IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. REGULAR FIRST APPEAL No. 1507 of 2001 DATE OF DECISION : JANUARY 9, 2008 VINAY KUMAR AGGARWAL ..... APPELLANT(S) VERSUS STATE OF HARYANA AND ANOTHER .......RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Sarvshri Adarsh Jain and Adish Gupta, Advocate, for the claimants. Mr. HS Hooda, AG, Haryana, with Mr. Narender Sura, AAG, Haryana, for the State. Mr. Raman Gaur, Advocate, for the HUDA. AJAI LAMBA, J. In this bunch of 18 Regular First Appeals viz.RFA Nos. 1507, 1508, 2165, 2634, 2639, 2652, 2656, 2657, 2685, 2686, 3096, 3102, 3380, 3384, 4421, 4975, 4993 and 5229, of 2001, filed by the claimant/landowners seeking enhancement in compensation, the market value of land is required to be assessed. For facts, RFA No.1507 of 2001 titled 'Vinay Kumar v. State of Haryana and another' is being taken up. The land falling in Village Malerna, measuring 96.33 acres was acquired as a consequence of Notification issued on 8.5.1995 under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'), for a public purpose; namely, for the development and utilisation of land as REGULAR FIRST APPEAL No. 1507 of 2001 2 transport communication, commercial, residential and institutional for Sector 61, Faridabad, under the Haryana Urban Development Authority Act, 1977. The Land Acquisition Collector assessed the market value of the acquired land at the rate of Rs.1,50,000/- per acre. A reference under Section 18 of the Act was filed, claiming enhancement of the market value on the plea that the land was worth more than Rs.5,000/- per square yard as the same was located abutting Delhi- Mathura National Highway No.2 and there were approved residential colonies and factories in the vicinity. Having regard to the facts of the case, the reference court, relied on Exhibit P-1, which was an award delivered by the District Judge in LAC No.152 of 2000 titled 'Hari Kishan v. State', dated 23.12.2000, assessing the market value of the land at Rs.400/- per square yard. The matter being covered, the market value was assessed accordingly. The present appeal has been carried against the said award. Learned counsel for the parties admit that the issue of assessment of market value of land in Villages Jharsentli, Malerna, Chandawali, Unchagaon and some part of Sahupura, has been addressed by this Court while dealing with RFA No.2501 of 2001 (Ved Pal and others v. State of Haryana and others) decided on 3.5.2006. This court, in Ved Pal's case (supra), has considered the acquisition of land under various notifications, including the one issued on 8.5.1995 under Section4 of the Act. It has been found that it would be appropriate to assess the market value of the acquired land in all the aforementioned villages REGULAR FIRST APPEAL No. 1507 of 2001 3 simultaneously and by adopting same yardstick. The following is the operative part of the judgment:- “As a result of the aforesaid discussion, the appeals filed by the claimants are allowed to the extent that acquired land in village Jharsentli for establishment of Transport Nagar in Sector 61, Faridabad shall be assessed at the market value of Rs.500/- per square yard whereas the remaining acquired land for Sectors 62, 64 and 65 in the remaining villages shall be assessed at the rate of Rs.450/- per square yard. The claimants shall also be entitled to all the statutory benefits as admissible to them in accordance with law.” As noticed above, the land in the present case has been acquired for utilisation of as transport communication, commercial, residential and institutional for Sector 61, Faridabad, therefore, the market value of the land is assessed at Rs.500/- per square yard. The claimants shall also be entitled to all the statutory benefits as admissible to them in accordance with law. Consequently, the appeals are allowed in the above terms. January 9, 2008 ( AJAI LAMBA ) Kang JUDGE