1 R.F.A. No. 3214 of 1993 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH --- Regular First Appeal No. 3214 of 1993 Date of Decision: 3.8.2009 (1) Rajinder Parsad @ Rajinder Bansal --- Appellant Versus State of Haryana through Land Acquisition Collector, Panchkula --- Respondent (2) Satish Sehgal --- Appellant Versus State of Haryana through Land Acquisition Collector, Panchkula --- Respondent --- CORAM: HON’BLE MR. JUSTICE AJAY KUMAR MITTAL --- PRESENT: Mr. M.K. Chauhan, Advocate for the appellant, Mr. Ashish Sharma, Deputy Advocate General Haryana for the respondent. --- AJAY KUMAR MITTAL, J. This order will govern the disposal of two appeals, Regular First Appeal Nos. 3214 and 3215 of 1993 as the same arise 2 R.F.A. No. 3214 of 1993 out of the same acquisition proceedings and also pertain to the same village. As per the facts emerging from the record of Regular First Appeal No. 3214 of 1993, the factory of the appellant constructed on the land measuring 337 square yards and a pucca house, situated in the area of village Ferozepur Kalan was acquired by the State Government by invoking the provisions of the Land Acquisition Act, 1894 (for short “the Act”). The grouse of the appellant has throughout been that the compensation assessed by the Land Acquisition Collector was grossly inadequate. The appellant made reference under Section 18 of the Act for determination of the market value of the acquired land and the house and it was on the basis of appellant’s counsel’s own stand that the compensation in respect of the acquired land was assessed at the rate of Rs. 70/- per square yard, by the Reference Court, Ambala vide award dated 16.12.1992, whereas compensation qua the super-structure, as awarded by the Collector was maintained. Dissatisfied with the quantum of compensation, awarded by the Reference Court, appellant, Rajinder Parshad alias Rajinder Bansal, has preferred Regular First Appeal No. 3214 of 1993 In the similar set of facts and circumstances is the appeal of appellant, Satish Sehgal, i.e. Regular First Appeal No. 3215 of 1992, whose factory also, constructed on an area of land measuring 3 R.F.A. No. 3214 of 1993 75 square yards had been acquired by virtue of the same acquisition proceedings. It is the common case of the parties in both the appeals that in so far as the amount of compensation to be awarded finally to the appellants is concerned, the said question was considered by this Court way back in the year 1996 in Regular First Appeal No. 2859 of 1992 (Faquiria Versus The State of Haryana) decided by this Court, on 19.1.1996. In the said appeal, the compensation awarded at the rate of Rs. 70/- per square yard in respect of the similar land situated in the same village i.e. Ferozepur Kalan, by the Reference Court on 7.5.1992, was upheld and the claimant-land owner’s appeal for enhancement of compensation dismissed. It is further agreed between the parties that it was here that matter attained finality. At a later point of time, i.e. on 17.3.2009, a bunch of appeals of some other land-owners whose land had also been acquired pursuant to the same acquisition proceedings, came up for disposal, and once again this Court put its seal of affirmation on the market value of the acquired land that had been determined by the Reference Court and was affirmed by this Court earlier, in Faquiria’s case (supra). The appeals were accordingly disposed of by Rakesh Kumar Jain, J., the order being passed in the main case i.e. Regular First Appeal No. 1501 of 1992 (Sita Ram V. State of Haryana) on 17.3.2009. In those appeals, the learned counsel appearing on both sides had fairly submitted that the matter involved in the said bunch 4 R.F.A. No. 3214 of 1993 of appeals was squarely covered by the decision of this Court rendered earlier, in Faquiria’s case (supra), whereby the amount of compensation in respect of the acquired land had been finally approved at the rate of Rs. 70/- per square yard. Today, at the commencement of hearing before me also, learned counsel appearing for the appellant has fairly conceded that this Court had already upheld the award of the Reference Court determining the market value of the acquired land at the rate of Rs.70/- per square yard in Faquiria’s case (supra), which has been again approved by this Court in Regular First Appeal No. 1501 of 1992 (Sita Ram V. State of Haryana) on 17.3.2009. The counsel further submitted that in these appeals as well, the appellants are entitled to the same amount of compensation, i.e. at the rate of Rs. 70/- per square yard, in respect of their acquired land. The learned counsel for the appellant, however, did not raise any argument for enhancement of compensation in respect of construction on the acquired land or regarding compensation for the loss of business. Learned counsel appearing for the respondent-State of Haryana expressed full agreement with the learned counsel appearing for the appellant. In view of the above, these appeals are dismissed. There will, however, be no order as to costs. (AJAY KUMAR MITTAL) August 3, 2009 JUDGE *RKMALIK* 5 R.F.A. No. 3214 of 1993