RFA No. 4302 of 2006 1 In the High Court of Punjab & Haryana at Chandigarh Date of decision : 12.7.2010 1. RFA No. 4302 of 2006 (O&M) Khushal Singh Thakur ... Appellant Versus Union Territory, Chandigarh ..... Respondent 2. RFA No. 4313 of 2006 Kaka Singh .....Appellant Versus Union Territory, Chandigarh .....Respondent 3. RFA No. 360 of 2007 Ravi Nandan and others .....Appellants Versus Union Territory, Chandigarh .....Respondent 4. RFA No. 2107 of 2007 Om Parkash .....Appellant Versus Union Territory, Chandigarh .....Respondent 5. RFA No.2108 of 2007 Labh Singh .....Appellant Versus Union Territory, Chandigarh .....Respondent 6. RFA No. 2109 of 2007 Smt. Surinder Kaur and another .....Appellants Versus Union Territory, Chandigarh .....Respondent 7. RFA No. 2375 of 2007 Hari Kishan .....Appellant Versus Union Territory, Chandigarh .....Respondent 8. RFA No. 2840 of 2007 Union Territory, Chandigarh .....Appellant Versus Kaka Singh .....Respondent RFA No. 4302 of 2006 2 9. RFA No. 3039 of 2007 Kamal Jatinder Singh .....Appellant Versus Union Territory, Chandigarh .....Respondent 10. RFA No. 3040 of 2007 Surjit Kaur and another .....Appellants Versus Union Territory, Chandigarh .....Respondent 11. RFA No. 3041 of 2007 Ram Lubhaya .....Appellant Versus Union Territory, Chandigarh .....Respondents 12. RFA No. 3066 of 2007 Union Territory, Chandigarh .....Appellant Versus Smt. Kaushalya Devi .....Respondent 13. RFA No. 3696 of 2007 Jumla Mushtarka Malkan through shareholders Labh Singh and others .....Appellants Versus Union Territory, Chandigarh and others .....Respondents 14. RFA No. 1884 of 2008 Harvinder Singh and others .....Appellants Versus Union Territory, Chandigarh .....Respondent 15. RFA No. 3987 of 2008 Harbans Kaur @ Banto .....Appellant Versus Union Territory, Chandigarh .....Respondent 16. RFA No. 5116 of 2008 Union Territory, Chandigarh .....Appellant Versus Jagdeep Kaur and another .....Respondents RFA No. 4302 of 2006 3 17. RFA No. 1412 of 2009 Union Territory, Chandigarh .....Appellant Versus Right Holders/Khewatdars and others .....Respondents 18. RFA No. 2013 of 2009 Basant Kaur (for self) and LR of Bhag Singh .....Appellants Versus Union Territory, Chandigarh .....Respondent 19. RFA No. 2831 of 2009 Union Territory, Chandigarh .....Appellant Versus Deep Singh and others .....Respondents 20. RFA No. 2890 of 2009 Nasib Singh and others .....Appellants Versus Gram Panchayat and another .....Respondents 21. RFA No. 5569 of 2009 Union Territory, Chandigarh .....Appellant Versus Gurdev Singh and others .....Respondents 22. RFA No. 5570 of 2009 Union Territory, Chandigarh .....Appellant Versus Nasib Singh and others .....Respondents 23. RFA No. 5932 of 2009 Gurmeet Kaur and others .....Appellants Versus Union Territory, Chandigarh .....Respondent 24. RFA No. 257 of 2010 Union Territory, Chandigarh .....Appellant Versus Gurbrinder Singh and others .....Respondents RFA No. 4302 of 2006 4 25. RFA No. 536 of 2010 Union Territory, Chandigarh .....Appellant Versus Right Holders/Khewatdas and others .....Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Hardip Singh, Mr. R. K. Dhiman, Advocates, Mr. Rajiv Dhiman, Advocate for Mr. P. C. Dhiman, Advocate, for the landowners. Mr. Deepak Sharma, Mrs. Lisa Gill, Ms. Alka Chatrath and Ms. Jai Shree Thakur, Advocates, for UT Chandigarh. Rajesh Bindal J. This order shall dispose of the aforesaid appeals, as the same arise out of common acquisition. The landowners have filed the appeals seeking enhancement of compensation for the acquired land whereas by filing the appeals, the Union Territory, Chandigarh is seeking reduction in the compensation. Briefly, the facts are that land situated in village Lahora, U.T., Chandigarh was acquired vide notification dated 23.12.1999 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for setting up Chandigarh Botanical Garden. The same was followed by notification dated 14.3.2000, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') gave award of Rs. 5,43,636/- per acre. Aggrieved against the same, the land owners filed objections which were referred to the learned Additional District Judge, Chandigarh, who keeping in view the material placed on record by the parties, assessed the market value of the acquired land @ Rs. 15,50,000/- per acre. Vide notifications dated 23.12.1999 and 1.1.2001, issued under Section 4 of the Act, land situated in villages Dhanas and Sarangpur, U.T., Chandigarh was acquired for development of complex for important projects in village Sarangpur, U.T., Chandigarh. The Collector gave award of Rs. 9,70,890/- per acre for all kinds of land except Gair Mumkin Nadi, Nala, River Bed, Choe and Khadaan etc. Aggrieved against the same, the land owners filed objections which were referred to the learned Additional RFA No. 4302 of 2006 5 District Judge, Chandigarh, who keeping in view the material placed on record by the parties, assessed the market value of the acquired land @ Rs.17,20,500/- per acre. Learned counsel for the parties submitted that the issues involved in the present appeals are squarely covered by the judgment of this court in RFA No. 2632 of 2005 Union Territory, Chandigarh vs Prabhjot Singh, decided on 26.3.2009, whereby the appeals arise out of the same acquisition were disposed of and the matters have been remitted back to the reference court for fresh consideration. For the reasons recorded in Prabhjot Singh's case, the present appeals are disposed of in the same terms. Parties are directed to appear before the learned District Judge, Chandigarh on 21.8.2010 for further proceedings. The learned District Judge will entrust the cases to the court which is dealing with the cases remanded earlier. 12.7.2010 ( Rajesh Bindal) vs. Judge