IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 2817 of 2008 Date of Decision: 12.8.2009 Ved Parkash ....Appellant. Versus State of Haryana and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. D.S. Nain, Advocate for the appellant. Mr. Ashish Sharma, DAG, Haryana, for respondents No.1 and 2. Mr. Raghujeet Singh Madan, Advocate, for respondent No.3. AJAY KUMAR MITTAL, J. This order shall dispose of two appeals bearing RFA No. 2817 and 2818 of 2008 filed by the landowners for enhancement of the amount of compensation awarded by the reference court as the same have arisen from the same award and relate to the same acquisition. The respondent-State of Haryana vide notifications dated 9.8.2002 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) and dated 8.8.2003 under Section 6 of the Act had acquired 277.36 acres of land situated within the revenue estate of village Kaisth Seth, Kaithal Hadbast No.24, Tehsil and District Kaithal, RFA No. 2817 of 2008 -2- for the public purpose, namely, development and utilization of residential, commercial and institutional Sector-21, Kaithal. The Land Acquisition Collector, Kaithal, vide its award dated 5.8.2005 determined the market value of the acquired land at the rate of Rs.5,00,000/- per acre. Feeling aggrieved, the claimants filed a reference under Section 18 of the Act and the reference court vide its award dated 30.11.2006 had awarded compensation of the acquired land at the rate of Rs.350/- per square yard. Besides the aforesaid compensation, the landowner- claimants were held entitled to costs and all other statutory benefits including solatium, additional amount and interest in accordance with the provisions of the Act. Still feeling not satisfied, the claimants have filed the instant appeal for enhancement of the amount of compensation. Learned counsel for the parties are ad idem that against the same acquisition, some of the other claimants had also approached this Court for further enhancement of the compensation and the matter has already been remanded to the reference court vide order dated 5.12.2008 passed in RFA No.361 of 2007 (Jiwan Dass v. State of Haryana and another) for fresh consideration of the material placed on record by the parties. The present appeals have been filed by the claimants for enhancement of the amount of compensation awarded by the reference court vide the same award. The parties are not at variance on the factual concept of the matter that the material on record of the present case had not been noticed by the reference court while passing the impugned award. In view thereof, the award is set aside and the matter is remanded to the RFA No. 2817 of 2008 -3- reference court for deciding the same afresh in terms of the order dated 5.12.2008 passed by this Court in RFA No. 361 of 2007 (Jiwan Dass v. State of Haryana and another) and other connected appeals. The appeals are disposed of accordingly. August 12, 2009 (AJAY KUMAR MITTAL) gbs JUDGE IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 2818 of 2008 Date of Decision: 12.8.2009 Krishan Kumar ....Appellant. Versus State of Haryana and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. D.S. Nain, Advocate for the appellant. Mr. Ashish Sharma, DAG, Haryana, for respondents No.1 and 2. Mr. Raghujeet Singh Madan, Advocate, for respondent No.3. AJAY KUMAR MITTAL, J. This appeal is disposed of, remanding the matter to the reference court for deciding the same afresh. For reasons, see the judgment of even date recorded in RFA No. 2817 of 2008 (Ved Parkash v. State of Haryana and others). August 12, 2009 (AJAY KUMAR MITTAL) gbs JUDGE