IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 805 of 2009 Date of Decision: 13.8.2009 Om Parkash and another ....Appellants. Versus State of Haryana and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Sandeep Goyal, Advocate for the appellant. Mr. Ashish Sharma, DAG, Haryana, for respondents No.1 and 2. Mr. Raghujeet Singh Madan, Advocate, for respondent No.3. AJAY KUMAR MITTAL, J. This order shall dispose of three appeals bearing RFA Nos. 805, 806 and 807 of 2009 filed by the landowners for enhancement of the amount of compensation awarded by the reference court as the same have arisen from the same award and relate to the same acquisition. For brevity, the facts are being taken from RFA No. 805 of 2009. The respondent-State of Haryana vide notifications dated 19.7.2002 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) and dated 17.7.2003 under Section 6 of the Act had acquired 239.56 acres of land situated within the revenue estate of RFA No. 805 of 2009 -2- village Patti Gaddar, Kaithal Hadbast No.19, Tehsil and District Kaithal, for the public purpose, namely, development and utilization of residential and commercial Sector-18, Kaithal. The Land Acquisition Collector, Kaithal, vide its award dated 16.7.2005 determined the market value of the acquired land at the rate of Rs.5,00,000/- per acre. Feeling aggrieved, the claimants filed a reference under Section 18 of the Act and the reference court vide its award dated 31.1.2007 had awarded compensation of the acquired land at the rate of Rs.350/- per square yard. Besides the aforesaid compensation, the landowner- claimants were held entitled to costs and all other statutory benefits including solatium, additional amount and interest in accordance with the provisions of the Act. Still feeling not satisfied, the claimants have filed the instant appeal for enhancement of the amount of compensation. Learned counsel for the parties are ad idem that against the same acquisition, some of the other claimants had also approached this Court for further enhancement of the compensation and the matter has already been remanded to the reference court vide order dated 5.12.2008 passed in RFA No.361 of 2007 (Jiwan Dass v. State of Haryana and another) for fresh consideration of the material placed on record by the parties. The present appeals have been filed by the claimants for enhancement of the amount of compensation awarded by the reference court vide the same award. The parties are not at variance on the factual concept of the matter that the material on record of the present case had not been noticed by the reference court while passing the impugned award. In RFA No. 805 of 2009 -3- view thereof, the award is set aside and the matter is remanded to the reference court for deciding the same afresh in terms of the order dated 5.12.2008 passed by this Court in RFA No. 361 of 2007 (Jiwan Dass v. State of Haryana and another) and other connected appeals. The appeals are disposed of accordingly. August 13, 2009 (AJAY KUMAR MITTAL) gbs JUDGE IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 806 of 2009 Date of Decision: 13.8.2009 Smt. Ramrati and others ....Appellants. Versus State of Haryana and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Sandeep Goyal, Advocate for the appellants. Mr. Ashish Sharma, DAG, Haryana, for respondents No.1 and 2. Mr. Raghujeet Singh Madan, Advocate, for respondent No.3. AJAY KUMAR MITTAL, J. This appeal is disposed of, remanding the matter to the reference court for deciding the same afresh. For reasons, see the judgment of even date recorded in RFA No. 805 of 2009 (Om Parkash and another v. State of Haryana and others). August 13, 2009 (AJAY KUMAR MITTAL) gbs JUDGE IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 807 of 2009 Date of Decision: 13.8.2009 Ishwar ....Appellant. Versus State of Haryana and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Sandeep Goyal, Advocate for the appellant. Mr. Ashish Sharma, DAG, Haryana, for respondents No.1 and 2. Mr. Raghujeet Singh Madan, Advocate, for respondent No.3. AJAY KUMAR MITTAL, J. This appeal is disposed of, remanding the matter to the reference court for deciding the same afresh. For reasons, see the judgment of even date recorded in RFA No. 805 of 2009 (Om Parkash and another v. State of Haryana and others). August 13, 2009 (AJAY KUMAR MITTAL) gbs JUDGE