RFA No. 1631 of 1995 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 1631 of 1995 (O&M) Date of decision 8.11.2010 Haryana State and others ...Appellants vs Smt. Shanti Devi and others ...Respondents Coram : Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana. None for the landowners. Rajesh Bindal, J. This order shall dispose of appeals bearing RFA No. 1631, 1632 and 1640 of 1995, as common questions of law and facts are involved therein. The land owner has filed the appeal against the impugned award seeking enhancement of compensation for the acquired land whereas by filing appeals the State of Haryana is seeking reduction thereof. Briefly the facts of the case are that vide notification dated 9.5.1986, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') the State of Haryana, acquired land measuring 3.75 acres situated within the revenue estate of Village Dabri, Hadbast No. 8, Tehsil and District Karnal, for construction of Karnal Kachwa Road. The Land Acquisition Collector (for short 'the Collector') assessed the market value of the acquired land @ ` 30,000/- per acre for chahi and ` 16,000/- per acre for gair mumkin kinds of land. The land owners being dissatisfied with the award of the Collector filed objections which were referred to the learned Court below. The learned Reference Court assessed the compensation of the acquired land @ ` 1,00,000/- per acre and ` 75,000/- per acre for gair mumkin brick kiln. Aggrieved against the award of the learned court below, both the parties are in appeal before this court. A perusal of the impugned award shows that a small piece of land measuring 3.75 acres of land was acquired vide notification dated 9.5.1986 for construction of Karnal Kachwa Road. More than 25 years have gone by. The learned court below has referred to and relied upon sale-deed, Ex. P-1, dated 23.5.1985 pertaining to land measuring 8 kanals 7 marlas sold for a sum of ` 1,05,000/- i.e. ` 1,00,598/- per acre. The aforesaid land is noticed to be located at a distance of 13 acres from the acquired RFA No. 1631 of 1995 (2) land. Considering these facts, the learned court below assessed the value of chahi kind of land @ ` 1,00,000/- per acre and ` 75,000/- per acre for gair mumkin brick kiln. Apparently, the compensation assessed is just and fair. Accordingly, there is no merit in the appeals filed by the State of Haryana. The same are dismissed. The appeal filed by the landowners is dismissed for non- prosecution. 8.11.2010 (Rajesh Bindal) vs. Judge