R. F. A No. 3250 of 1993 1 In the High Court of Punjab & Haryana at Chandigarh Date of decision : 4.8.2010 1) RFA No. 3250 of 1993 (O&M) Haryana State .... Appellant Versus Darshan Lal ...... Respondent 2) RFA No. 3251 of 1993 (O&M) Haryana State .... Appellant Versus Krishan Lal ...... Respondent 3) RFA No. 3252 of 1993 (O&M) Haryana State .... Appellant Versus Charan Dass ...... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J. This order shall dispose of the aforesaid appeals as the same arise out of common acquisition. The State of Haryana has filed appeals against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction in compensation. The facts have been extracted from RFA No. 3250 of 1993. Briefly, the facts are that vide notification dated 7.10.1982, issued under Section 4 of the Act, the State of Haryana acquired land in Village Taraf Afgana, District Panipat, for development and utilisation thereof as residential, commercial and industrial area in Sectors-11, 12 and 25 Part-I. The Land Acquisition Collector (for short, “the Collector”) vide his award dated 2.4.1987 assessed the market value of the acquired land @ ` 50,000/- per acre for chahi and ` 40,000/- per acre for banjar kadim/ gair mumkin kinds of land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned Court below, while relying earlier award dated 2.11.1992, Ex. P1, determined the market value of the acquired land @ ` 44/- per square yard. It is this award which is impugned in the present set of appeals by the State of Haryana. R. F. A No. 3250 of 1993 2 Learned counsel for the appellant submitted that the learned court below while assessing the market value of the acquired land had relied upon earlier award, Ex. P-1, vide which the market value of the land forming part of revenue estates of villages Taraf Afgana, Ugra Kheri and Malik Ugra Kheri, acquired vide notification dated 15.12.1982 had been assessed. The land in the present case was acquired vide notification issued under Section 4 of the Act on 7.10.1982. He submitted that considering the time gap in the two acquisitions cut @ 12% per annum was required to be made for two months. Heard learned counsel for the appellant and perused the relevant referred record. A perusal of the award shows that value of the land in the present case was assessed on the basis of earlier award, Ex.P-1, vide which the value of the land acquired vide notification dated 15.12.1982 was determined by the court below. The land in the present case was acquired vide notification dated 7.10.1982 i.e. 2 months earlier. It has been brought to the notice of the court that the award, Ex. P-1, assessing the market value of the land acquired vide notification dated 15.12.1982, was challenged before this court by the landowners therein by filing appeals. This court while deciding the LPAs in Jogi Ram and others vs State of Haryana 1997 (3) R. C. R. (Civil) 377, had determined the compensation payable to the landowners therein @ ` 80/- per square yard. Since this court had further enhanced the compensation payable to the landowners for acquisition of land vide notification dated 15.12.1982 to ` 80/- per square yard, the present appeals filed by the State for reduction do not survive. Accordingly, the appeals filed by the State are dismissed. 4.8.2010 (Rajesh Bindal) vs. Judge