RFA No. 3704 of 1998 -1- In the High Court of Punjab & Haryana at Chandigarh RFA No. 3704 of 1998 (O&M) Date of decision : 6.9.2010 Bhag Singh and others ..... Appellants vs State of Haryana .... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Rakesh Nagpal, Advocate, for the appellants. Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J. The landowners are in appeal against the award of the learned court below seeking further enhancement of compensation for the acquired land. Briefly, the facts are that the land measuring 0.90 acres situated within the revenue estate of village Dusherpur, Tehsil Guhla, District Kaithal, was acquired by the State Government vide notification dated 4.7.1995 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for construction of Guhla Kharkan Road. The Land Acquisition Collector (for short, `the Collector') assessed the market value of the acquired land at ` 1,40,000/- per acre. Aggrieved against the award of the Collector, the land owners filed objections. On reference, the learned court below upheld the award of the Collector. It is this award of the learned Reference Court which is impugned in the present appeal. The only argument of the learned counsel for the appellants is that no compensation on account of severance was awarded by the court below. It was submitted that due to construction of road, the land of the landowners was divided into two parts and it has become difficult for them to cultivate the same. On the other hand, learned counsel for the State submitted that no case for any compensation on account of severance is made out due to construction of road. No difficulty is being faced by the landowners for cultivation rather it has become easier for them to go to their fields due to construction of road. Heard learned counsel for the parties and perused the record. No doubt, due to construction of road it has become easier for the landowners to go to their field and cultivate. But on the other hand, due to bifurcation of land it is difficult for them to irrigate on the other portion of land. In my opinion, considering the difficulties which are being faced by the landowners RFA No. 3704 of 1998 -2- for the acquisition of this type, damages to the tune of 20% on the value of the acquired land would be just and reasonable. Accordingly, the landowners are held entitled to damages on account of severance @ 20% on the value of the acquired land. They shall also be entitled to all statutory benefits available under the Act. The impugned award of the learned court below is modified to the extent mentioned above. The appeal stands disposed of accordingly. 6.9.2010 (Rajesh Bindal) vs. Judge