R.F.A. No. 882 of 1990 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 882 of 1990 (O&M) Date of decision: 16.1.2009 Harijan Cooperative Society Limited, Village Lachhru Khurd. .. Appellants v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. S. K. Singla, Advocate for the appellant. Mr. B.B.S. Teji, Assistant Advocate General, Punjab for the respondent. Rajesh Bindal J. The land owner is in appeal against the award of the learned court below seeking further enhancement of compensation for the acquired land. Briefly, the facts are that vide notification dated 4.10.1986, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), State of Punjab acquired the land in Village Lachhru Khurd, Tehsil Rajpura for construction of Sutlaj Yamuna Link Canal. The Land Acquisition Collector vide his award dated 21.11.1986 determined the market value at Rs. 15,000/- per acre for Rausli land and Rs. 15,000/- per acre for gair mumkin kind of land. However, District Judge, Patiala, on reference under Section 18 of the Act, accepted the claim of the appellant and determined the market value @ Rs. 33,300/- per acre. A perusal of the impugned award shows that the learned court below, while assessing the fair value of the land, which was acquired vide notification dated 4.10.1986, relied upon a judgment of this Court, whereby value of the acquired land therein vide notification dated 13.12.1982 was assessed at Rs. 45,000/- per acre for chahi land and Rs. 22,500/- per acre for gair mumkin land. As there was time gap in the two acquisitions, increase @ 12% per annum was granted for the intervening period and fair value of the land was assessed accordingly. Learned counsel for the appellant relied upon an earlier judgment of this Court in R.F.A. No. 881 of 1990—Harijan Cooperative Society Limited v. R.F.A. No. 882 of 1990 [ 2] State of Punjab, decided on 27.4.2007, whereby this Court, while opining that the land of the appellant which was acquired, was not gair mumkin, directed the same to be valued at Rs. 35,000/- per acre as against Rs. 22,500/- per acre. He further submitted that in another appeal bearing R.F.A. No. 880 of 1990 –Harijan Cooperative Society Ltd. v. State of Punjab, decided on 21.10.2008, same value was relied upon for determination of compensation payable for the land which was acquired vide notification dated 27.9.1985. The notification in the present case under Section 4 of the Act was issued more than one year thereafter, i.e., 4.10.1986. The value of the land which was acquired vide notification dated 27.9.1985 was fixed at Rs. 45,600/- per acre in R.F.A. No. 880 of 1990, decided on 21.10.2008. The present acquisition, being in the vicinity and carried out for the same purpose, the appellant is granted 12% further increase thereon. Accordingly, the value of the acquired land is assessed at Rs. 53,300/- per acre. The appellant shall also be entitled to all statutory benefits available under the Act. The appeal is disposed of in the manner indicated above. (Rajesh Bindal) Judge 16.1.2009 mk