RFA No.392 of 1997 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH RFA No.392 of 1997 (O&M) Date of Decision: 9.12.2010 State of Haryana and another ...Appellants Versus Zaheed Hussain and another .....Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana. Mr. S.S. Dinarpur, Advocate for the respondents. ..... RAJESH BINDAL, J. This order will dispose of the RFA Nos. 392 to 396 of 1997 as common questions of law and facts are involved therein. The facts have been extracted from RFA No. 392 of 1997. The state is in appeal seeking reduction in the amount of compensation awarded by the learned court below to the land owners. Brief facts of the case are that vide notification dated 18.09.1984, issued under Section 4 of the Land Acquisition Act 1894 (for short “the Act”), land situated in the revenue estate of village Kansepur, Tehsil Jagadhari, District Yamunanagar was acquired by the State of Haryana for construction of link road from Kansepur to village Ratoli at public expenses. The Land Acquisition Collector (for short “the Collector”) vide award dated 3.3.1987 assessed the market value of the acquired land @ ` 25,120/- per acre for Chahi land; Gair Mumkin plot/abadi/bara and chah land, ` 12,000/- per acre for Barani land and Gair Mumkin land, school land. The landowners feeling dissatisfied with the award of the Collector, filed reference under Section 18 of the Act. The learned court below determined the market value of the acquired land @ ` 80,000/- per acre. A perusal of the impugned award of the court below shows that reliance has been placed on Ex.P1 pertaining to a small piece of land RFA No.392 of 1997 2 measuring 16 feet x 15 feet, which was sold for a consideration of ` 5,000/- vide sale deed registered on August 21, 1984. Notification under Section 4 of the Act in the present case was issued on September 18, 1984. The learned court below by taking average per acre value of the aforesaid sale deed at ` 2,42,000/- per acre, applied a cut of 2/3rd and awarded compensation @ ` 80,000/- per acre. There is apparent error in the impugned award regarding calculation of the area of shop, which was 16 feet X 15 feet. It was taken as 100 square yards and the per acre value was determined on the basis thereof. However, the area of the aforesaid plot in fact comes out to 26.66 square yards. If calculated on the basis thereof the value would come out @ ` 187/- per square yard i.e. ` 9,05,080/- per acre. The learned court below though has committed the aforesaid apparent error while calculating the amount of compensation but in my opinion the impugned order passed by the learned court below does not call for any interference as the amount of compensation awarded to the landowners, in the present case is merely ` 80,000/- per acre. It is not in dispute that the aforesaid plot pertains to village Kansepur and the acquired land was also pertaining to the same village. Even, if the aforesaid plot of land was located at a place which commanded premium still the amount of compensation having been awarded which is even less than 10% of the aforesaid amount, I do not find any ground to interfere in the appeal. The appeals are dismissed. (RAJESH BINDAL) JUDGE 09.12.2010 sharmila