RFA No. 4129 of 2006 (1) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH RFA No. 4129 of 2006 (O&M) Date of decision : 20.4.2011 Smt. Vidya Devi ...Appellant vs State of Haryana and others ..Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Pritam Saini, Advocate, for the appellant. Mr. D. D. Gupta, Additional Advocate General, Haryana. Mr. B. S. Dhillon, Advocate, for the legal representatives of respondent no. 3. Rajesh Bindal, J. Smt. Vidya Devi- tenant has filed appeal inter-alia seeking enhancement of compensation for the acquired land. Briefly, the facts of the case are that vide notification dated 22.8.2001, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), State of Haryana acquired land in Pehowa town for construction of road as well as for residential and commercial purposes. The same was followed by notification dated 25.1.2002, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') assessed the market value of the acquired land @ ` 6,00,000/- per acre. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land @ ` 6,60,000/- per acre. Since Smt. Vidya Devi failed to prove her tenancy, the amount of compensation was ordered to be paid to respondent no. 3 Vinod Kumar (since deceased). It is against this award, the appellant has filed the present appeal, which was admitted. RFA No. 4129 of 2006 (2) Now the appellant has filed application for disposal of the main appeal as per compromise dated 16.3.2011 arrived at between the appellant and the legal representatives of deceased respondent no. 3 as far as apportionment of compensation is concerned. The issue regarding amount of compensation is stated to be covered by judgment of this court in RFA No. 4538 of 2006- State of Haryana and another vs Smt. Vidya Devi and another decided on 10.12.2010, wherein the amount of compensation was further enhanced to ` 9,00,000/- per acre. Learned counsel for the appellant and respondent no. 3 submitted that as far as the amount of compensation is concerned, the dispute between the parties has been settled by way of compromise dated 16.3.2011. It was further submitted that as far as valuation of acquired land is concerned, the issue is squarely covered with the judgment of this court in Smt. Vidya Devi' s case (supra). Today both the parties, namely, appellant Smt. Vidya Devi and the legal representatives of deceased respondent- Vinod Kumar, namely, Smt. Madhurika Sharma his widow are present in person. Their joint statement has been recorded separately settling the dispute pertaining to the apportionment of compensation. The text of the statement is as under:- “We have settled the dispute amicably. As per order dated 10.9.2007 passed by Hon'ble High Court, Vinod Kumar had withdrawn 50% amount of compensation. Out of the remaining 50% and the enhanced amount of compensation, Smt. Vidya Devi will get 40% share and Smt. Madhurika Sharma and her minor children will get 60% share. We will abide by the settlement dated 16.3.2011 and have no objection if the appeal is disposed of as compromised in terms of the settlement.” RFA No. 4129 of 2006 (3) The terms of the compromise dated 16.3.2011 are extracted below:- “We, Vidya Devi widow of Sh. Dalbir Singh resident of Fauji Plot Ward No. 3 Pehowa, District Kurukshetra, 1st party and [a] Madhurika Sharma widow of Sh. Vinod Kumar son of Sh. Lal Chand [b] Miss Pridhi [minor] daughter [c] Jai Surya [minor] son of Vinod Kumar son of Sh. Lal Chand, both minors through their mother Madhurika Sharma [Lrs of Vinod Kumar son of Sh. Lal Chand owner of land] resident of Pehowa district Kurukshetra, 2nd party, has compromised the matter in appeal titled Smt. Vidya Devi versus State of Haryana etc. R. F. A. No. 4129 of 2006 [LA case No. 123/04] pending in the Hon'ble court of Punjab and Haryana High Court Chandigarh, with the intervention of respectable persons. As per vide order dated 10-9-2007 passed by Sh. Permod Kohli Judge, Punjab and Haryana High Court Chandigarh, the 2nd party has withdrawn 50% amount of compensation in respect to land measuring 14 Kls. 6 Mls. Now as per compromise, out of remaining amount of compensation [i.e. 50%] 40% share will go to the 1st party and 60% share will go to 2nd party. Likewise both party shall be entitled to the amount of compensation to be enhanced in other case pending before Punjab and Haryana High Court Chandigarh. Both parties have no objection to decide the appeal as per compromise.” As far as valuation of acquired land is concerned, learned State counsel did not dispute the fact that this court had further enhanced the compensation for the land acquired vide same notification to ` 9,00,000/- per acre. RFA No. 4129 of 2006 (4) Considering the aforesaid stand of the parties, as far as the valuation of the acquired land is concerned, the landowners shall be entitled to enhanced compensation in terms of judgment in Smt. Vidya Devi's case (supra). As far as sharing of compensation is concerned, both the parties shall share the same in terms of compromise arrived at between the parties on 16.3.2011 which shall form part of the decree. The appeal stands disposed of in the manner indicated above. 20.4.2011 (Rajesh Bindal) vs. Judge