R.F.A. No. 1317 of 1993 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 29.7.2010 (1) R.F.A. No. 1317 of 1993 (O&M) The State of Haryana .. Appellant v. Narinder Singh Bokan and another .. Respondents (2) R.F.A. No. 1588 of 1993 (O&M) Narender Singh Bokan and another .. Appellants v. The State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana. Mr. R. A. Yadav, Advocate for the land owners. ... Rajesh Bindal J. This order will dispose of above mentioned two appeals, as the same arise out of a common acquisition. In the appeal filed by the land owners, they are seeking further enhancement of compensation awarded by the learned court below for the acquired land, whereas in the appeal filed by the State of Haryana, the prayer is for reduction in the amount of compensation awarded to the land owners. The facts have been extracted from R.F.A. No. 1317 of 1993. Briefly, the facts of the case are that vide notification dated 7.4.1988, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), State of Haryana acquired 0.41 acres of land, situated in village Kadarpur, Tehsil and District Gurgaon, for construction of road from Badashahpur to Kadarpur, via Medawas. The same was followed by notification dated 25.4.1989, issued R.F.A. No. 1317 of 1993 [2] under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') awarded compensation @ ` 40,000/- per acre. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land @ ` 1,00,000/- per acre. A perusal of the impugned award shows that the land acquired in the present case is merely 0.41 acres. Though the learned court below enhanced the compensation from ` 40,000/- to ` 1,00,000/- per acre, which is sought to be disputed by both the parties by filing the appeals, however, considering the fact that there is no material on record as such to justify any further increase in the compensation, I do not find any reason to interfere in the appeal filed by the land owners. Even in the appeal filed by the State, even though the contention sought to be raised was that the learned court below had relied upon a post-acquisition sale deed, where the value shown was ` 87,000/- per acre, but still awarded ` 1,00,000/- per acre as compensation, however, considering the fact that more than 20 years have already passed by; the acquisition was for the purpose of construction of a road, which must have divided the land of the land owners and the learned court below having not granted any compensation on account of severance, in my opinion, the assessment of compensation @ ` 1,00,000/- per acre as well does not call for any interference. Accordingly, the appeals are dismissed. (Rajesh Bindal) Judge 29.7.2010 mk