R. F. A No. 1924 of 2003 (1) In the High Court of Punjab & Haryana at Chandigarh Date of decision : 17.12.2008 1. R. F. A No. 1924 of 2003 (O&M) Moti Ram and others ... Appellants vs State of Haryana .... Respondent 2. R. F. A No. 3100 of 2003 (O&M) Gram Panchayat, Chandawali ... Appellant vs State of Haryana and another .... Respondents 3. R. F. A No. 3101 of 2003 (O&M) Ravinder Kumar and others ... Appellants vs State of Haryana and another .... Respondents 4. R. F. A No. 3102 of 2003 (O&M) Kalu Ram and others ... Appellants vs State of Haryana and another .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Adarsh Jain, Advocate, for the appellants. Mr. Navneet Singh, Assistant Advocate General, Haryana. Rajesh Bindal J. This order shall dispose of Regular First Appeal Nos. 1924 and 3100 to 3102 of 2003 filed by the landowners for further enhancement of compensation on account of acquisition of land. The facts have been noticed from R. F. A. No. 1924 of 2003. Briefly, the facts are that vide notification dated 12.3.1996, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land in Village Chandawali, District Faridabad, for public purpose namely for development and utilisation of land as institutional, residential and commercial area for Sector-64, R. F. A No. 1924 of 2003 (2) Faridabad. The learned Land Acquisition Collector (for short, “the Collector”), assessed the market value of the land at Rs. 4,00,000/- per acre. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. The learned Additional District Judge, on reference under Section 18 of the Act, vide award dated 16.8.2002, assessed the value at Rs. 315/- per square yard. It is this award which is under challenged before this court. Learned counsel for the landowners submitted that the value of the acquired land as assessed by the learned court below deserves to be increased. It was submitted that the land in the same village for the same purpose was acquired vide notification dated 23.11.1992 and the market value was assessed at Rs. 290/- per square yard. The market value of the land which was acquired vide notification dated 22.5.1995 was assessed at Rs. 450/- per square yard by this court in R. F. A. No. 2501 of 2001 Ved Pal and others vs State of Haryana and others decided on 3.5.2006. It is submitted that the acquisition in the present case was carried out vide notification dated 12.3.1996 i.e. Nine months after the acquisition which was under consideration before this court in Ved Pal's case (supra) where the value of the acquired land was assessed at Rs. 450/- per square yard. Referring to the value of the acquired land which was carried out vide notification dated 23.11.1992, it was submitted that for a gap of 2½ years, an increase of Rs. 64/- per square yard/ per annum was granted and in the present case the period being nine months after the notification dated 22.5.1995, the appellants should be granted increase in the same proportion. On the other hand, learned counsel for the State did not dispute the fact as stated by the learned counsel for the appellants/landowners regarding acquisition of land and determination of compensation pertaining to the acquisition vide notification dated 23.11.1992 and 22.5.1995 and also that the land therein was acquired was located close to the land in question. It was further admitted that vide notification dated 22.5.1995 which was subject matter of appeal in Ved Pal's case (supra), the land was acquired for the same purpose. Heard learned counsel for the parties and perused the record. It is admitted fact on record that for the acquisition carried out R. F. A No. 1924 of 2003 (3) vide notification dated 22.5.1995, was pertaining to the land of same village and for the same purpose, this court had assessed the value thereof at Rs. 450/- per square yard in Ved Pal's case (supra). The acquisition in the present case being vide notification dated 12.3.1996, the landowners are certainly entitled to some increase therefor. However, the claim of the appellants that it should be @ Rs. 64/- per square yard /per annum cannot be accepted as at the most the same can be @ 12% per annum. Considering the fact that for the period prior to the acquisition the value of the land in the area had increased at a good pace and that there is difference of nine months, by granting 9% increase on Rs. 450/- i.e. Rs. 40/- per square yard per annum, the amount of compensation payable to the landowners in the present set of appeals is assessed at Rs. 490/- per square yard. The landowners shall also be entitled to the statutory benefits available under the Act. The appeals are disposed of accordingly. 17.12.2008 ( Rajesh Bindal) vs. Judge