R. F. A. No. 221 of 1993 (1) In the High Court of Punjab & Haryana at Chandigarh Date of decision : 15.12.2008 1. R. F. A. No. 221 of 1993 (O&M) The State of Punjab ..... Appellant vs Sher Singh and another .... Respondents 2. R. F. A. No. 222 of 1993 (O&M) The State of Punjab ..... Appellant vs Nasib Singh and others .... Respondents 3. R. F. A. No. 223 of 1993 (O&M) The State of Punjab ..... Appellant vs Swarn Singh and others .... Respondents 4. R. F. A. No. 224 of 1993 (O&M) The State of Punjab ..... Appellant vs Gurdev Singh and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Vivek Chauhan, Assistant Advocate General, Punjab. Rajesh Bindal J. This order shall dispose of Regular First Appeal Nos. 221 to 224 of 1993 filed by the State for reduction in the compensation granted to the landowners for the acquisition of land as the same arise out of a common award. However, the facts have been noticed from R. F. A. No. 221 of 1993. Briefly, the facts of the case are that the State of Punjab vide notification dated 9.2.1988 issued under Section 4 of the Land Acquisition Act 1894 (for short, “the Act”), acquired the land situated within the revenue estate of Village Dabhali, Tehsil Kharar, District Ropar, for construction of Kasumbri Minor. The Land Acquisition Collector (for short, “the Collector”) announced his award. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below while relying upon award dated 9.4.1990 of Village Dharak Kalan (Ex. P-2), enhanced the compensation to Rs. 90,000/- per acre. R. F. A. No. 221 of 1993 (2) Learned counsel for the State submitted that the learned court below has gone wrong in relying upon award Ex. P-2, which was pertaining to Village Dharak Kalan whereas the land in the present case is pertaining to Village Dabhali. The sale-deeds otherwise produced by the landowners in the present case were all of a date after the issuance of notification under Section 4 of the Act which could not be considered as such. Accordingly, in the absence of any relevant evidence on record, the award of the Collector should have been upheld but still the learned court below granted enhancement of the compensation payable to the landowners. Having heard learned counsel for the State, I do not find any merit in the submissions made. A perusal of the site plan, Ex. R-4 shows that the land pertaining to Villages Dabhali, Bassian and Dharak Kalan are adjoining each other. The acquisition in the present case is of land pertaining to Village Dabhali. The award Ex.P-2 which has been relied upon by the learned court below is pertaining to the land of Village Dharak Kalan. The acquisition therein was carried out vide notification dated 18.9.1985 and in the present case the notification was issued on 9.2.1988. Still the learned court below considering the fact that it is an award of the neighboring village directed for payment of compensation @ Rs. 90,000/- per acre as against Rs. 60,000/- per acre determined by the Collector. Another factor which has come on record in the impugned award is that High School and a dispensary are situated in Village Dabhali. The acquired land is at a distance of 15 yards from the road. For the reasons mentioned above, I do not find that any illegality has been committed by the learned court below. Accordingly, the appeals are dismissed. 15.12.2008 ( Rajesh Bindal) vs. Judge