RFA No.3924 of 2008 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.3924 of 2008 (O & M) Date of decision:01.12.2009 Rattan Lal …Appellant Versus State of Punjab …Respondent Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Arun Bansal, Advocate for the appellant. Mr. H. S. Gill, DAG, Punjab for respondent-State of Punjab. Mr. H. P. S. Ghuman, Advocate for applicant-(GMADA). L. N. MITTAL, J (ORAL) C.M. No.10666-CI of 2009 This is application by Greater Mohali Area Development Authority (GMADA) for being impleaded as respondent No.2 to the appeal which has been filed by the land-owner for enhancement of compensation. It is alleged that the land in question was acquired for Punjab Urban Development Authority (PUDA) of which applicant-GMADA is the successor-in-interest. The application is not opposed and is accordingly allowed. Applicant-GMADA is ordered to be added as respondent No.2 to the appeal. Necessary correction in the memo of parties be made by the office. RFA No.3924 of 2008 and C.M. No.12230-CI of 2009 Rattan Lal has filed this appeal assailing award dated 23.08.2007 passed by learned Additional District Judge, Ropar thereby RFA No.3924 of 2008 (O & M) -2- disposing of 25 reference petitions filed under Section 18 of the Land Acquisition Act, 1894 (in short, the Act) including the petition filed by the appellant under Section 18 of the Act. Learned Additional District Judge vide impugned award has awarded compensation at the enhanced rate of Rs.17,00,000/- per acre for the acquired land. In addition thereto, appellant herein was also awarded Rs.15000/- on account of change of place of business. Learned counsel for the parties are agreed that insofar as market value of the land is concerned, the instant case is covered by order dated 02.03.2009 of this Court passed in RFA No.3004 of 2006 titled Surjit Singh versus State of Punjab and another whereby large number of appeals arising out of the same acquisition were disposed of and market value of the land was determined to be Rs.19,85,700/- per acre. Accordingly, in view of the aforesaid, the instant appeal insofar as market value of the acquired land of the appellant is concerned is disposed of in terms of said order holding that the appellant shall be entitled to compensation at the rate of Rs.19,85,700/- per acre for his acquired land along with all statutory benefits. Admittedly, the appellant was running a fish farm in the acquired land. Compensation of Rs.15000/- has been awarded for change of place of said business. Learned counsel for the appellant, however, contended that no compensation has been awarded for the loss of earnings and for the super-structure i.e for the fish farm established in the acquired land. The appellant has accordingly moved application bearing CM No.12230-CI of 2009 for additional evidence to prove the loss of earnings and market value of the super-structure existing in the acquired land. Having heard learned counsel for the parties on this aspect, I am of the considered opinion that the market value of the super-structure and loss of earnings are required to be determined by the Reference Court after RFA No.3924 of 2008 (O & M) -3- affording opportunity to both the parties in accordance with law. No compensation has been awarded by the Reference Court for loss of earnings and the super-structure of the fish farm in the acquired land of the appellant. Accordingly, CM No.12230-CI of 2009 is disposed of by remanding the matter to the Reference Court to the limited extent that the Reference Court shall determine the loss of earnings and market value of the super-structure of the appellant existing in his acquired land in accordance with law and shall award the said amount as compensation as per provisions of the Act to the appellant. The parties are directed to appear on 12.01.2010 before learned District Judge, Ropar, who shall assign the matter to the concerned Court at Mohali. ( L. N. MITTAL ) JUDGE 01.12.2009 A.Kaundal