R. F. A No. 2053 of 1990 1 In the High Court of Punjab & Haryana at Chandigarh R. F. A No. 2053 of 1990 (O&M) Date of decision : 17.9.2008 Union of India and others ..... Appellants vs Sain Dass and another ... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: None. Rajesh Bindal J. The appellants have filed the present appeal for reduction of compensation awarded by the learned court below vide order dated 15.1.1990. Briefly, the facts are that vide notification dated 17.11.1979, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the Union of India acquired 6218 kanals 1 marla of land in Village Bungal, Hadbast No. 390, Tehsil Pathankot, District Gurdaspur, for public purpose. The Land Acquisition Collector vide his award dated 19.9.1985 assessed the market value of the acquired land at the following rates:- 1. Barani I Rs. 6,200/- per acre 2. Barani II Rs. 5,000/- per acre 3. Barani III Rs. 4,000/- per acre 4. Banjar Jadid Rs. 3,000/- per acre 5. Banjar Qadim Rs. 3,000/- per acre 6. Gair Mumkin Rs. 2,200/- per acre 7. Gair Mumkin abadi Rs. 6,200/- per acre Dissatisfied with the award of the Land Acquisition Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 15.1.1990, determined the R. F. A No. 2053 of 1990 2 market value of the acquired land the following rates:- 1. Barani I Rs. 16,000/- per acre 2. Barani II Rs. 15,000/- per acre 3. Barani III Rs. 14,000/- per acre 4. Banjar Jadid Rs. 7,000/- per acre 5. Banjar Qadim Rs. 7,000/- per acre 6. Gair Mumkin Rs. 4,000/- per acre 7. Gair Mumkin abadi Rs. 16,000/- per acre It is against this award that the Union of India had filed the present appeal. None has appeared for the appellants as well as for the respondents to assist the court. However, as per the record available on the file, the issue involved in the present appeal is squarely covered by the judgment of this court in R.F.A. No. 2045 of 1990 – Union of India and others vs Khem Raj, decided on 26.5.2004, where vide a common order passed in the bunch of appeals, the compensation payable to the landowners for the same acquisition of land was enhanced and the appeals filed by the Union of India were dismissed. Since this court in Khem Raj's case (supra) had increased the compensation payable to the landowners, the appeal filed by the Union of India does not survive. Accordingly, the appeal is dismissed. 17.9.2008 ( Rajesh Bindal) vs. Judge