1 RFA No. 1891 of 1992 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH --- Regular First Appeal No. 1891 of 1992 Date of decision: 10.9.2009. State of Haryana --- Appellant Versus Municipal Committee, Punhana --- Respondent CORAM: HON’BLE MR. JUSTICE AJAY KUMAR MITTAL ---- PRESENT: Mr. Ashish Sharma, Deputy Advocate General, Haryana for the appellant. None for the respondent. ---- AJAY KUMAR MITTAL, J. The State of Haryana has approached this Court for reduction in the amount of compensation awarded by the District Judge, Gurgaon vide award dated 3.3.1992, in respect of the acquired land of the land-owner. Certain land owned by the respondent-Municipal Committee was acquired by the State of Haryana, by issuing a notification dated 10.8.1988, under Section 4 of the Land Acquisition Act (for short “the Act’), for a public purpose, namely, setting up a Housing Board Colony in village Nakanpur, Hadbast No. 217, Tehsil Ferozepur Jhirka. The Land Acquisition Collector assessed the compensation of the acquired land at the rate of rupees one lac per acre. The respondent sought reference under Section 18 of the Act, praying for enhancement of the amount of compensation. The Reference Court on the basis of the evidence produced by the parties, determined the market value of the acquired land at the rate of Rs. 1,49,650/- per acre. The Reference Court also granted interest and other statutory benefits available under the Act. 2 RFA No. 1891 of 1992 The Reference Court while determining the market value at the above rate had relied upon the following sale instances: Sale Deed No. 1143 Exhibits R-12 Dated 18.1.1988 Area sold Kanal-Marlas 0.3 Price in Rs. 3,000 1191 R-13 17.4.1988 1.00 18,000 1272 R-17 14.3.1988 0.10 30,000 140 R-27 2.5.1988 0.6 4,000 528 R-28 23.6.1988 0.11 5,000 718 R-32 14.7.1988 2.7 30,000 142 R-33 2.5.1988 2.2 40,000 The aforesaid sale instances were produced by the State itself whereby a total area of 6 Kanals 19 Marlas was sold for a sale consideration of Rs. 1,30,000/- and all the above sales were effected prior to the date of notification under Section 4 issued in the present case. The Reference Court, thus, after taking average of the above sale instances, determined the market value of the acquired land at the rate of Rs. 1,49,650/- per acre. Since the sale instances on the basis of which the Reference Court determined the market value of the land were produced by none else but the State itself, no grievance can possibly be now made at the instance of the State with regard to quantum of the market value determined on the basis thereof. Even otherwise, learned counsel appearing for the appellants has not been able to show any illegality or mis-reading of any evidence which may persuade this Court to interfere with the award of the Reference Court. In view of the above, I find no merit in the appeal and the same is accordingly dismissed. There shall, however, be no order as to costs. (AJAY KUMAR MITTAL) September 10, 2009 JUDGE *RKMALIK*