R.F.A. No. 4405 of 2003 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.F.A. No. 4405 of 2003 (O&M) Date of Decision : 3.8.2009 Smt. Nasib Kaur .......... Appellant Versus The Collector, Land Acquisition, Industries Department, Punjab & Anr. ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. V.S. Rana, Advocate for the appellant. Mr. R.L. Gupta, Addl. A.G. Punjab **** VINOD K. SHARMA, J. (ORAL) C.M. No. 9154-CI of 2009 This is an application for exemption from filing certified copy of Annexure A-1. For the reasons stated in the application, C.M. is allowed, the filing of certified copy of Annexure A-1, is ordered to be dispensed with. C.M. No. 9155-CI of 2009 This application under Section 151 of the Code of Civil Procedure has been moved for deciding the appeal, being covered by the decision of this Court in RFA No. 2697 of 1999, titled Harjinder Singh and another Vs. Land Acquisition Collector, Industries Department, Punjab & others, decided on 4.2.2009. R.F.A. No. 4405 of 2003 2 The learned Addl. A.G., Punjab accepts notice on behalf of the respondent. It is not in dispute, that this case is squarely covered by the decision of this Court in RFA No. 2697 of 1999, titled Harjinder Singh and another Vs. Land Acquisition Collector, Industries Department, Punjab & others (supra ). This C.M. is allowed and the main RFA is taken up for hearing. R.F.A. No. 4405 of 2003 The State of Punjab vide notification dated 7.5.1991, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), acquired the land of the petitioner for setting up of Industrial Focal Point, Ludhiana. The Land Acquisition Collector (for short, the Collector') assessed the market value of the land at Rs. 3,00,000/- ( Rupees three lac only ) per acre for naiee chahi; Rs. 2,50,000/- (Rupees two lac and fifty thousand only ) per acre for chahi; Rs. 2,25,000/- (Rupees two lac and twenty five thousand only ) per acre for gair mumkin and Rs. 1,20,000/- (rupees one lac and twenty thousand only ) per acre for banjar kadim/rosli kinds of land. The appellant herein sought reference under Section 18 of the Act, for claiming enhancement of compensation. The learned Reference Court enhanced the compensation to Rs. 4,50,000/- (Rupees four lac and fifty thousand only ) per acre along with other statutory benefits like solatium and interest. This Court in R.F.A. No. 1881 of 2000 –Labh Singh (dead) through His LRs Major Singh and another v. The Collector, Land Acquisition and another, decided on 25.8.2008, enhanced the compensation to Rs. 6,70,000/- (rupees six lac and seventy thousand only ) per acre. This Court in the case of RFA No. 2697 of 1999, titled Harjinder Singh and another Vs. Land Acquisition Collector, R.F.A. No. 4405 of 2003 3 Industries Department, Punjab & others (supra) by following the decision in the case of Labh Singh (dead) through His LRs Major Singh and another v. The Collector, Land Acquisition and another case (supra), enhanced the compensation to Rs. 6.70,000/- (rupees six lac and seventy thousand only ). It is not in dispute, that this appeal is covered by the said decision. Accordingly, this appeal is allowed. The market value of the acquired land is enhanced at Rs. 6,70,000/-(rupees six lac and seventy thousand only ) per acre. In addition, the appellant shall also be entitled to 30% solatium on enhanced compensation and all other statutory benefits under the Act. Regular first appeal allowed, but with no order as to costs. 3.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE