R.F.A. No. 2123 of 1992 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 2123 of 1992 (O&M) Date of decision : 5.5.2011 Lakhpati and others .... Appellants vs The State of Haryana .... Respondent Coram : Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sanjay Mittal, Advocate, for the landowners. Mr. Ashish Gupta, Assistant Advocate General, Haryana. RAJESH BINDAL, J This order will dispose of appeals bearing RFA Nos. 2123 and 3090 of 1992, as common questions of law are involved therein. The landowners have filed appeal seeking enhancement of compensation for the acquired land whereas by filing appeal, the State is seeking reduction thereof. Briefly the facts are that vide notification dated 8.12.1986, published on 23.12.1986 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') the State of Haryana sought to acquire land measuring 2.07 acres in the revenue estate of village Balawas-Ahir, Tehsil Rewari, District Mohindergarh, for construction of Bhudpur-Balawas- Ahir Road on Rewari Dadri Road. Notification under Section 6 of the Act was issued on 21.4.1987. The Land Acquisition Collector (for short, 'the Collector') vide his award dated 24.2.1988, determined the market value of the acquired land @ ` 25,120/- per acre for chahi, ` 22,080/- for magda, and ` 35,040/- per acre for gair mumkin gadha khad, gait, tatiyan land. In the award passed by the learned court below, it is recorded that the Collector awarded ` 25,000/- per acre for chahi and ` 35,000/- per acre for gair mumkin abadi land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 23.1.1992, R.F.A. No. 2123 of 1992 (2) determined the market value of the acquired land @ ` 60,000/- per acre. It is this award which is impugned by both the parties before this court. Learned counsel for the landowners submitted that the landowners have not been awarded any amount on account of severance. The land in question was acquired for the purpose of construction of Bhudpur-Balawas Road, which divided the land of the landowners into two parts. They should be awarded 50% of the market value of the land as compensation on that account. On the other hand, learned counsel for the State submitted that compensation as has been assessed by the learned court below is quite on the higher side. The landowners have only produced one sale-deed, Ex. PA, registered on 15.12.1986 for two marlas of plot. Notification under Section 4 of the Act was issued on 8.12.1986 which was published on 23.12.1986. The learned court below by applying thumb rule had assessed the market value of the acquired land @ ` 60,000/- per acre. After hearing learned counsel for the parties, I do not find any reason to interfere with the impugned award at this stage. The acquisition was carried out more than 25 years back. The acquired land is merely 2.07 acres. The learned court below has assessed the compensation @ ` 60,000/- per acre. Even if there is some marginal difference in the value of the acquired land, this court would not like to interfere at this stage as amount of compensation has already been paid to the landowners for the acquisition carried out more than two decades back. Further nothing has been awarded to the landowners on account of severance. The appeals are accordingly dismissed. 5.5.2011 (Rajesh Bindal) vs. Judge