R.F.A. No.3279 of 2006 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No.3279 of 2006 (O&M) Date of decision: 18-12-2009 Kishan Chand and Others .........Appellants Vs Nirmal Singh and Others .........Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present: Shri R.P.S.Ahluwalia, Advocate, for the appellants Shri Tarunveer Vashist, Addl. Advocate General, Haryana HARBANS LAL, J. This order shall dispose of this appeal filed by Kishan Chand, Baldev Singh, Jagga Ram, Santokh Singh, Surinder Singh, Prem Chand, Baldev Singh, Phuman Singh, Bayna Singh, Bhangi Ram, Sarwan Singh, Nasib Singh, Lalu Ram and Kashmir Singh against Nirmal Singh and others. Vide notification dated 4.5.1995 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred as “the Act”) followed by Notification of declaration dated 2.5.1996 issued under Section 6 of the Act, land of village Nadha Hadbast No. 199 was acquired for public purpose namely for development and utilization of land as residential, commercial, institutional and industrial, Sectors 22 and 23, Panchkula. The Land Acquisition Collector vide his award No. 7 dated 11.3.1998 determined the market value of the land @ Rs. 2,70,000/- per acre, which was further enhanced by the Reference Court to the tune of Rs.5,60,000 per acre. R.F.A. No.3279 of 2006 (O&M) 2 Mr. Tarunveer Vashist, Additional Advocate General, Haryana has fairly conceded that the aforesaid appeal is covered by the decision in RFA No. 2574 of 2002 bearing caption “Tara Devi Vs. State of Haryana and others” decided on 27.10.2006 by Hon'ble Mr. Justice Viney Mittal. In view of this statement, present appeal is also disposed of in terms of the decision rendered in RFA No. 2574 of 2002 ibid. The matter is remanded back to the Reference Court for determining the market value afresh. The parties through their learned counsel are directed to appear before the learned District Judge, Panchkula on 28.1.2010. Office is also directed to send back the Lower Court's record forthwith. A copy of the order be given dasti on payment of charges for urgent copy. (HARBANS LAL) JUDGE December 18, 2009 RSK NOTE: Whether to be referred to the Reporter or not? Yes/No