R.F.A. No. 134 of 1998 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.F.A. No. 134 of 1998 (O&M) Date of Decision: July 30, 2009 Ram Dia …..Appellant Vs. State of Haryana and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Rakesh Nagpal, Advocate for the appellant. Mr.Lokesh Sinhal, Addl. A.G., Haryana. -.- M.M.S. BEDI, J. (ORAL) Application is allowed as prayed for. This appeal has been preferred under Section 54 of the Land Acquisition Act for enhancement of the compensation awarded by the Reference Court vide award dated October 28, 1997. The land owned by the appellant is part of 57.26 acres of land falling in the revenue estate of Village Patti Kaisth Seth Kaithal, Hadbast No.24 which was acquired under R.F.A. No. 134 of 1998 (O&M) [2] Section 4 of the Land Acquisition Act, 1894, (hereinafter referred to as ‘the Act’), by the Government of Haryana for public purpose i.e. development and utilization of the land as residential, commercial and institutional area Sector 19-II, Kaithal under Haryana Urban Development Authority Act, 1977. The Land Acquisition Collector had assessed the market value of the acquired land at the rate of Rs.1 lac per acre for Nehri, Chahi and Barani, after the notification under Section 6 of the Act on September 24, 1990. It is pertinent to mention that a number of references arising out of the same notification pertaining to the same land were decided on March 10, 1997 assessing the market value of the acquired land as Rs.2.16 lacs per acre. RFA No.1206 of 1996 alongwith connected appeals were decided by this Court on July 6, 2000 modifying the award of the Reference Court and enhancing the compensation from Rs.1,18,800/- per acre to Rs.203478/- per acre for Group A being within 100 meters from the road and Rs.183478/- for Group B for rest of the acquired land. In LPA No. 350 of 2001 preferred by the claimants in said RFA, the Division Bench of this Court awarded a compensation of Rs.2,89,701/- per acre to the land owners of Village Patti Kaisth Seth Kaithal. Copy of the judgment in LPA NO.350 of 2001 has been placed on record indicating that regarding the same land falling under the same notification, the land owners have been awarded compensation of Rs.2,89,701/- per acre. Relying upon the judicial precedent regarding the land falling under the same notification, counsel for the appellant submits that the appellant is entitled to the similar compensation on the principle of parity. R.F.A. No. 134 of 1998 (O&M) [3] State counsel has not been able to distinguish the land of the appellant from the land which form the subject matter of RFA No.1206 of 1996 and LPA No.350 of 2001. In view of the above circumstances, this appeal deserves to be allowed in terms of the Division bench judgment of this Court in LPA No.350 of 2001- Manohar Lal Vs. State of Haryana, decided on September 9, 2008. Appeal is allowed and it is ordered that the appellant will be entitled to a compensation of Rs.2,89,701 per acre instead of Rs.2.16 lacs per acre awarded by the Reference Court. The appellant will be entitled to all the statutory benefits. July 30, 2009 (M.M.S.BEDI) sanjay JUDGE