R.F.A. No. 5217 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.F.A. No. 5217 of 2008 (O&M) Date of Decision : 3.8.2009 The Badkhal Lake Coop House Building Society Ltd. .......... Appellant Versus Haryana State & another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Shailendra Jain, Advocate for the appellant. Mr. A.K. Gupta, Addl. A.G., Haryana . **** VINOD K. SHARMA, J. (ORAL) C.M. No. 8975-CI of 2009 This is an application for exemption from filing certified copies of Annexures A-1 & A-2. For the reasons stated in the application, C.M. is allowed, the filing of certified copies of Annexures A-1 & A-2., is ordered to be dispensed with. C.M. No. 8976-CI of 2009 This application under Section 151 of the Code of Civil Procedure has been moved for disposal of the appeal in terms of order dated 7.8.2008 passed by this Court in RFA No. 3659 of 1998 titled Uday Ram Bhatt Vs. State of Haryana & Ors. R.F.A. No. 5217 of 2008 2 The learned Addl. A.G., Haryana accepts notice. It is not in dispute that this appeal is squarely covered by the decision of this Court in RFA No. 3659 of 1998 titled Uday Ram Bhatt Vs. State of Haryana & Ors. The application is allowed, and with the consent of the parties, the main case is taken up for hearing. RFA No. 5217 of 2008 The appellants have challenged the award passed by the learned Addl. District Judge, Faridabad, on a reference made under Section 18 of the Land Acquisition Act ( hereinafter referred to as “ the Act”). The State of Haryana by way of notification dated 7.9.1992 issued under Section 4 of the Act sought to acquire the land measuring 483.61 acres at village Mewla Maharajpur, and thereafter vide notification dated 17.9.1993 it showed its intention to acquire additional land measuring 3 acres in the same village for public purpose namely for development and utilization of land as residential, commercial and institutional, Sector 44 and 47 Faridabad. The Land Acquisition Collector ( for short “the Collector”) assessed the market value of acquired land at Rs. 1,96,800/- ( Rupees one lac ninety six thousand and eight hundred only ) per acre. The appellant / landowers sought reference, which was partly accepted and the market value of the acquired land was fixed at Rs.90/- per square yard. The appellants were further held entitled to all statutory benefits like solatium and interest. The award passed by the Collector was based on the judgment of the Hon'ble Supreme Court. R.F.A. No. 5217 of 2008 3 It may be pertinent to mention here that on earlier occasion the learned Addl. District Judge assessed the market value at Rs. 325/- per square yard. However, on appeal, this Court was pleased to reduce the compensation to Rs. 90/- per square yard. The landlowers as well as the State went in appeal and the Hon'ble Supreme Court in the case of “Vinod Bansal vs. State of Haryana and another” was pleased to accept the appeal and set aside the orders passed by this Court and remit the case to the reference Court for fresh disposal by stipulating therein that the reference Court shall not fix the rate at less than Rs. 90/- per square yard. One of the appeals i.e. RFA No. 3659 of 1998 titled Uday Ram Bhatt Vs. State of Haryana arising out of the same acquisition was disposed of by this Court on 7.8.2008 by following the decision of the Hon'ble Supreme Court in Civil Appeal No. 9808 of 2003 titled as “ Vinod Bansal Versus State of Haryana and another. The matter being squarely covered by the decision of this Court, this appeal is allowed. The order of the reference Court is set aside and the matter is remitted back to the learned reference Court to decide the reference in terms of the order passed by the Hon'ble Supreme Court in Civil Appeal No. 9808 of 2003 titled as “ Vinod Bansal Versus State of Haryana and another decided on 27.10.2004. 3.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE