RFA No. 948 of 2002 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA No. 948 of 2002 Date of Decision: 15.10.2008 **** Avinash Chander …. Appellant(s) Vs. State of Haryana and another ….Respondent(s) **** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Ashwani Talwar, Advocate for the appellant(s) in the appeals filed by the claimants and for the respondents in the appeals filed by the State of Haryana. Mr.H.S. Hooda, Advocate General, Haryana with Mr.Rajiv Kawatra, Sr.DAG, Haryana for the respondents in the appeals filed by the claimants and for the appellants in the appeals filed by the State of Haryana. **** RAKESH KUMAR JAIN, J. This order shall dispose of 34 cases RFA Nos. 948, 949, 2366, 1429, 2000 of 2002, RFA Nos.1100, 1829, 740, 163, 360, 1023, 1025, 1026, 1027, 1028, 1029, 1146 of 1996, RFA No.1426 of 2003, RFA Nos. 1214, 1215, 1216, 877, 930, 1213, 1508, 1509, 1510, 1533, 1534 of 1997, RFA Nos. 891, 713 of 2000, RFA Nos.3585, 3820 of 1999 and RFA No. 154 of 2001 Briefly stated, the facts of the case are that vide notification dated 23.2.1989 issued under Section 4 of the Land Acquisition Act, 1894 (in short “the Act”) followed by declaration under Section 6 of the Act dated 22.2.1990, land situated in the RFA No. 948 of 2002 - 2 - revenue estate of Patti Taraf Mugdum Jagdan, Tehsil Panipat was acquired for the public purpose namely for development and utilization of the land as residential and commercial area for Sector 17, Panipat under the HUDA Act, 1977. Vide his award No.13 for the year 1991-92, the Land Acquisition Collector, Panchkula assessed the market value of the acquired land @ Rs.2 lac per acre for chahi and @ Rs.1.25 lac per acre for Gair Mumkin. In the reference under Section 18 of the Act, the amount of compensation was re-determined by the Court @ Rs.81/- per sq. yard. Unsatisfied with the award of the reference Court, several appeals were filed before this Court by the claimants. The learned Single Judge of this Court in the Regular First Appeal No.1379 of 1994 “Nand Lal and others Vs. State of Haryana and another” calculated the market value @ Rs.125 per Sq. Yard vide his order dated 29.11.2006. Still aggrieved, the appellants in RFA No.1379 of 1994 filed a review application No.31 CI of 2007 and prayed that value of the acquired land be fixed @ Rs.161 per sq. yard. The review application No.31 C1 of 2007 was disposed off by Division Bench of this Court vide order dated 31.8.2007 by recalculating the market value @ Rs.139 per sq. yard. Sh. Ashwani Talwar, learned counsel appearing for the appellant(s) has submitted that the present appeals are covered by the decision of the Division Bench rendered in the review application No.31 CI of 2007 “Nand Lal and others vs. State of Haryana and another” decided on 31.8.2007 whereby, an amount of Rs.139 per Sq. Yard has been determined for the acquired land. Mr.Rajiv Kawatra, Sr. DAG, Haryana appearing for the respondent(s) has fairly conceded to the aforesaid statement made by counsel for the appellants. RFA No. 948 of 2002 - 3 - Since both the parties are ad-idem that the present appeals are covered by the aforesaid decision in Review Application No.31 CI of 2007 in RFA No.1379 of 1994 titled as “Nand Lal and others vs. State of Haryana and another” decided on 31.8.2007 therefore, the present appeals are also decided in terms of the aforesaid order. Thus all the aforesaid appeals are disposed off in terms of the order passed in Review Application No.31 CI of 2007 in RFA No.1379 of 1994 titled as “Nand Lal and others vs. State of Haryana and another”. (RAKESH KUMAR JAIN) 15.10.2008 JUDGE vivek