RFA NO.360 OF 1994 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A No.360 of 1994 Date of Decision 05.11.2009 Smt.Safedi ........ Appellant Versus State of Haryana through Land Acquisition Collector, Faridabad. ........ Respondent CORAM: HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr.C.L.Sharma, Advocate, for the appellant. Mr.Ashish Sharma, Deputy Advocate General, Haryana, for the respondent. AJAY KUMAR MITTAL, J. The land owner, Smt.Safedi, has approached this Court by way of instant regular first appeal for enhancement of the amount of compensation awarded by the reference Court for her acquired land. The respondent-State of Haryana vide notification dated 30.4.1986, issued under Section 4 of the Land Acquisition Act, 1894 (for short “Act”) had acquired some land including the land of the appellant situated within the revenue estate of village Mewla Maharajpur, District Faridabad, for public purpose, namely, the development and utilization of land as residential area for Sector 46 of Faridabad-Ballabgarh Controlled Area under the Haryana Urban Development Authority Act, 1977. The Land Acquisition Collector, Faridabad, vide award dated 28.12.1988, assessed the market value of the acquired land at Rs.20/- per square yard. Feeling aggrieved, the RFA NO.360 OF 1994 -2- claimant sought reference under Section 18 of the Act and the reference Court vide award dated 26.8.1992, assessed the market value of the acquired land at the rate of Rs.25/- per square yard. Besides this, the claimant was also held entitled to costs and other statutory benefits including solatium, additional compensation and interest in accordance with the amended provisions of the Act. The learned counsel for the parties submitted that against the same notification dated 30.4.1986 issued under Section 4 of the Act, regarding acquisition of land for development of Sector 46, Faridabad, the Division Bench of this Court in LPA No.227 of 1996, titled 'Smt.Brahma Devi and another Vs. State of Haryana', decided on 27.7.2005, had determined the market value of the acquired land at the rate of Rs.175/- per square yard. The Letters Patent Bench had also held the claimants entitled to the statutory benefits of the amended provisions of the Act. Learned counsel for the appellant states that the present appeal is covered by the aforesaid decision of this Court. Learned State counsel has also confirmed that the present appeal is squarely covered by the decision dated 27.7.2005 rendered in LPA No.227 of 1996. In view of the above, the present appeal is partly allowed in terms of the decision dated 27.7.2005, rendered by this Court in LPA No.227 of 1996 (Smt.Brahma Devi and another Vs. State of Haryana). November 5, 2009 (AJAY KUMR MITTAL) rishu JUDGE