RFA No. 4942 of 2008 1 In the High Court of Punjab & Haryana at Chandigarh RFA No. 4942 of 2008 (O&M) Date of decision : 26.4.2011 Puran Singh Saini ....Appellant vs State of Haryana ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Rajiv Sharma, Advocate, for the appellant. Mr. D. D. Gupta, Additional Advocate General, Haryana. Rajesh Bindal J. The claimant has filed the present appeal seeking enhancement of compensation for the superstructures existing on the acquired land. Briefly, the facts of the case are that vide notification dated 3.7.1995 issued under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”), the State of Haryana, sought to acquire land along with superstructures situated within Hadbast No. 118, Village Ajronda, Tehsil and District Faridabad, for commercial, institutional, recreational and residential purposes in conformity with development plan for Sector 20-A, Faridabad. The Land Acquisition Collector (for short, 'the Collector') determined the market value at ` 1,75,125/- for the building. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below rejected the claim. It is this award which is impugned by the claimant before this court. A perusal of the impugned award shows that the appellant could not prove on record by leading any cogent and convincing evidence showing the value of the superstructure at ` 9,00,000/- to ` 10,00,000/- as has been claimed by him. However, the Collector has only granted the amount so assessed by the PWD authorities as compensation on account of acquisition of superstructures and trees and the learned court below has not granted any increase thereon. RFA No. 4942 of 2008 2 It is always that some rough estimate is made by applying a thumb rule and assessment in such cases cannot be made with mathematical exactitude. The claimants always make exhorbitant claims for the superstructures, whereas the State functionaries estimate the value thereof at its lowest price. In the present appeal, the Collector has granted compensation of ` 1,75,125/- for the building as assessed by the PWD authorities. It was 23 constructed rooms covered with chader, six rooms covered with guarder Tukri, one verandah, one kitchen, one latrine, one bathroom, one submersible pump, one hand pump, one well, one water haudi (tank) with pucca water drain, which was being used by the appellant for residential purposes. The appellant has proved the existence of superstructure on the acquired land on the date of notification under Section 4 of the Act. Accordingly, by applying thumb rule, the value of the superstructure is assessed at ` 2,50,000/-. The appeal stands disposed of in the above terms. 26.4.2011 (Rajesh Bindal) vs. Judge