1 R.F.A. No. 1623 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH --- Regular First Appeal No. 1623 of 2009(O&M) Date of Decision: 04.11.2009 State of Haryana --- Appellant Versus Sangeeta Chavania and others --- Respondents CORAM: HON’BLE MR. JUSTICE AJAY KUMAR MITTAL *** PRESENT Mr. H.S. Hooda, Advocate General, Haryana with Mr. Ashish Sharma, Deputy Advocate General, Haryana, for the appellant. None for the respondents. --- AJAY KUMAR MITTAL, J. This Regular First Appeal at the instance of the State of Haryana has arisen out of award, dated 28.4.2008, of the Reference Court. The plea of the State of Haryana is that the amount of compensation awarded by the Reference Court being highly excessive and unreasonable deserves to be reduced. In brief, the facts of the case are that land measuring 486.61 acres situated within the revenue estate of village Mewla Maharajpur, including the land of the land-owners/respondents, was acquired by the Government of Haryana, for a public purpose, namely, development and utilization of land as residential, commercial and institutional for Sectors 44 and 47 at Faridabad 2 R.F.A. No. 1623 of 2009 under the Haryana Urban Development Act, 1977. Notifications dated 2.3.1993 and 25.3.1994, under Sections 4 and 6, respectively, of the Land Acquisition Act, 1894 (for short “the Act”) were issued in this behalf. The Land Acquisition Collector gave his award, assessing the market value of the acquired land at the rate of Rs. 1,96,800/- per acre, besides allowing statutory benefits available under the Act. The land-owners being not satisfied with the amount of compensation sought reference under the provisions of the Act. The Reference Court, i.e. Additional District Judge, Faridabad, by award 28.4.2008, determined the market value of the acquired land at the rate of Rs. 238/- per square yard as on the date of publication of notification under Section 4 of the Act. The landowners were also held entitled to statutory benefits under sections 23(1-A), 23(2) and 28 of the Act. This is how the instant appeal has been preferred. At the very outset learned Advocate General, Haryana conceded that the market value of the acquired land involved herein has already been settled by this Court while rendering judgment in Regular First Appeal No. 4438 of 2008, titled as (State of Haryana and another Vs. Sailak Ram and others) on 1.9.2009 whereby many other appeals preferred by both the sides had been disposed of. After hearing learned counsel appearing for the appellant and perusing the record, this Court is of the opinion that the appeal in hand is covered by the decision rendered on 1.9.2009 in Regular First Appeal No. 4438 of 2008 and deserves to be disposed of in 3 R.F.A. No. 1623 of 2009 terms thereof. By means of the judgment in the said appeal, the appeals preferred by the State of Haryana seeking reduction in the amount of compensation were dismissed and those preferred by the landowners were partly allowed, inasmuch as the amount of compensation in respect of the acquired land of the landowners therein was enhanced from Rs. 238/- to Rs. 280/- per square yard, with no change in the matter of granting other statutory benefits available under the Act. In view of the above backdrop, the present appeal is dismissed. For reasons, see detailed order passed in Regular First Appeal No. 4438 of 2008 (State of Haryana and another Vs. Sailak Ram and others) decided on 1.9.2009. (AJAY KUMAR MITTAL) November 4, 2009 JUDGE *RKMALIK* 4 R.F.A. No. 1623 of 2009