RFA No. 2282 of 2005 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 2282 of 2005 (O&M) Date of decision: 06.07.2009 Harjit Singh and others ....Appellants Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Naresh Kaushal, Advocate, for the appellants. Mr. Arvind Mittal, Addl. A.G., Punjab. ***** VINOD K. SHARMA, J (ORAL) C.M. No. 1873-CI of 2009 Allowed as prayed for. C.M. No. 1874-CI of 2009 & RFA No. 2282 of 2005 This application under Section 151 of the Code of Civil Procedure has been moved by the applicant-appellants for disposal of the Regular First Appeal in terms of the judgment dated 23.8.2006 passed by this Court in R.F.A. No. 2322 of 1998 titled Harbachan Kaur and others Vs. The State of Punjab, and for grant of severance allowance @ 30% RFA No. 2282 of 2005 (O&M) -2- for the remaining unacquired land as ordered by this Court in R.F.A. No. 2369 of 2002 titled P.S.I.E.C. Vs. Udham Singh and another. The land of the applicant-appellants situated in village Sohana, Tehsil Mohali, District Rupnagar, was acquired for establishment of industrial area S.A.S. Nagar by way of notification dated 11.11.1993 issued under Section 4 of the Act. The Land Acquisition Collector assessed the price of the land @ Rs.1,75,000/- per acre. The learned Additional District Judge had enhanced the compensation to Rs.6,96,000/- per acre. The land owners preferred an appeal in this Court, and one of such appeals R.F.A. No. 2322 of 1998 was allowed by this Court by enhancing the compensation payable to Rs.8 lac per acre. The land owners were granted other statutory benefits also. It is not in dispute, that land of the appellants was also acquired by way of same notification and, therefore, they are entitled to compensation @ Rs. 8 lac per acre for the land acquired in view of the judgment of this Court in R.F.A. No. 2322 of 1998 titled as Harbachan Kaur and others Vs. The State of Punjab. It is also not in dispute, that land of the appellants has been bifurcated into two parts. The reference Court has awarded only 5% of the market value as severance allowance. However, in some of the cases, the reference Court had awarded severance allowance @ 30%. In appeal, the grant of severance allowance @ 30% has been affirmed by this Court in R.F.A. No. 2369 of 2002 decided on 8.8.2008. The claim of severance allowance, therefore, is also covered by the decision of this Court. The above facts are not disputed by the Learned Additional RFA No. 2282 of 2005 (O&M) -3- Advocate General, Punjab. Consequently, the appeal is allowed and the compensation awarded to the appellants for acquisition of land is enhanced to Rs.8 lac per acre. In addition they are also granted 30% of the amount assessed as severance allowance due to bifurcation of the land. The appellants are also held entitled to statutory solatium and other statutory benefits as per provisions of the Land Acquisition Act. Appeal allowed. (Vinod K. Sharma) Judge July 06, 2009 R.S.