R. F. A No. 1414 of 1993 (1) In the High Court of Punjab & Haryana at Chandigarh Date of decision : 4.12.2008 1. R. F. A No. 1414 of 1993 (O&M) Achhra Singh and others ... Appellants vs The State of Punjab and another .... Respondents 2. R. F. A No. 1415 of 1993 (O&M) Smt. Sumitra and others ... Appellants vs The State of Punjab and another .... Respondents 3. R. F. A No. 1416 of 1993 (O&M) Bachan Singh ... Appellant vs The State of Punjab and another .... Respondents 4. R. F. A No. 1576 of 1993 (O&M) Mohinder Singh and others ... Appellants vs The State of Punjab and another .... Respondents 5. R. F. A No. 1591 of 1993 (O&M) Ajmer Kaur and others ... Appellants vs The State of Punjab and another .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. P. C. Dhiman, Advocate, for the appellants. Mr. Vivek Chauhan, Assistant Advocate General, Punjab. Rajesh Bindal J. This order shall dispose of Regular First Appeal nos. 1414 to 1416, 1576 and 1591 of 1993, as the same arise out of a common award, filed by the landowners for further enhancement of compensation awarded for acquisition of land. The facts have been extracted from R. F. A. No. 1414 of 1993. R. F. A No. 1414 of 1993 (2) Briefly, the facts are that vide notification dated 12.5.1988, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Punjab acquired land situated within the reveune estate of Village Tarf Kumbra, Tehsil Kharar, District Ropar, for extension of Sewerage Treatment Plant. The Land Acquisition Collector (for short, “the Collector”) vide his award dated 14.9.1989 assessed the value of the acquired land at Rs. 1 lac per acre. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 26.2.1993, determined the market value of the acquired land at Rs. 1,75,000/- per acre. Learned counsel for the appellants submitted that vide notification dated 12.8.1988, land in the vicinity was acquired for the purpose of Extension of the same Sewerage Treatment Plant. The issue regarding determination of fair value of the land for the acquisition carried out on 12.8.1988 was subject matter of R. F. A. No. 826 of 2000 Harchal Singh (deceased) through LRs. vs State of Punjab and others decided on 17.11.2008, wherein this court assessed the same at Rs. 5,80,000/- per acre. The acquisition in the present case was made three months prior thereto on 12.5.1988 for the same purpose of Extension of Sewerage Treatment Plant of the adjoining land. As there is a difference of three months in the acquisition and the value of the land acquired three months prior having already been determined, the same amount of compensation be paid to the present appellants as well. On the other hand, learned counsel for the respondents could not dispute that in Harchal Singh's case (supra) this court determined the fair value of the land acquired vide notification dated 12.8.1988 for the Extension of Sewerage Treatment Plant at Rs. 5,80,000/- per acre. However, he submitted that the same amount of compensation cannot be paid to the landowners as the acquisition was made therein three months prior and for that a reasonable cut should be applied. After hearing learned counsel for the parties, I am of the view that claim of the appellants for the increase in the fair value of the acquired land is concerned, is fully established. However, in my opinion, the contention raised by the learned counsel for the respondents to the effect that the amount paid to the landowners in Harchal Singh's case (supra) R. F. A No. 1414 of 1993 (3) cannot be paid to the appellants in the present set of appeals as present earlier acquisition was made three months prior to the acquisition under consideration in Harchal Singh's case (supra). Accordingly, deducting a sum of Rs. 30,000/- therefrom for the difference of period, the compensation payable for the acquired land in the present set of appeals is determined at Rs. 5,50,000/- per acre. The appellants shall also be entitled to all statutory benefits as are available under the Act. The appeals are allowed in the above terms. 4.12.2008 ( Rajesh Bindal) vs. Judge