R.F.A. No. 2900 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.F.A. No. 2900 of 2008 (O&M) Date of Decision : 10.8.2009 Sohan Singh .......... Appellant Versus Union Territory, Chandigarh ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. P.C. Dhiman, Advocate for the appellant. Mr. Gurinderjit Singh, Advocate for the respondent. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 5845-CI of 2008 This is an application under Section 5 of the Limitation Act for condoning the delay of 150 days in filing the appeal. It has been averred in the application that the delay in filing the appeal has occurred as there was no communication by the counsel with regard to the disposal of the case. It has been averred that as number of cases were still pending, the appellant was not sure as to whether his case stood decided or not. It was only on 8.1.2008 that the applicant / appellant came to know about the passing of the award and immediately thereafter he moved the appeal along with this application. The application is supported by an affidavit. R.F.A. No. 2900 of 2008 2 Notice of the application was given, however, no reply has been filed. The averments made, therefore, go unrebutted. The application is accordingly allowed, delay of 150 days in filing the appeal is condoned. R.F.A. No. 2900 of 2008 With the consent of the parties, this regular first appeal is taken up for hearing. For the public purpose for the development of third phase of Chandigarh, the U.T. Administration, Chandigarh issued notification under Section 4 of the Land Acquisition Act, 1894 ( for shot, 'the Act') dated 4.5.2000. The U.T. Administration sought to acquire 116.231 acres land situated in village Kajheri, Nizampur Kumbra, Maloya and Palsora etc. at public expenses. The Land Acquisition Collector gave his award on 21.3.2003 awarding compensation @ Rs. 13,05,776/- per acre for Chahi, Barani, Gair Mumkin and Banjar Quadim and Rs. 5,44,075/- per acre for Gair Mumkin Khadan and choe etc. The appellant being dis-satisfied with the award sought reference under Section 18 of the Land Acquisition Act along with other landowners. The references filed by different landowners were consolidated and disposed of by common award dated 17.4.2007. The learned reference Court enhanced the compensation payable for the acquired land to Rs. 16,40,450/- per acre. The landowners were further held entitled to other statutory benefits under the Land Acquisition Act. It is the case of the appellant that some of the landowners being R.F.A. No. 2900 of 2008 3 dissatisfied with the impugned award filed RFAs in this Court, one such RFA being No. 4238 of 2006 titled Mrs. Avtar Sachdev and others Vs. Union Territory, Chandigarh. The first appeal was decided by this Court along with other 393 other cases on 2.4.2009. This Court while accepting the appeals was pleased to enhance the compensation payable at Rs. 20,78,400/- per acre along with all statutory benefits. Whereas the assessment for the land forming part of land Gair Mumkin Nadi/Choe was at Rs. 8,66,000/- per acre. The land of the appellant herein is Chahi land. It is not in dispute that this appeal is squarely covered by the decision of this Court in the case of Mrs. Avtar Sachdev and others Vs. Union Territory, Chandigarh. The appeal is allowed in same terms and the market value of the acquired land is enhanced to Rs. 20,78,400/- per acre along with all statutory benefits. No costs. 10.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE