R.F.A No.1336 of 2009(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A No.1336 of 2009(O&M) Date of Decision 09.11.2009 Gurdit Singh etc. ........ Appellants Versus State of Punjab ........ Respondent CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA Present: Mr.Naresh Kaushal, Advocate, for the appellants. Ms.Ambica Luthra, AAG Punjab, for respondent No.1. Mr.H.P.S.Ghuman, Advocate, for GMADA-newly added respondent. HEMANT GUPTA, J. This order shall also dispose of bunch of following 106 appeals filed by the State as well as the land owners for redetermination of the amount of market value assessed by the reference court as Rs.17 lacs per acre. Such appeals arise out of Award No.480 dated 7.5.2001; Award No.481 dated 17.5.2001 and Award No.482 dated 17.9.2001, of the Land Acquisition Collector. Sr. No. Case No. Parties name 1 RFA No.134 of 2009 Sant Singh Vs. State of Punjab and another 2 RFA No.274 of 2009 Hari Krishan and others Vs. State of Punjab and another 3 RFA No.358 of 2008 Surjit Singh Vs. State of Punjab 4 RFA No.685 of 2008 Gurdev Singh & others Vs. State of Punjab 5 RFA No.536 of 2008 Ram Ishwar Nath & others Vs. State of Punjab & others. R.F.A No.1336 of 2009(O&M) -2- Sr. No. Case No. Parties name 6 RFA No.540 of 2008 Achhar Singh and others Vs. State of Punjab and another 7 RFA No.542 of 2008 Bhag Singh & others Vs. State of Punjab 8 RFA No.678 of 2008 Khushal Singh & others Vs. State of Punjab 9 RFA No.679 of 2008 Karam Singh & others Vs. State of Punjab 10 RFA No.680 of 2008 Bachan Singh Vs. State of Punjab 11 RFA No.681 of 2008 Prem Kaur Vs. State of Punjab 12 RFA No.682 of 2008 Smt.Pavitar Kaur Vs. State of Punjab 13 RFA No.683 of 2008 Surjit Singh Vs. State of Punjab 14 RFA No.684 of 2008 Avtar Singh & another Vs. State of Punjab 15 RFA No.686 of 2008 Jarnail Kaur & others Vs. State of Punjab 16 RFA No.687 of 2008 Jagdish Singh & others Vs. State of Punjab 17 RFA No.688 of 2008 Pritpal Singh Vs. State of Punjab 18 RFA No.689 of 2008 Devinder Kaur Sekhon & others Vs. State of Punjab 19 RFA No.974 of 2007 Prem Kaur and another Vs. State of Punjab and another 20 RFA No.1098 of 2007 Karamjit Singh & others Vs. State of Punjab and another 21 RFA No.1418 of 2009 Joginder Singh and others Vs. State of Punjab 22 RFA No.1426 of 2008 Greater Mohali Area Development Authority Vs. Karnail Singh & others 23 RFA No.1438 of 2008 Ajmer Singh & others Vs. State of Punjab & another 24 RFA No.1440 of 2008 Tara Singh & others Vs. State of Punjab and another 25 RFA No.1460 of 2008 Mohan Singh Vs. State of Punjab 26 RFA No.1468 of 2008 Karnail Singh & others Vs. State of Punjab 27 RFA No.1701 of 2008 Greater Mohali Area Development Authority Vs. Harpreet Kaur Grewal 28 RFA No.1702 of 2008 Greater Mohali Area Development Authority Vs. Lakhvir Singh 29 RFA No.1703 of 2008 Greater Mohali Area Development Authority Vs. Surinder Kaur 30 RFA No.1704 of 2008 Greater Mohali Area Development Authority Vs. Amar Singh 31 RFA No.1705 of 2008 Greater Mohali Area Development Authority Vs. Santosh Kumari Verma 32 RFA No.1706 of 2008 Greater Mohali Area Development Authority Vs. Bhagwan Singh R.F.A No.1336 of 2009(O&M) -3- Sr. No. Case No. Parties name 33 RFA No.1707 of 2008 Greater Mohali Area Development Authority Vs. Sewa Singh 34 RFA No.1719 of 2008 Surinder Singh & others Vs. State of Punjab 35 RFA No.1886 of 2008 Rajinder Pal Singh Vs. State of Punjab 36 RFA No.1889 of 2008 Ram Ishwar Nath & others Vs. State of Punjab 37 RFA No.1891 of 2008 Sadhu Singh Vs. State of Punjab 38 RFA No.1920 of 2008 Mohan Lal Vs. State of Punjab 39 RFA No.2010 of 2009 Sher Singh & others Vs. State of Punjab. 