R.F.A. No. 623 of 2002 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.M. Nos. 10211-12-CI of 2009 R.F.A. No. 623 of 2002 (O&M) Date of Decision : 15.10.2009 Raj Kumar .......... Appellant Versus State of Haryana & another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Sanjay Vij, Advocate for the appellant. Mr. Rajiv Kawatra, Sr. DAG, Haryana **** VINOD K. SHARMA, J. C.M. No. 10211-CI of 2009 This is an application for exemption from filing of certified copy of Annexure A-1 and permission to place on record the photo copies thereof. For the reasons stated in the application, C.M. is allowed, the filing of copy of Annexure A-1, is ordered to be dispensed with and permitted to place on record the photo copies thereof , C.M. No. 10212-CI of 2009 This application under Section 151 of the Code of Civil Procedure has been moved for disposing of the RFA No. 623 of 2002 being covered by the decision rendered by this Court in RFA No. 2881 of 2001 R.F.A. No. 623 of 2002 2 decided on 31.10.2008. Notice of the application was given. Mr. Rajiv Kawatra, Sr. DAG, Haryana concedes that the appeal is covered by the decision of this Court in RFA No. 2881 of 2001 decided on 31.10.2008. Accordingly this application is allowed and the appeal is taken up for final disposal. R.F.A. No. 623 of 2002 This appeal is directed against the award passed by the learned Addl. District Judge, Panipat on a petition moved under Section 18 of the Land Acquisition Act ( hereinafter referred to as ' the Act'). The State of Haryana issued a notification under Section 4 of the Act on 2.3.1993 for acquiring 386.44 acres of land including that of the appellant for public purpose namely “development and utilization of the land as residential and commercial area in Sector 18, Panipat”. The learned reference Court, on an application moved under Section 18 of the Act awarded compensation of the land @ Rs. 185.60 paise per sq. yard along with other statutory benefits. This Court in connected cases had initially fixed the market value at Rs. 125 per sq. yard, however, on review filed the Division Bench of this Court in RA Nos. 84 to 118, 120 and 121 CI of 2007 and RA 3 CI of 2008 decided on 5.8.2008 enhanced the compensation to Rs. 206/- per sq. yard. Once it is not in dispute that the case of the appellant is covered by the decision of the Division Bench of this Court in review petitions, referred to above, the appellant is also entitled to the similar benefits. R.F.A. No. 623 of 2002 3 Accordingly, this appeal is allowed, the compensation awarded to the appellant is enhanced to Rs. 206/- per sq. yard. The appellant shall also be entitled to the statutory benefits i.e. solatium and interest on this enhanced compensation. No costs. 15.10.2009 ( VINOD K. SHARMA ) 'sp' JUDGE