1 R.F.A. No. 902 of 1990 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH --- Regular First Appeal No. 902 of 1990 Date of Decision: 16.11.2009 Gram Panchayat, Jharsa --- Appellant Versus State of Haryana and another --- Respondents CORAM: HON’BLE MR. JUSTICE AJAY KUMAR MITTAL *** PRESENT: Mr. R.S. Chahar, Advocate for the appellant. Mr. Ashish Sharma, Deputy Advocate General Haryana for the State of Haryana. --- AJAY KUMAR MITTAL, J. This order will dispose of a bunch of six appeals, Regular First Appeal Nos. 43, 238, 781, 902, 1809 and 2178 of 1990, as they arise out of the same acquisition. The facts have, however, been taken from RFA No. 902 of 1990. Pursuant to notification, dated 22.11.1984, issued under Section 4 of the Land Acquisition Act, 1894 (in short “the Act”), which was followed by notification under Section 6 of the Act, the State of Haryana acquired some land including the land belonging to the present appellant, i.e. the Gram Panchayat, Jharsa, for a public purpose, namely, development and utilization of land for establishing a Jail Complex. The Land Acquisition Collector, vide award dated 2 R.F.A. No. 902 of 1990 22.8.1985, awarded compensation in respect of the acquired land at the following rates: “Chahi Rs. 60,000/- per acre Aabi Rs. 50,000/- per acre Gair Mumkin Rs. 40,000/- per acre The appellant, being not satisfied with the quantum of compensation sought reference under Sections 18 and 30 of the Act praying for enhancement of the compensation. The Reference Court by the award under appeal here, i.e. the award passed on 25.1.1990, determined the market value of the acquired land at the rate of Rs. 36.20 per square yard. The Reference Court also granted additional compensation at the rate of 12% of the market value of the acquired land under the provisions of Section 23(1-A) of the Act besides other statutory benefit i.e. solatium at the rate of 30 per cent under the amended Act of 1984. It was further ordered that the appellant shall also be entitled to the payment of interest at the rate of 9% per annum for a period of one year from the date of taking over possession, and at the rate of 15% per annum from the date of expiry of the period of one year, till payment was made or deposited in the court. Still not satisfied, the appellant-landowner is in appeal before this Court, seeking further enhancement in the amount of compensation in respect of the acquired land. At the hearing, learned counsel appearing for the parties are ad idem that the present matter is covered by the decision of this Court in Regular First Appeal No. 751 of 1990 (Kabool Singh and 3 R.F.A. No. 902 of 1990 others Vs. Haryana State and another) decided on 31.3.2004, wherein this Court put its seal of affirmation on the finding of the Reference Court which had determined the market value of the land acquired by the same notifications at the rate of Rs. 36.20 per square yard, and consequently dismissed the appeals filed by the landowners seeking further enhancement of the compensation. This being the agreed position, the appeals in hand, also deserve to be dismissed. In view of the above, the aforesaid appeals are dismissed. There will, however, be no order as to costs. (AJAY KUMAR MITTAL) November 16, 2009 JUDGE *RKMALIK*