RFA No.2510 of 1993 -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.2510 of 1993 Date of Decision: 8.5.2009 The State of Punjab through Land Acquisition Collector, SYL Canal Project, Patiala ...Appellant. Vs. Ajit Singh and others ...Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.N.S.Pawar, Addl.AG Punjab for the State/appellant. Mr.C.B.Goel, Mr.Nitin jain and Ms.Stuti Kohli, Advocate for the appellant in RFA No.3083 of 1992. Mr.Amit Jain, Advocate for the claimants/respondents. RAKESH KUMAR JAIN, J.(ORAL) By this common judgment, I shall be disposing of 10 Regular First Appeals out of which five appeals bearing Nos.2510 to 2514 of 1993 are filed by State of Punjab and five appeals bearing Nos.2077 of 1993, 2911, 3083, 3261 and 3262 of 1992 are filed by claimants against the award of District Judge, Ropar dated 27.7.1992 in which identical question of law and facts are involved. However, the facts are being extracted from RFA No.2510 of 1993. Briefly stated the facts of the case are that vide notification issued under Section 4 of Land Acquisition Act, 1894 (for short `the Act') dated 14.3.1987, land of village Sarkapra was acquired for the construction of Chuni Distributory from RD 140 to 4542 meters. The Land Acquisition RFA No.2510 of 1993 -2 - Collector (for short `the Collector') vide his award No.299/R-SYL, dated 16.9.1987 valued the acquired land as under: Sr.No. Nature of land Value per acre 1. Chahi Rs.62,000/- 2. Barani Rs.50,000/- 3. Gair Mumkin/Banjar Rs.35,000/- On reference sought under Section 18 of the Act, the learned District Judge, Ropar enhanced the compensation at the following rates: Sr.No. Nature of land Value per acre 1. Chahi Rs.One lac 2. Barani Rs.75,000/- 3. Gair Mumkin Rs.60,000/- The claimants were also awarded statutory benefits in terms of the provisions of the Amended Act with costs of the appeals. Sh.N.S.Pawar, Addl.AG Punjab appearing on behalf of State while pursuing the appeals filed by State of Punjab and opposing the appeals filed by the claimants has very fairly conceded that the present appeals are squarely covered by the decision of this Court in RFA No.2808 of 1992 titled as Ajmer Singh and another Vs. State of Punjab decided on 30.1.2009. Sh.Amit Jain, learned counsel appearing on behalf of the claimants has contended that the appellants are entitled to compensation of Rs.1,25,000/- per acre in respect of Chahi land. As against this, learned counsel for the State has submitted that the land of village Sarkapra does not fall within the Periphery Control Act, therefore, the compensation which has been awarded by the Reference Court, cannot be enhanced to RFA No.2510 of 1993 -3 - Rs.1,25,000/- per acre. After hearing the learned counsel for the parties, I do not find any merit in the contention of learned counsel for the claimants. The compensation which has been enhanced by the Reference Court is on the basis of agreement between the then Chief Minister, Punjab and the members of Action Committee in respect of the land of Ropar vide which for the acquisition of Chahi kind of land, it was decided to pay Rs.1 lac per acre. Thus, there is no evidence for further enhancement of compensation nor the compensation which has been awarded by the Reference Court can be reduced in view of the agreement between the then Chief Minister, Punjab and the members of Action Committee. No other point has been raised by either of the party before this Court. In view of the above discussion, I do not find any merit in the present appeals either filed by claimants or filed by the State of Punjab, the same are hereby dismissed without any order as to costs. (Rakesh Kumar Jain) 8.5.2009 Judge Meenu