RFA No.312 of 2010(O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA No.312 of 2010 (O&M) DATE OF DECISION: 30.08.2010 **** State of Haryana through Land Acquisition Collector, Panchkula. . . . . Appellant VS. Shakuntala and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Anjum Ahmed, Addl. A.G. Haryana for the appellant. Mr.Ashok Khubbar, Advocate for respondents No.1 to 3. **** RAKESH KUMAR JAIN J. (ORAL) Vide notification issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (for short ‘the Act’) dated 28.8.2001 followed by notification issued under Section 6 of the Act dated 30.8.2001, total land measuring 60.94 acres of village Gobindpura, Hadbast No.407, Tehsil Jagadhri, District Yamuna Nagar was acquired for public purpose namely for development and utilization of land for construction of road in Sector 18, part Jagadhri. The Land Acquisition Collector, Urban Estate, Haryana, Panchkula (for short ‘the Collector) vide his award No.10 dated 27.3.2002 awarded compensation for the acquired land @ Rs.6 lacs per acre. RFA No.312 of 2010(O&M) - 2 - Unsatisfied land-owners preferred objections under Section 18 of the Act against the award passed by the Collector, before the Civil Court for adjudication where the compensation has been granted vide the impugned order dated 19.3.2009 to the tune of Rs.11,32,800/- along with all statutory benefits as per the provisions of amended Act. This appeal was admitted on 2.7.2010 and notice was issued on an application filed by the appellant/State under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’) for staying the disbursement of enhanced compensation to the respondents to which learned counsel for respondents No.1 to 3 had prayed for time to file reply. Today, learned counsel for respondents No.1 to 3 has produced a decision of this Court by which a bunch of 51 cases arising out of the same notification and award have been disposed of which included the appeals filed by the State of Haryana as well as by the Claimants. The main case in the bunch of 51 cases is RFA No.6 of 2008 titled as “State of Haryana Vs. Seema Rani and others” decided on 08.12.2008. This Court, allowed the appeals filed by the landowners only to the extent of a depth of 100 meters on Jagadhri-Yamunanager bye pass wherein the value of the acquired land is re-assessed to the tune of Rs.2,000/- per square meter and the compensation of land behind 100 meters was assessed at the same rate which has been given by the reference Court. However, appeals filed by the State were dismissed. Thus, the present appeal is directly covered by the decision rendered by this Court in RFA No.6 of 2008 titled as “State of Haryana Vs. Seema Rani and others” decided on 08.12.2008 and as such present appeal is hereby dismissed. RFA No.312 of 2010(O&M) - 3 - (RAKESH KUMAR JAIN) 30.08.2010 JUDGE Vivek