punjab has filed appeals in four cases, whereas land owners have filed appeals in two other cases, in which State of Punjab appears not to have filed any appeal. Land owners filed cross-objections in three of the four appeals preferred by State of Punjab. I have heard learned State counsel and perused the case files, whereas no one has appeared for land owners. Learned State counsel very fairly stated that this Court, vide judgment dated 08.12.2008 in R. F. A. No. 2122 of 1995 titled State of Punjab vs. Gurnam Singh, disposed of bunch of 12 appeals along with cross-objections in some of the appeals. In those cases, the land was acquired by notifications under Sections 4 and 6 of the Act of same dates, as involved in the instant cases and for the same purpose, although pertaining R. F. A. No. 2700 of 1993 3 to land of adjoining Village Shekhpur Khurd. In the instant cases also, the Reference Court relied on earlier Awards of Reference Court pertaining to acquired land of Villages Bhankarpur and Ramgarh Budda, for the same purpose. In the case of State of Punjab vs. Gurnam Singh (supra), Award of Reference Court of another adjoining Village Devi Nagar was relied on. There is also evidence of Ajit Singh Kanungo, that land of Village Jagadhri is of the same quality as land of Village Ramgarh Budda. So, value of acquired land of all these adjoining villages acquired for the same purpose was found to be same. In the case of State of Punjab vs. Gurnam Singh (supra), market value of the acquired land was determined to be Rs.1,00,000/- per acre for chahi land, Rs.85,800/- per acre for barani land and Rs.71,500/- per acre for gairmumkin land. Consequently, in the instant cases also, the land owners are entitled to compensation at the said rates. In view of the aforesaid, R. F. A. Nos. 2700 to 2703 of 1993 preferred by State of Punjab are dismissed, whereas Cross Objections filed by respondents in R. F. A. Nos. 2700 to 2702 of 1993 as well as R. F. A. No. 2212 of 1994 titled Ajmer Singh and others vs. State of Punjab and others and R. F. A. No. 2559 of 1994 titled Amar Singh and others vs. State of Punjab and another, preferred by land owners, are allowed to the extent that the said land owners shall be entitled to compensation for their acquired land at the rates of Rs.1,00,000/- per acre for chahi land, Rs.85,800/- per acre for barani land and Rs.71,500/- per acre for gairmumkin land, along with statutory benefits in accordance with the provisions of Sections 23(1-A), 23 (2) and 28 of the Act. December 09, 2009 ( L. N. MITTAL ) monika JUDGE