R. F. A No. 4203 of 1998 (1) In the High Court of Punjab & Haryana at Chandigarh RFA No. 4203 of 1998 (O&M) Date of decision : 26.8.2010. Indira and others ..... Appellants vs State of Haryana and another ... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Adish Gupta, Advocate, for the appellants. Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J. This order will dispose of bunch of appeals bearing RFA Nos. 4203 to 4209 of 1998 and 173 of 1999 filed by the landowners seeking further enhancement is compensation for the acquired land, as the same arise out of common acquisition. Briefly, the facts are that vide notification dated 9.1.1992, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land measuring 29 kanals 17 marlas situated within the revenue estate of village Piyala and land measuring 65 kanals 15 marlas situated within in the revenue estate of village Asawati, District Faridabad, for setting up a plant to manufacture various types of M.S. Barels/Greeses by M/s Balmer Lawrie and Company Limited (A Government of India undertaking). The Land Acquisition Collector assessed the market value of the acquired chahi land @ ` 1,25,000/- per acre for village Piyala and ` 1,50,000/- per acre for Village Asawati. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below dismissed the same vide award dated 29.7.1998. It is this award which is challenged in the present set of appeals. Learned counsel for the appellants submitted that the court below had wrongly dismissed the reference. It had totally ignored the evidence led by the landowners. He submitted that the acquired land is surrounded by fully developed sectors but the court below had ignored all these facts. It was submitted that in another reference the court below had assessed the market value of the land acquired vide notification dated 24.12.1993 in village Piyala for the same very purpose @ ` 3,00,000/- per acre i.e. ` 62/- per square yard by relying upon award R. F. A No. 4203 of 1998 (2) dated 11.2.1993, Ex. A-5, in respect of Village Piyala vide which the market value of the land acquired vide notification dated 11.1.1985 for construction of Liquified Petroleum Gas Bottling Plant by M/s Bharat Petroleum Corporation was assessed @ ` 30/- per square yard. The land in question was acquired vide notification dated 9.1.1992. The land in the present case is of village Piyala which was the subject matter of award dated 23.8.1999 and 11.2.1993. It was prayed that market value of the land in the present case be assessed as per award dated 11.2.1993 after granting increase considerable increase. Land of village Piyala and Asawati is adjoining to each other. On the other hand, learned counsel for the State submitted that just and fair compensation has been awarded by the court below after considering the evidence led by the parties which does not call for any interference Heard learned counsel for the parties and perused the relevant referred record. It is admitted case of the parties that the court below assessed the market value of the land acquired vide notification dated 11.1.1985 @ ` 30/- per square yard which was followed in the award dated 23.8.1999 vide which the market value of the land acquired vide notification dated 24.12.1993 was assessed @ ` 62/- per square yard. It is also not disputed by counsel for the parties that the land in the present case is of the same village and acquired for the same very purpose for which the land vide notification dated 24.12.1993 was acquired. The land in question was acquired on 9.1.1992 i.e. after 7 years from the notification dated 11.1.1985. If the base is taken in terms of the value of the land as ` 30/- per square yard as given in award dated 11.2.1993, where the acquisition was carried out vide notification dated 11.1.1985 in the village Piyala, the reasonable increase for time gap in between two acquisitions can very well be granted. The acquisition in the present case was carried out vide notification dated 9.1.1992. Keeping in view the time gap of 7 years between the two acquisitions, in my opinion, increase @ 12% per annum would be reasonable. Accordingly, the value of the land in the present appeals is determined @ ` 55.20 per square yard. The appellants shall also be entitled to the statutory benefits available under the Act. The appeals are disposed of in the above terms. 26.8.2010 (Rajesh Bindal) vs. Judge