R.F.A. No. 567 of 1993 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 567 of 1993 (O&M) Date of decision: 6.4.2011 Sain Dass .. Appellant v. The State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Ajay Jain, Advocate for the appellants. Mr. Yatinder Sharma, Deputy Advocate General, Punjab. ... Rajesh Bindal J. This order will dispose of R.F.A. Nos. 567 to 570 of 1993, as common questions of law and facts are involved. The land owners are in appeal before this court against the award of the learned court below for grant of statutory benefits on the amount of damages granted on account of severance. The facts have been extracted from R.F.A. No. 567 of 1993. Briefly, the facts of the case are that vide notification dated 13/14.12.1982, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), land situated in the revenue estate of village Khera Gajju Had Bast No. 269, Tehsil Rajpura, District Patiala was acquired. The same was followed by notification dated 7/10.1.1983, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') assessed the market value of the acquired land. Vide supplementary award dated 5.8.1987, the Collector awarded compensation @ 25% of the value of the land for the unacquired portion lying beyond R.F.A. No. 567 of 1993 [2] the canal, subject to a maximum of 5 acres. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below awarded compensation for severance of land as under: “(i) Where the SYL Canal intervenes between the land severed and the village abadi and it is two acres or less in the area, compensation for severance shall be 60% of the market value of the land so acquired. (ii) Where the severed land is on the abadi side of the village and SYL canal is being constructed beyond it and it is two acres or less in area, compensation for severance shall be 40% of the market value of the land so acquired. (iii) Where the severed land is more than two acres in area but is less than 5 acres and is located on either side of the SYL canal, compensation at the rate of 10% of the market value for its severance shall be payable.” At the very out-set, learned counsel for the State submitted that in view of the judgment of Hon'ble the Supreme Court in State of Punjab v. Amarjit Singh, 2011(2) Civil Court Cases 241, the appellant is not entitled to statutory benefits on the amount of severance. Learned counsel for the appellant was not able to dispute the proposition of law laid down by Hon'ble the Supreme Court in Amarjit Singh's case (supra). For the reasons recorded in Amarjit Singh's case (supra), the appellant in the present case is not entitled to statutory benefits on the amount of damages granted on account of severance. Accordingly, the appeals are dismissed. (Rajesh Bindal) Judge 6.4.2011 mk