RFA No. 2870 of 1992 [1] In the High Court of Punjab & Haryana at Chandigarh RFA No. 2870 of 1992 (O&M) Date of decision : 25.5.2009 Harchand Singh and another ..... Appellants vs The State of Punjab and another ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Naresh Kaushal, Advocate for the appellants. Mr. K. S. Sidhu, Deputy Advocate General, Punjab. Mr. H. P. S. Ghuman, Advocate for Greater Mohali Area Development Authority. Rajesh Bindal J. The land owners have approached this court through the present appeal for enhancement of compensation awarded by the learned court below on account of acquisition of super structure existing on the acquired land. Briefly, the facts are that tubewell including the material and structure of the appellants was acquired along with the land situated in village Mataur Hadbast No. 7, Tehsil Kharar, District Ropar (now District Mohali). The Land Acquisition Collector (for short, `the Collector') awarded compensation of Rs. 2428.06 for tubewell. Dissatisfied with the award of the Collector, the land owners/claimants filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 11.5.1992, upheld the award of the Collector. Learned counsel for the appellants submitted that the court below has not granted appropriate compensation to the land owners on account of acquisition of tubewell and other super structure existing on the land in question. He submitted that as against the estimate of Rs. 25,000/- only a sum of Rs. 2428.06 paise has been granted, which is on the lower side. He further submitted that as against the evidence led by the land owners, no evidence was led by the State to controvert the same and accordingly, the same deserves to be relied upon. On the other hand, learned counsel for the respondents submitted that the land owners in the present case have been awarded compensation much more than what was claimed by them in the application originally filed. However, in the RFA No. 2870 of 1992 [2] evidence led, the value was determined much more as compared to the claim originally filed, which would be totally beyond the pleadings. It was on the basis of guess work that the amount of compensation has been determined by the Collector and further upheld by the learned court below which cannot be faulted with, as there is no material as such which could lead to the conclusion that the assessment so made deserves to be set aside and the land owners are entitled to more amount of compensation. Heard learned counsel for the parties and perused the record. The fact that tubewell was existing on the acquired land is not disputed. The Collector had assessed compensation of Rs. 2428.06 for tubewell which was upheld by the learned court below which in my opinion, is on lower side. It would be appropriate if the same is assessed at Rs. 10,000/- in lump-sum as in such cases some times thumb rule has to be applied. Ordered accordingly. The appellants shall also be entitled to all statutory benefits as are available under the Act. Accordingly, the present appeal is disposed of in the above terms. 25.5.2009 ( Rajesh Bindal) vs. Judge