RFA No. 522 of 1998 (1) In the High Court of Punjab & Haryana at Chandigarh RFA No. 522 of 1998 (O&M) Date of decision : 13.10.2010 Buta Singh and another ..... Appellants vs State of Haryana ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. G. S. Sidhu, Advocate, for the appellants in RFA no. 522 of 1998 Mr. C. M. Munjal, Advocate, for the appellants RFA Nos. 749 to 759 and 1171of 1998, Mr. Ravi Sodhi, Advocate, for the appellants in RFA No. 673 of 1998. Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J. This order will dispose of appeals bearing RFA Nos. 522, 673, 749 to 759, and 1171 of 1998, as the same arise out of common acquisition. The landowners are in appeal before this Court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, `the Act') seeking enhancement of compensation for the acquired land. Briefly, the facts of the case are that the State of Haryana vide notification dated 29.3.1993 issued under Section 4 of the Act, acquired the land situated in revenue estate of Village Surtia, Tehsil and District Sirsa, for construction of Rori-Ghaggar Drain. The Land Acquisition Collector vide his award dated 18.12.1995 assessed the market value of the acquired land @ 1,00,000/- per acre for nehri and ` 30,000/- per acre for Sem (Water-logged Land). Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land @ ` 1,13,000/- per acre. It is this award which is impugned in the present set of appeals. The only contention raised by the learned counsel for the landowners was that no compensation on account of severance was awarded by the court below. It was submitted that due to construction of drain, the land of the landowners was divided into two parts and it has become difficult for them to RFA No. 522 of 1998 (2) cultivate the same. It was pointed out by them that this court in RFA No. 394 of 1998 Ajmer Singh and others vs State of Haryana, decided on 18.4.2009, upheld the award of the learned court below, however, the landowners were held entitled to compensation @ 25% on account of severance. On the other hand, learned counsel for the State submitted that the learned court below has awarded just and fair compensation for the acquired land as per the evidence led by the landowners themselves which does not call for any intereference by this court. As far as argument of the learned counsels for the landowners for grant of severance is concerned, it was submitted that the court below has awarded sufficient amount of compensation and they do not deserve any more compensation. Heard learned counsel for the parties and perused the relevant referred record. As far as submission of the learned counsels for the landowners regarding grant of severance is concerned, no doubt, due to construction of canal/road/drain, it has become difficult for the landowners to go to their field and cultivate the same. Due to bifurcation of land it is difficult for them to irrigate other portion of land. In Ajmer Singh's case (supra), this court had awarded compensation on account of severance @ 25% to the landowners of village Rori, whose land was aquired for the same purpose vide notification of the same date. Accordingly, the landowners in the present set of appeals are also entitled 25% of the value of the land as compensation on account of severance. They shall also be entitled to all statutory benefits available under the Act. The appeal stands disposed of accordingly. 13.10.2010 (Rajesh Bindal) vs. Judge