40 RFA No.2078 of 2008 Greater Mohali Area Development Authority Vs. Ram Parshad & another 41 RFA No.2079 of 2008 Greater Mohali Area Development Authority Vs. Ranjit Singh 42 RFA No.2297 of 2009 Gurmail Singh & others Vs. State of Punjab 43 RFA No.2357 of 2007 State of Punjab & another Vs. Harjit Singh 44 RFA No.2522 of 2007 Land Acquisition Collector, Urban Estates Punjab Mohali Vs. Gurmit Singh 45 RFA No.2523 of 2007 Land Acquisition Collector, Urban Estates Punjab Mohali Vs. Kapoor Singh & others 46 RFA No.2525 of 2007 Land Acquisition Collector, Urban Estates Punjab Mohali Vs. Harpreetpal Singh 47 RFA No.2527 of 2007 Land Acquisition Collector, Urban Estates Punjab Mohali Vs. Gurpreet Singh 48 RFA No.2528 of 2007 Land Acquisition Collector, Urban Estates Punjab Mohali Vs. Mann Singh 49 RFA No.2530 of 2007 Land Acquisition Collector, Urban Estates Punjab Mohali Vs. Hazara Singh & another 50 RFA No.2695 of 2008 Gurdev Singh Vs. State of Punjab 51 RFA No.2822 of 2008 Deepak Vs. State of Punjab 52 RFA No.2852 of 2008 Avtar Singh & others Vs. State of Punjab & another 53 RFA No.2853 of 2008 Satpal Singh Vs. State of Punjab & another 54 RFA No.2880 of 2008 Amrik Kaur and others Vs. State of Punjab & another 55 RFA No.2898 of 2009 Gurdev Singh Vs. State of Punjab 56 RFA No.2899 of 2008 Maluk Singh Vs. State of Punjab. 57 RFA No.2986 of 2009 Ajaib Kaur & others Vs. State of Punjab 58 RFA No.3008 of 2007 Jagjit Kaur Vs. State of Punjab 59 RFA No.3009 of 2007 Balihar Singh another Vs. State of Punjab and others R.F.A No.1336 of 2009(O&M) -4- Sr. No. Case No. Parties name 60 RFA No.3010 of 2007 Paramjit Singh and another Vs. State of Punjab & others 61 RFA No.3035 of 2007 Bhupinder Kaur & others Vs. State of Punjab 62 RFA No.3036 of 2007 Devi Dayal & another Vs. State of Punjab 63 RFA No.3088 of 2007 Kapoor Singh & others Vs. State of Punjab 64 RFA No.3105 of 2008 Sikander Singh Grewal & another Vs. State of Punjab & others 65 RFA No.3120 of 2008 Mewa Singh & others Vs. State of Punjab & another 66 RFA No.3227 of 2008 Baldev Singh & others Vs. State of Punjab 67 RFA No.3228 of 2008 Kirpal Singh Vs. State of Punjab 68 RFA No.3237 of 2008 Deepak Verma & others Vs. State of Punjab & others 69 RFA No.3388 of 2008 Ujjager Singh & others Vs. State of Punjab & another 70 RFA No.3389 of 2008 Krishan Dutt & others Vs. State of Punjab & another 71 RFA No.3395 of 2007 Harpreet Pal Singh Vs. State of Punjab 72 RFA No.3396 of 2007 Baram Dev & another Vs. State of Punjab & another 73 RFA No.3420 of 2007 Harchand Singh Vs. State of Punjab 74 RFA No.3421 of 2007 Bhag Singh & another Vs. State of Punjab. 75 RFA No.3423 of 2007 Bahadur Singh & another Vs. State of Punjab 76 RFA No.3454 of 2007 Sher Singh & others Vs. State of Punjab 77 RFA No.3455 of 2007 Gulzar Singh Vs. State of Punjab 78 RFA No.3563 of 2008 Baljit Singh Vs. The Punjab State and another 79 RFA No.3565 of 2007 Harbans Singh & other Vs. State of Punjab 80 RFA No.3566 of 2007 Baldev Singh & others Vs. State of Punjab 81 RFA No.3647 of 2008 Ramesh Kumar & others Vs. State of Punjab 82 RFA No.3651 of 2008 Nachhattar Kaur & another Vs. State of Punjab 83 RFA No.3652 of 2008 Balwant Singh & another Vs. State of Punjab 84 RFA No.3659 of 2007 Land Acquisition Collector, Urban Estates Mohali Vs. Gurdev Singh & others R.F.A No.1336 of 2009(O&M) -5- Sr. No. Case No. Parties name 85 RFA No.3680 of 2007 Gurdev Singh & others Vs. State of Punjab 86 RFA No.3879 of 2007 Gurdev Singh & others Vs. State of Punjab 87 RFA No.4096 of 2007 Tarlochan Singh & others Vs. State of Punjab 88 RFA No.4150 of 2007 Darshan Kaur & others Vs. State of Punjab 89 RFA No.4158 of 2007 Mam Raj vs. State of Punjab and another 90 RFA No.4300 of 2006 Hardial Singh Vs. State of Punjab 91 RFA No.4359 of 2006 Harbir Singh Vs. State of Punjab 92 RFA No.4360 of 2006 Balbir Singh etc. Vs. State of Punjab 93 RFA No.4361 of 2006 Prabha Sharan Kaur Vs. State of Punjab 94 RFA No.4362 of 2006 Sukhdev Singh