R.F.A. No. 4087 of 2008 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CM No. 8150-CI of 2008 and R.F.A. No. 4087 of 2008 (O&M) Date of decision: 16.9.2010 Gurmukh Singh .. Appellant Vs. State of Punjab and others. .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Naresh Kaushal, Advocate for the appellant. Mr. Yatinder Sharma, Deputy Advocate General, Punjab. Mr. Munish Gupta, Advocate for respondent No. 2. Mr. Munish Jolly, Advocate for respondents No. 3 and 4. Rajesh Bindal J. CM No. 8150-CI of 2008 Prayer in the application is for permitting Gurmukh Singh son of Pal Singh son of Chanan Singh as legal representative of deceased-Angrej Singh @ Moti Singh son of Chanan Singh and permit him to file appeal against the award of the learned court below. It is not disputed by learned counsel for the appellant that a civil dispute questioning the Will, which is being projected by him in his favour, is pending in the Civil Court at Mohali. The same is not yet final. It is for the reason that deceased-Angrej Singh was unmarried. His estate is being claimed by his brothers as natural heirs, whereas the appellant is claiming a Will in his favour. Be that as it may, the application filed by Gurmukh Singh to represent deceased-Angrej Singh seeking permission to file appeal is accepted and he is permitted to file the present appeal against the impugned award. The application stands disposed of. RFA No. 4087 of 2008 Briefly, the facts of the case are that with a view to carve out Sectors 76 to 80 in the Urban Estate of SAS Nagar (Mohali), the State of Punjab acquired the land in question, situated in village Mauli Baidwan vide notification dated 22.2.2000, issued under Section 4 of the Land Acquisition Act, 1894. The R.F.A. No. 4087 of 2008 [2] Principal Secretary to the Government of Punjab, Housing and Urban Development, Chandigarh determined the market value of the acquired land @ ` 10,00,000/- per acre for the land touching the road of Sohana-Mauli Baidwan link road; ` 8,00,000/- per acre for Chahi land and ` 7,00,000/- per acre for Banjar kind of land. The learned Additional District Judge, on reference under Section 18 of the Act assessed the market value of the entire land at a flat rate of ` 17,00,000/- per acre. It is not disputed by learned counsel for the parties that the claim made in the appeal is squarely covered by the judgment of this court in R.F.A. No. 3004 of 2006- –Surjit Singh v. State of Punjab and another, decided on 2.3.2009, wherein compensation payable to the land owners for the acquired land was further enhanced by this court. Accordingly, the present appeal is disposed of in terms of the judgment of this Court in Surjit Singh's case (supra). As there is dispute regarding entitlement of compensation between two groups, it is made clear that enhanced compensation shall not be disbursed either to the appellant in the present case or to any of respondents No. 3 to 5. The same shall be deposited by the learned court below with some nationalised bank in a fixed deposit carrying maximum rate of interest. The same shall be paid to the person, who is ultimately held entitled to the property of deceased-Angrej Singh in the civil litigation pending separately before the court below. The appeal is disposed of accordingly. (Rajesh Bindal) Judge 16.9.2010 mk