R. F. A No. 653 of 1997 (O&M) 1 In the High Court of Punjab & Haryana at Chandigarh Date of decision : 30.10.2008 1. R. F. A No. 653 of 1997 (O&M) Jaggi ..... Appellant vs The State of Haryana and another ... Respondents 2. R. F. A No. 234 of 1997 (O&M) Kanwar Lal ..... Appellant vs The State of Haryana and another ... Respondents 3. R. F. A No. 730 of 1997 (O&M) Mohinder Singh ..... Appellant vs The State of Haryana and another ... Respondents 4. R. F. A No. 958 of 1997 (O&M) Mahipal Singh ..... Appellant vs The State of Haryana and another ... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Shailender Jain, Advocate, for the appellants in R. F. A. Nos. 234 and 653 of 1997. Mr. Akshay Bhan, Advocate, for the appellants in R. F. A. Nos. 730 and 958 of 1997. Mr.Navneet Singh, Assistant Advocate General, Haryana. Rajesh Bindal J. This order shall dispose of Regular First Appeal Nos. 234, 653, 730 and 958 of 1997, filed by the landowners for further enhancement of compensation, as the same arise out of the same acquisition. However, the facts have been extracted from R. F. A. No. 653 of 1997. Briefly, the facts are that vide notification dated 22.8.1988, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana, acquired 80 kanals of land, for public purpose R. F. A No. 653 of 1997 (O&M) 2 namely for development as residential and commercial for Sector-21 Extension, Faridabad-Ballabgarh. The Land Acquisition Collector assessed the market value of the land @ 2 lacs per acre. Dissatisfied with the award of the Land Acquisition Collector, the appellants/landowners filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 30.10.1996, determined the market value of the acquired land @ Rs. 45/- per square yard. It is this award dated 30.10.1996, which is under challenge before this court in the present appeals. Learned counsel for the appellants/landowners argued that the land in question pertains to Village Mewla Maharajpur (Hadbast no.4) and Village Ankhir (Hadbast No.5). The acquisition was for development thereof as a residential and commercial Sector-21 Extension, Faridabad- Ballabgarh. He further submitted that vide notification of the even date namely 22.8.1988 another chunk of land forming part of Hadbast no. 4 in Village Mewla Maharajpur was acquired for development thereof as residential and commercial area for Sector-46 Part-II of Faridabad- Ballabgarh. This court vide judgment dated 27.7.2005 in L. P. A. No. 920 of 1994 Horam vs The State of Haryana and another, determined the value of the acquired land pertaining to Village Mewla Maharajpur, which was acquired for Sector-46 Part-II, Faridabad, at Rs. 200/- per square yard. The land in question is just adjoining the land of Village Mewla Maharajpur and in fact a part thereof was acquired vide notification dated 11.5.1990 for the purpose of Sector 21-D, Faridabad-Ballabgarh in which relying upon the earlier acquisition pertaining to Sector-46 Part-II, this court in L. P. A. No. 1367 of 2001 Suresh Chand Garg vs The State of Haryana and others, decided on 10.8.2005 determined the value of the acquired land at Rs. 200/- per square yard. It is submitted that as the land in Villages Ankhir and Mewla Maharajpur are located in the vicinity and for the purpose of determination of fair value of land in Village Ankhir the award for Village Mewla Maharajpur was relied upon. The value of the acquired land in the present case pertaining to Villages Mewla Maharajpur and Ankhir should also be determined at the same terms. Learned counsel for the State did not dispute the facts as stated above regarding determination of value of the land pertaining to acquisition for the years 1988 and 1990 of Villages Mewla Maharajpur and Ankhir. R. F. A No. 653 of 1997 (O&M) 3 As the issue regarding determination of compensation for the acquired land pertaining to Villages Mewla Maharajpur and Ankhir has already been gone into by this court in Suresh Chand Garg's case (supra), for the detailed reasons given therein the impugned award of the learned court below is modified and the value of the land in the present appeals is also determined at Rs. 200/- per square yard. The appellants shall also be entitled to all statutory benefits. The appeals are disposed of, accordingly. 30.10.2008 ( Rajesh Bindal) vs. Judge