R.F.A. No. 2703 of 2007 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 2703 of 2007 (O&M) and Cross-objection No. 10/CI of 2011 Date of decision: 24.2.2011 State of Haryana .....Appellant vs Ishwer and others .....Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana. Mr. Deepak Kundu, Advocate for Mr. R. N. Lohan, Advocate, for the land owners. Rajesh Bindal J. This order will dispose of the following appeals bearing RFA Nos. 2703, 2704, 2914, 4040 to 4055, 4234 of 2007; RFA Nos. 1333, 1745, 1850 to 1852, 2190, 2191, 4494 to 4497, 5265 of 2008; RFA Nos. 36, 2625, 2626, 2711, 2712, 4572 of 2009; and Cross-objection Nos. 1, 2, 10/CI of 2011, as common questions of law and facts are involved. In the appeals filed by the land owners, they are seeking further enhancement of compensation for the acquired land. Whereas in the appeals filed by the State of Haryana, prayer is for reduction thereof. Briefly the facts of the case are that vide notification dated 18.3.2002 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), State of Haryana sought to acquire land situated in villages Siwana Mall, Anchera Khurd, Sarfabad, Bagru Khurd, Bhambhewa, District Jind, for construction of Siwana Mall Distributory. The same was followed by notification dated 17.6.2002, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') awarded compensation for the acquired land @ ` 1,50,000/- per acre. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land @ ` 3,00,000/- per acre. R.F.A. No. 2703 of 2007 [2] Vide another notification of the same date, State of Haryana sought to acquire land situated in village Dhamtan Sahib, District Jind, for Kalwan Sub-minor. The same was followed by notification dated 7.8.2002, issued under Section 6 of the Act. The Collector awarded compensation for the acquired land @ ` 1,80,000/- per acre. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land @ ` 3,50,000/- per acre. Aggrieved against the impugned awards of the learned court below, both the parties are in appeal before this court. Learned counsel for the parties submitted that the issue raised in the present set of appeals is similar to one raised in the appeals which have been disposed of vide judgments dated 19.1.2011 passed in RFA No. 2564 of 2005 – Kailasho and others vs State of Haryana; dated 20.1.2011 passed in RFA No. 2112 of 2006- Pawan and others vs State of Haryana, and RFA No. 2106 of 2006- State of Haryana vs Banwari and others, decided on 2.2.2011, whereby this court while setting aside the impugned awards, remitted the cases back to the learned court below for fresh decision after permitting the parties to lead further evidence to justify their claim. Acquisition in the present set of appeals and the cases already decided is for the purpose of construction of various small drains in the same area. The learned court below also determined compensation in the same manner. Accordingly, for the reasons recorded in the aforesaid judgments, the present appeals are also disposed of in the same terms. The parties through their counsels are directed to appear before learned District Judge, Jind on 25.3.2011. It would be appropriate if District Judge clubs the cases with the cases remitted earlier. The learned court below shall dispose of the cases expeditiously preferably by the end of year 2011 after affording adequate opportunities to both the parties, may be by giving short dates. 24.2.2011 (Rajesh Bindal) vs Judge