Vs. State of Punjab 95 RFA No.4364 of 2006 Jasmer Singh etc. Vs. State of Punjab 96 RFA No.4366 of 2006 Baljit Singh & another Vs. State of Punjab 97 RFA No.4526 of 2007 Gurdev Singh & others Vs. State of Punjab 98 RFA No.5204 of 2008 Piara Singh and another Vs. State of Punjab 99 RFA No.5393 of 2008 Rajinder Singh & others Vs. State of Punjab & another 100 RFA No.5486 of 2008 Balwinder Kaur & another Vs. State of Punjab 101 RFA No.5574 of 2008 Harjinder Singh Vs. State of Punjab 102 RFA No.5622 of 2008 Biru Ram & others Vs. State of Punjab 103 RFA No.5624 of 2008 Narinder Kumar & others Vs. State of Punjab & another 104 RFA No.5673 of 2008 Surjit Singh & another Vs. State of Punjab 105 RFA No.5694 of 2008 Rabinder Singh & another Vs. State of Punjab The Land Acquisition Collector awarded compensation vide Award No.480 dated 7.5.2001, as under: 1 Land touching Sector 66 to 69 and running up to Sohana-Mouli-Baidwan link road. Rs.10,00,000/-per acre 2 Chahi Land Rs.8,00,000/- per acre 3 Banjar Land Rs.7.00,000/-lacs per acre R.F.A No.1336 of 2009(O&M) -6- The Land Acquisition Collector awarded compensation vide Award No.481 dated 17.5.2001, as under: 1 For the area falling on the North side of Chandigarh-Landran road (upto the depth of one acre) and the land touching existing sectors 66-69 falling on Sohana-Mauli- Baidwan link Road Rs.10,00,000/- per acre 2 Chahi Land Rs.9,00,000/-per acre 3 Barani Land Rs.7,50,000/- per acre The Land Acquisition Collector awarded compensation vide Award No.482 dated 17.9.2001, as under: 1 For the land touching road of Sohana- Landran (upto the depth of one acre) Rs.10,00,000/- per acre 2 Chahi Land Rs.8,00,000/-per acre 3 Banjar Land Rs.7,00,000/- per acre The land measuring 934.81 acres situated in village Sohana, 382.54 acres situated in village Mauli Baidwan and 31.72 acres of land situated in village Lakhnaur was intended to be acquired vide separate notifications dated 21.2.2000, under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), for a public purpose that is for planned development and for setting up of Residential Urban Estate, in the revenue estate of SAS Nagar, Mohali. Notifications under Section 6 of the Act were issued on 2.2.2001. The land owners have sought reference to the learned District Judge, Rupnagar, for redetermination of the market value of the acquired land dissatisfied with the market value determined by the Land Acquisition Collector. The learned reference Court vide different Awards awarded compensation at the rate of Rs.17 lacs per acre in respect of the land situated in village Sohana, Mauli Baidwan and Lakhnaur. Some of the appeals arising out of the Awards rendered by the reference court came for hearing before this Court. This Court in judgment dated 2.3.2009, in RFA No.3004 of 2006, titled 'Surjit Singh Vs. State of Punjab', has determined R.F.A No.1336 of 2009(O&M) -7- the market value as Rs.19,85,700/- lacs per acre in respect of the acquired land. This Court in the aforesaid order, has also increased the amount of compensation of the super structures by 25% on the value assessed by the Collector. Similarly, in respect of fruit bearing trees, this Court in the aforesaid order granted increase for the intervening period from 1985 till 2000 as per Dr.Nijjar's formula to determine the price of fruit bearing trees in the year 1985, in view increase in price index. In view of the aforesaid judgment in Surjit Singh's case (supra) the present appeals of the land owners are allowed in respect of the determination of market value of the acquired land, super structures and fruit trees in the manner mentioned therein. Whereas, the appeals filed by the State seeking reduction of the market value determined by the reference court are dismissed. November 9, 2009 (HEMANT GUPTA) rishu JUDGE