R. F. A. No. 1245 of 1984 1 In the High Court of Punjab & Haryana at Chandigarh Date of decision : 22.9.2008 1. R. F. A. No. 1245 of 1984 (O&M) Charan Singh and others ..... Appellants vs State of Haryana ... Respondent 2. R. F. A. No. 1246 of 1984 (O&M) Balbir Singh and others ..... Appellants vs State of Haryana ... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Chater Bhuj Goel, Advocate, for the appellants. Mr. K. S. Godara, Deputy Advocate General, Haryana. Rajesh Bindal J. This order will dispose of two Regular First Appeals No. 1245 and 1246 of 1984, arising out of same acquisition. However, the facts have been extracted from R. F. A. No. 1245 of 1984. The claimants/landowners are in appeal against the award of learned Additional District Judge, Gurgaon, passed in acquisition proceedings where they were dissatisfied with the compensation determined. Briefly the facts are that the land measuring 1453 kanals 11 marlas situated within the revenue estate of Village Dundahera, Tehsil and District Gurgaon, was acquired by the State by issuing notification under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') on 26.5.1976. The Land Acquisition Collector announced the award on 25.8.1976, determining the value of the land as under :- Block- A (Irrespective of the kind of land) Rs. 21,840/- per acre Block-B Chahi (including gairmumkin tubewell and makan Rs. 20,000/- per acre Magda (including gair mumkin rasta Rs. 15,440/- per acre Banjar Qadim Rs. 7,720/- per acre Gair mumkin Nala/ Johar/ Shamshan Bhumi Rs. 5,800/- per acre In reference under Section 18 of the Act, the learned court below determined the compensation @ of Rs. 40,000/- per acre. Seeking further enhancement, learned counsel for the appellants relied upon judgment of Hon'ble the Supreme Court in Civil Appeal No. 6089 of 1983 decided on 1.8.1993 R. F. A. No. 1245 of 1984 2 determining the compensation of the land acquired in Village Dundahera vide Notification dated 31.8.1974 at Rs. 17.50 paise per square yard and further in RFA No. 818 of 1986 titled – Gulzari and others vs State of Haryana, decided on 24.11.1988 determining the compensation at Rs. 52.50 per sq. yard for the land acquired on 6.7.1981. Learned counsel for the appellants has not pointed out as to whether any appeal arising out of acquisition of land vide same notification is pending or decided by this court. He has referred to the judgments pertaining to earlier and later notifications of the same village. Learned counsel for the State also did not furnish any information regarding the status of other appeals arising out of the same acquisition in which large chunk of land measuring 1453 kanals 11 marlas was acquired. Heard learned counsel for the parties and perused the record. The issue regarding determination of fair value of the acquired land vide notification dated 26.5.1976 as is involved in the present case has already been considered by Hon'ble the Supreme Court in Gokal vs State of Haryana 1992 (1) Recent Revenue Reports 330, and held as under:- “All these appeals arise out of acquisition of certain lands in the Village Dundahera adjoining Delhi-Gurgaon Road. It is not necessary to set out the facts or figures in great detail because it is common ground that compensation payable in respect of lands in the same village which were acquired on 31.10.1974 came up for consideration of this Court in Paltoo Singh v. State of Haryana, (Civil Appeals 1251- 1252/82) which were disposed of by this Court on 1st April, 1982. This Court, after considering all the facts and circumstances and the details given in the High Court judgments as well as in the judgments of the lower courts came to the conclusion that a compensation of Rs. 17.50 per sq. yard would be quite reasonable. Though there are large number of appeals before us it is common ground that there are four dates of acquisition on which these lands have been acquired. The relevant dates of the Section 4 notifications are 20th March, 1975, 26th May, 1976, 3rd September, 1976 and 6th January 1978. The only question, therefore, that arises before us is regarding the adjustment that should be made for the difference in these dates of acquisition from the date considered in the earlier order of this Court. R. F. A. No. 1245 of 1984 3 We have heard elaborate arguments of counsel and the suggestions made by them as to the quantum of increase that should be given in regard to the compensation. After considering all these arguments and having heard to the fact that there must have been a rise in market prices between 1974 and 1978, we think it is fair and reasonable to fix the following figures of compensation:- ----------------------------------------------------------------------- Date of section 4 Rate per sq. yard Notification/ Date of Acquisition 20.3.1975 20 rupees 26.5.1976 25 rupees 3.9.1976 26 rupees 6.1.1978 30 rupees ” Accordingly, the landowners in the present appeals are also held entitled to compensation @ of Rs. 25/- per square yard as was granted in Gokal's case (supra). The appellants shall also be entitled to all statutory benefits available under the Act. The appeals are disposed of in the above terms. 22.9.2008 ( Rajesh Bindal) vs. Judge