IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.227 of 1994 (O&M) Date of decision:29.08.2012. Rachan Singh (deceased) through his LR and others ...Appellants versus The Collector, Ropar, District Ropar and another ....Respondents II. RFA No.554 of 1994 (O&M) Ujjagar Singh ...Appellant versus Punjab State and another ....Respondents III. RFA No.811 of 1994 (O&M) Bachint Singh and others ...Appellants versus Punjab State and another ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. R.L. Sharma, Advocate, for the appellants. Mr. Ram Lal Gupta, Additional Advocate General, Punjab. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- RFA No.227 of 1994 (O&M) - 2 - K.Kannan, J. (Oral) 1. The issue involved in these cases, is only with reference to the compensation for severance of properties, on account of which the property severed and not acquired, have lost the value and that compensation could be given for the severance effected. The issue has been dealt with by this Court in Tehal Singh Versus State of Punjab-(1987) 1 RRR 495 where depending on the extent of property which is severed and left un-acquired and the location and extent of property as regards the proximity or otherwise to abadi or agricultural land would determine the compensation payable for severance could range from 10% to 60%. In this case, the extent of properties covered through the acquisition that remains un-acquired is stated to be of the following extents: 1 RFA No.227 of 1994 Total Land Acquired Land Remaining Land Rachan Singh 24K-17M 5K-18M 18K-19M 2 RFA No.554 of 1994 Ujjagar Singh 14K-15M 4K-14M 9K-1M 3 RFA No.811 of 1994 Bachint Singh 3K-7M 1K-19M 1K-8M 2. It is not clear from the evidence whether the property severed was on the abadi side or away from it. Even erring on the less favourable mode, as per the judgment, the provision for severance for land left un-acquired being 2 acres or less, it shall be 40% of the value of land acquired, though in RFA No.227 of 1994, the extent of severed land in slightly in excess of 2 acres. RFA No.227 of 1994 (O&M) - 3 - 3. The awards stand modified providing for 40% of the value of acquired land for severance. They shall not attract solatium or additional benefit under Section 23(1-A). 4. All the appeals are disposed of. (K.KANNAN) JUDGE 29.08.2012 sanjeev