R.F.A. No. 2117 of 1997 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: October 15 ,2008 1. R.F.A.No.2117 of 1997 Jagir Singh …Appellant Versus Union Territory ….Respondent 2. R.F.A.No.2027 of 1997 Capt. Kanwar Pal Singh and others …..Appellants Versus Union of India ….Respondent 3. R.F.A.No.2042 of 1997 Kartar Singh and others ..Appellants Versus Union Territory of Chandigarh ….Respondent 4. R.F.A.No.2116 of 1997 Ajmer Kaur ….Appellant Versus Union Territory Chandigarh ….Respondent 5. R.F.A.No.2121 of 1997 Ajmer Singh(deceased) through LR’s Shaminder Kaur and others ..Appellants Versus Land Acquisition Collector and others …Respondents 6. R.F.A.No.2122 of 1997 Bhagwan Dass and another ....Appellants Versus Union Territory Chandigarh .....Respondent 7. R.F.A.No.2310 of 1997 Goverdhan Singh .....Appellant Versus Union Territory of Chandigarh .....Respondent R.F.A. No. 2117 of 1997 [2] 8. R.F.A.No.2341 of 1997 Tara Singh and another ....Appellants Versus U.T., Chandigarh .....Respondent 9. R.F.A.No.2342 of 1997 Mehar Singh ...Appellant Versus Union of India ....Respondent 10. R.F.A.No.2343 of 1997 Mewa Singh ....Appellant Versus U.T., Chandigarh ....Respondent 11. R.F.A.No.2345 of 1997 Ujaggar Singh and others ....Appellants Versus Union Territory of Chandigarh ....Respondent 12. R.F.A.No.2346 of 1997 Jarnail Singh ....Appellant Versus Union of India ....Respondent 13. R.F.A.No.2422 of 1997 Dial Singh (deceased) through LR's Rajinder Singh and another ...Appellants Versus Union Territory of Chandigarh ....Respondent 14. R.F.A.No.2512 of 1997 Smt. Krishna Wanti ...Appellant Versus Union of India .....Respondent 15. R.F.A.No.2667 of 1997 Harjang Singh and others ...Appellants Versus Union Territory of Chandigarh ....Respondent R.F.A. No. 2117 of 1997 [3] 16. R.F.A.No.1081A of 1998 Jaspal kaur and others ....Appellants Versus Union Territory .....Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. P.C. Dhiman and Ms. Ekta Thakur, Advocates for the appellants. Ms. Lisa Gill and Mr. Deepak Sharma, Advocates for Union Territory, Chandigarh Rajesh Bindal J. This order shall dispose of the above mentioned R.F.A. Nos.2117, 2027, 2042, 2116, 2121, 2122, 2310, 2341 to 2343, 2345, 2346, 2422, 2512, 2667 of 1997 and 1081A of 1998 as the same arise out of a common acquisition. The land owners are in appeal before this Court against the award of the learned Court below for further enhancement of the compensation for the acquired land. Briefly, the facts are that vide notification dated 15.6.1989, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), Chandigarh Administration acquired 37.55 acres of land situated within the revenue estate of Village Manimajra for development of residential-cum- commercial complex. The same was followed by notification issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') determined the market value of land at Rs. 1,65,400/- per acre. Aggrieved against the same, the land owners filed objections which were referred to the learned Additional District Judge, Chandigarh, who keeping in view the material placed on record by the parties, awarded Rs. 2,65,932/- per acre for the acquired land. Learned counsel for the land owners submitted that the learned Court below has not properly assessed the value of the land as the sale deeds (Ex.A.2 and A.3) dated 15.7.1989 and 2.8.1989 respectively have not been considered which clearly show that the value of the land in the area was quite high on the date of acquisition. Reliance was also placed on award (Ex. PX) of the learned Court below for acquisition of the land in the vicinity vide notification dated 10.12.1986. The submission is that in fact relying upon the aforesaid award (Ex. PX) and granting annual increase of 10%, the amount of compensation was assessed at Rs. 2,65,932/- per acre. The amount of compensation determined by the Court below for acquisition of land vide notification dated 10.12.1986 (vide Ex. PX) was R.F.A. No. 2117 of 1997 [4] subject-matter of L.P.A. No. 241 of 2004 –Amarjit Singh and others v. Union Territory, Chandigarh, decided on 17.9.2008, where a Division Bench this Court determined the value of the acquired land @ Rs. 116/- per square yard. The prayer is for determination of compensation in the present case as well on the same basis. On the other hand, learned counsel for Union Territory, Chandigarh submitted that another acquisition was carried out in the vicinity vide notification dated 25.5.1989, where this Court in L.P.A. No. 500 of 2001 –Jasbir Kaur and another v. Union Territory of Chandigarh, decided on 23.12.2006, determined the value of the land @ Rs. 87/- per square yard. The location of the land, subject matter of Jassbir Kaur's case (supra), was quite close to the land in question. Accordingly, reliance on the judgment of Amarjit Singh's case (supra) is totally misplaced, when another award was available on account of acquisition of land quite close to the acquisition in the present case. Heard learned counsel for the parties and perused the record. A perusal of the impugned award shows that the learned Court below, after discussing the evidence led by the parties, relied upon its earlier award for the acquisition carried out vide notification dated 10.12.1986 for Village Mani Majra. On account of gap in the two acquisitions, increase @ 12% per annum thereon was granted and value of the land was assessed at Rs. 2,65,932/- per acre. The respondents were not aggrieved against the principle on the basis of which the value of the land was determined by the learned Court below by placing reliance upon its earlier award (Ex. PX) for acquisition vide notification dated 10.12.1986. The issue under consideration before a Division Bench of this Court in Amarjit Singh's case (supra) was for determination of the value of the land acquired vide notification dated 10.12.1986 where the same was determined at Rs. 116/- per square yard after duly taking note of the earlier judgment of this Court in Jasbir Kaur's case (supra). Once the principle and the location of the land on the basis of which the learned Court below had determined the value of the acquired land was not disputed by the respondents, I deem it appropriate to rely upon the same even in the proceedings before this Court for acquisition in the present case. Accordingly, the appellants are held to be entitled to compensation @ Rs. 116/- per square yard plus 12% per annum for a period of 2-1/2 years, i.e., 30%, which shall come out to Rs. 34.80, totalling Rs. 116+34.80 = 150.80, which is rounded off to Rs. 151/- per square yard. The appellants shall also be entitled to all the statutory benefits available under the Act. R.F.A. No. 2117 of 1997 [5] The appeals are allowed in the aforesaid terms with costs. (Rajesh Bindal) Judge October 15 ,2008 mk