IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 1920 of 2004. Date of Decision : 15.3.2010. Union Territory, Chandigarh ......Appellant Versus Puran Chand Gupta & others ......Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Ms. Lisa Gill, Advocate, for the U.T., Chandigarh. Mr. P.C. Dhiman, Advocate, for the respondents. NAWAB SINGH J.(ORAL) This judgment would dispose of five appeals bearing No.1920-22 of 2004, 3031 of 2005, 4017 of 2008 and cross objection No. 60-CI of 2005 as the same have been preferred against common judgment/Award dated May 6th, 2004 of Additional District Judge, Chandigarh (hereinafter referred to as “the Court of Reference”). 2. Pursuant to notification dated January 31st, 1992 under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act'), land in question situated within the revenue estate of Manimajra-Chandigarh was acquired for the purpose of establishing residential and commercial complex, construction of municipal parks Mani Majra-Chandigarh. The Land Acquisition Collector by Award dated September 10th, 1998, assessed the market value at the rate of Rs.3,50,000/- per acre. Dis-satisfied therewith, land owners sought for enhancement and references were made under Section 18 of the Act. The Court of Reference assessed the market value of the acquired land at the rate of Rs.5,08,200/- per acre. 3. The solitary contention of learned counsel for the appellants is that vide notification dated December 10th, 1991 under section 4 of the Act land of Manimajra was acquired by Chandigarh Administration. This Court by judgment rendered in R.D. Sharma vs. Union Territory, Chandigarh (RFA No. 893 of 2000 decided on October 20th, 2008) assessed the market value of the land acquired vide aforesaid notification at the rate of Rs.196/- per square yard, a fact which is not in dispute. Hence it is prayed that the market value of the land acquired by present notification be also assessed at the same rate as that of the land acquired vide notification dated December 10th, 1991. 4. Indisputably, there is only difference of 1 month and 20 days between the two notifications and there is no other ground either which could compel this Court to assess the market value at a lower rate than the rate fixed by this Court in R.D. Sharma's case supra. 4. In view of this, the market value of the acquired land is also assessed at the rate of Rs.196/- per square yard along with the statuary benefits on the enhanced compensation as provided under the Act. Thus, the appeals No. 3031 of 2005, 4017 of 2008 and cross objection No. 60-CI of 2005 filed by the land owners are accepted and RFA No. 1920-22 of 2004 filed by the Union Territory Chandigarh are dismissed. (NAWAB SINGH) JUDGE 15.3.2010 SN