R.F.A. No. 631 of 1989 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) R.F.A. No. 631 of 1989 Date of decision: September 11 , 2008 Bhola Ram and another .. Appellants v. State of Haryana and another .. Respondents (2) R.F.A. No. 635 of 1989 Smt. Luxmi Devi .. Appellant v. State of Haryana and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Jaswant Jain, Advocate for the appellants. Mr. B.S. Rana, Additional Advocate General, Haryana with Mr. Rajiv Kawatra, Senior Deputy Advocate General, Haryana for the respondents. Rajesh Bindal J. This order will dispose of R.F.A. Nos. 631 and 635 of 1989, as the same arise out of a common acquisition. The facts have been extracted from R.F.A. No. 631 of 1989. The land owners are in appeal against the award of the learned Court below for further enhancement in the compensation for the acquired land. Briefly, the facts are that the land in question was acquired vide notification dated 2.10.1980 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for the construction of Hasanpur Distributory. The Land Acquisition Collector gave award of Rs. 12,000/- per acre for Barani land and Rs. 15,000/- per acre for Chahi land. Aggrieved against the same, the land owners filed objections which were referred to the learned District Judge, Narnaul, who keeping in view the material placed on record by the parties, awarded Rs. 24,000/- per acre for the acquired land vide award dated 23.12.1988. Learned counsel for the land owners submitted that vide notification dated 2.5.1979, another piece of land was acquired for the same purpose nearby the land under acquisition in the present case, whereas the present acquisition R.F.A. No. 631 of 1989 [2] notification was issued on 2.10.1980. He further submitted that for the acquisition carried out vide notification dated 2.5.1979, this Court in R.F.A. No. 482 of 1989 —Charan Dass and others v. The State of Haryana and another, decided on 8.10.2003, assessed the value of the land at Rs. 32,000/- per acre. The submission is that on the value so determined by this Court for the acquisition vide notification dated 2.5.1979, the land owners will be given annual increase @ 12%, as is judicially recognised. Learned counsel for the State does not dispute the facts as stated by the learned counsel for the land owners. However, he submitted that keeping in view the period when the land was acquired, the annual increase @ 12% may not be reasonable. Heard learned counsel for the parties. Keeping in view the aforesaid undisputed facts regarding determination of compensation by this Court in Charan Dass's case (supra) with regard to the acquisition of land vide notification dated 2.5.1979 in the same village for the same purpose where the value of the land was determined at Rs. 32,000/- per acre and the acquisition in the present case being one year and five months thereafter, in my considered opinion, an increase of 12% over and above the compensation determined in Charan Dass's case (supra) would be reasonable. Accordingly, adding a sum of Rs. 6400/- per acre, the value of the land acquired in the present case is determined at Rs. 38,400/- per acre. The land owners shall also be entitled to all the statutory benefits available to them under the Act. The appeals are allowed with costs. (Rajesh Bindal) Judge September 11, 2008 mk