RFA No. 2112 of 2010 1 In the High Court of Punjab & Haryana at Chandigarh CM No. 5392/CI of 2010 and RFA No. 2112 of 2010 (O&M) Union Territory, Chandigarh ..... Appellant vs Davinder Singh .... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Hitesh Pandit, Advocate for Mr. Rajesh Garg, Advocate, for the appellant. Rajesh Bindal J. Union Territory of Chandigarh is in appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction of compensation for the acquired land. Briefly, the facts of the case are that Union Territory, Chandigarh, vide notification dated 4.5.2000, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), acquired land falling in the revenue estate of village Kajheri for the development of third phase of Chandigarh. The Land Acquisition Collector assessed the market value of the different kinds of land at different rates. The land owners/claimants feeling dissatisfied with the quantum of compensation awarded by the Collector, filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 5.5.2009 assessed the compensation of the acquired land at ` 16,40,500/- per acre. It is this award which is impugned in the present appeal. It is not disputed by the learned counsel for the appellant that this court had further enhanced the compensation to ` 20,78,400/- per acre payable to the landowners for the land acquired vide notification dated 4.5.2000 in RFA No. 4238 of 2006 Mrs. Avtar Sachdev and others vs Union Territory, Chandigarh, decided on 2.4.2009. The land in the present case was also acquired vide same notification. Inspite of the fact that this court had already decided the appeals on 2.4.2009 pertaining to the determination of fair market value of the acquisition in the present case, but the appellant department did not disclose this fact before the court below that this Court had already enhanced the compensation payable to the landowners for the land in question. Not only this, the appellant department has filed appeal before this court against the award of the learned court below even RFA No. 2112 of 2010 2 after this court had already enhanced the compensation further. Since this court already enhanced the compensation payable to the landowners in Mrs. Avtar Sachdev's case (supra), the present appeal filed by the Union Territory, Chandigarh, with an application for condonation of delay of 43 days is clearly misuse of public money and sheer wastage of court time. Accordingly, the appeal is dismissed with cost of ` 5,000/-. The amount shall be deposited with the High Court Legal Services Committee within a month. As there is no merit in the appeal, the application for condonation of delay is also dismissed. 12.8.2010 ( Rajesh Bindal) vs. Judge