R.F.A. No.2372 of 1991 and R.F.A. No.2513 of 1991 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) R.F.A. No.2372 of 1991. Decided on July 15, 2009. Mehar Singh .. Appellant VERSUS State of Haryana and another .. Respondents * * * (2) R.F.A. No.2513 of 1991. Daryao Singh .. Petitioner VERSUS State of Haryana and another .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.Ramesh Hooda, Advocate, for Mr.Surender Lamba, Advocate, for the appellant. Mr.Lokesh Sinhal, Addl. A.G., Haryana. ...1 R.F.A. No.2372 of 1991 and R.F.A. No.2513 of 1991 M.M.S. BEDI, J . By this judgment, I propose to dispose of two Regular First Appeals bearing Nos.2372 of 1991 and 2513 of 1991, as both arise out of the same notification of acquisition under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') dated 01.05.1986 and have been dealt with together by the reference Court below. Land measuring 32.25 acres situated in village Rohtak, Had Basat No.74, Tehsil and District Rohtak, was acquired by State of Haryana for construction of 220 Kilowatt Sub Station,vide notification dated 01.05.1986, issued under Section 4 of the Act. The said notification was followed by notification under Section 6 of the Act, published in Govt. Gazette dated 01.09.1986. The appellants are the owners of different parcels of the acquired land. The Land Acquisition Collector classified the land into following categories and awarded compensation vide Award dated 24.03.1987 as follows:- Sr.No. Class of land Area Price per acre 1. Chahi-Nehri 43B 03B 10,78,750/- 2. G.M.Barani 5B 18B 1,10,625/- 3. G.M.Banjar 0B 18B 15,750/- The land owners were not satisfied with the amount of compensation fixed, as such, they moved an application under Section 18 of the Act before the Collector. The Collector made ...2 R.F.A. No.2372 of 1991 and R.F.A. No.2513 of 1991 reference to the District Judge, Rohtak. The appellants along with other claimants claim that the market value of the acquired land on the date of acquisition was Rs.200/- per square yard and that the Collector had failed to appreciate the potential value of the acquired land and that the collector had illegally placed Chahi land in the inferior quality, as such, Award passed by him was not proper. It was claimed that the acquired land was situated on the National Project Area between Jind and Gohana Roads and that the said land is most considerable land for industrial and residential purposes being part of Rohtak city. The respondents in their written statement pleaded that the market value assessed by the Collector was appropriate and that the same has been assessed after taking into consideration the potential value of the acquired land. After taking into consideration the entire oral as well as documentary evidence, the reference Court came to the conclusion that the appellants-claimants are not entitled to any enhanced compensation except Rs.40,000/- per acre for the land classified as Banjar Qadim and Barani. The sale deeds indicating the sale consideration @ Rs.1,69,400/- per acre to Rs.5,03,360/- per acre for the period from year 1984 to 1988 were relied upon by the claimants for seeking the determination of the market value at a higher rate. The reference Court had taken into consideration all the ...3 R.F.A. No.2372 of 1991 and R.F.A. No.2513 of 1991 sale deeds and discarded the same on the ground of nature of the land in the sale deeds and on the ground of non-production of site plan indicating the location of the properties in the sale deeds, dismissed the reference to enhance the compensation only for Banjar Qadim and Barani land from Rs.30,000/- and Rs.28,000/- per acre to Rs.40,000/- per acre. During the course of arguments, counsel for both the parties have submitted that the subject matter of the appeal in this case is covered by the decision of RFA No.1139 of 1992 by virtue of which 10 appeals have been decided by another Bench of this Court, holding that appellants are entitled to a sum of Rs.79,986/- instead of Rs.40,000/- per are as a uniform rate for all types of land along with all the statutory benefits in terms of provisions of the Act along with costs of the appeal. The Advocate General has not been able to distinguish the judgment of this Court in RFA No.1139 of 1992, which arises from the same notification under Sections 4 & 6 of the Act. In view of the said circumstance, the above said appeals are allowed in the similar terms as in RFA No.1139 of 1992. It is ordered that the appellants would be entitled to a sum of Rs.79,986/- per acre instead of Rs.40,000/- per acre assessed for all kinds of land at a uniform rate along with all the statutory benefits. The appeals are allowed and it is ordered that the ...4 R.F.A. No.2372 of 1991 and R.F.A. No.2513 of 1991 appellants will be entitled to a sum of Rs.79,986/- per acre at a uniform rate for all types of land along with all the statutory benefits in terms of the provisions of the amended Act, with costs of the appeal. (M.M.S.BEDI) JUDGE July 15, 2009. rka ...5