RFA No. 986 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RFA No. 986 of 2009 (O&M) Date of decision : 26.10.2010. Shamsher and others ..... Appellants vs State of Haryana and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. S. S. Godara, Advocate, for the appellants. Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J. This order will dispose of the appeals bearing RFA Nos. 986 to 989, 1621, 1803 to 1830, 2098 to 2108, 2251 to 2253, 2884 to 2886, 3117, and 4900 to 4902 of 2009, 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 further enhancement of compensation for the acquired land. Briefly, the facts of the case are that Government of Haryana, vide notification dated 6.9.2000, issued under Section 4 of the Act, acquired 11.20 acres of land situated in the revenue estate of Village Nangla, Hadbast No. 81, Tehsil Tohana, District Fatehabad, for construction of Chetain Minor from RD 0 to 22700. The same was followed by notification under Section 6 of the Act dated 14.3.2001. The Land Acquisition Collector (for short, “the Collector”) vide his award dated 24.9.2002, assessed the market value of the acquired land @ ` 1,50,000/- per acre for nehri kind of 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 @ ` 2,50,000/- per acre. Vide notification of the same date, the State of Haryana also acquired land in village Nangli, Hadbast No. 78, Tehsil Tohana, District Fatehabad, for the same purpose. The notification under Section 6 of the Act was issued on RFA No. 986 of 2009 -2- 14.3.2001. The Collector vide his award dated 10.10.2002 assessed the market value of the acquired land @ ` 1,30,000/- per acre for nehri and ` 80,000/- per acre for Taal kind of 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 @ ` 2,50,000/- per acre. Still dissatisfied with the amount of compensation, the landowners have filed appeals before this court. Learned counsel for the appellants was fair enough to submit that there is no evidence on record produced by the landowners which could justify further increase in the amount of compensation as has been assessed by the learned court below. Sale-deed, Ex. P-1, in LAC No. 1 of 2005, produced on record by the landowners was registered 4-5 years after the issuance of notification under Section 4 of the Act in the present case and also pertains to the land of village Samain. The awards pertaining to acquisitions of land, Ex. P5, Ex. P-6 and Ex. P- 7, are also not relevant as the same pertained to different villages. There is no site plan to show the location of the land pertaining to those acquisitions. Learned counsel for the State submitted that in the absence of any evidence, no case for further enhancement can possibly be made out. Rather the learned court below was generous in enhancing the amount of compensation from ` 1,50,000/- to ` 2,50,000/- per acre without there being any evidence on record. Heard learned counsel for the parties and perused the relevant referred record. In the present case, the only evidence led by the landowners are sale- deed, Ex. P-1 and earlier awards, Ex. P-5 to Ex. P-7. The aforesaid documents are not relevant as far as the issue regarding determination of fair value of the acquired land is concerned. The sale-deed, Ex. P-1, was registered on 17.3.2006. The land in this sale-deed pertained to village Samain, whereas the acquired land is situated in villages Nangla and Nangli. The award, Ex. P-5, pertains to acquisition of land vide notification dated 28.11.1995 in village Jamalpur Sheikhan. Vide award dated 28.2.2007, Ex. P-6, the market value of the land acquired vide notification dated 10.4.2003, in village Baguwali, Narelkhera, Bhaudin, Suchan, Kotli, Sikanderpur, Moriwala, District Sirsa, was assessed. Whereas the award, Ex. P-7, pertains to the land acquired vide notification dated 12.12.2003 in District Jind. Meaning thereby that none of the aforesaid documents produced on record by the landowners is relevant for the purpose of determination of fair market value of the acquired land, what to talk of further enhancement of compensation by placing reliance thereon. RFA No. 986 of 2009 -3- In the absence of any material evidence on record, I do not find any case is made out for further enhancement. No other point was raised. Accordingly, the appeals are dismissed. 26.10.2010 ( Rajesh Bindal) vs. Judge