RFA No. 2207 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 2207 of 1990 Date of decision: 21.10.2009 Ram Murti and others ....Appellants Versus The Union of India ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. H.S. Gill, Sr. Advocate, with Mr. Vivek Goyal, Advocate, for the appellants. ***** VINOD K. SHARMA, J (ORAL) This order shall dispose of RFA No. 2207 of 1990 titled Ram Murti and others and RFA No. 2208 of 1990 titled Shanti Devi and others Vs. The Union of India, as common questions of law and fact are involved. For brevity sake, facts are being taken from RFA No. 2207 of 1990. The appellants have challenged the award dated 12.5.1990 passed by the learned District Judge, Chandigarh, on a reference under Section 28-A of the Land Acquisition Act. By way of notification dated 30.3.1976 issued under Section 4 of the Land Acquisition Act, area measuring 54.37 acres situated in village Mani Majra was sought to be acquired for public purposes i.e. for development of Motor Market Complex by the Notified Area RFA No. 2207 of 1990 -2- Committee, Mani Majra. The learned Land Acquisition Collector gave his award on 2.3.1978. The land owners being dissatisfied with the award sought reference under Section 18 of the Land Acquisition Act. The reference was accepted and the learned District Judged enhanced the compensation at flat rate of Rs.33,600/- per acre vide award dated 10.4.1980. The land owners preferred an appeal in this Court for further enhancement. The appeal was accepted and the compensation was enhanced to Rs.2,045/- per marla in respect of the land falling within the depth of 140 feet from the road i.e. Mani Majra, Panchkula and Mani Majra Mansa Devi temple road and Rs.75,000/- for remaining acquired land. The appellants thereafter moved an application under Section 28-A of the Land Acquisition Act for redetermination of the amount of compensation on the basis of the judgment passed by learned District Judge, Chandigarh on 5.12.1985 in the case of Jagdev Singh Harbishan Singh. The application was accepted and Jagdev Singh etc. were also awarded compensation for the land on the market value assessed by the Court along with 30% solatium and 12% additional market value of the land from the date of notification to the date of award or possession, whichever is earlier. They were, however, not allowed interest @ 9% for one year and 15% from the date of possession to the date of payment, as they had not made any application under Section 18 of the Land Acquisition Act within the prescribed period. The appellants also sought RFA No. 2207 of 1990 -3- the similar treatment as that given to Jagdev Singh etc. The petition was opposed on the plea, that the appellants had already been given benefit as given to Jagdev Singh etc., and they are not entitled to any further enhancement. The appellants were granted relief of interest while disposing of the reference. It is not disputed by the learned counsel for the appellants, that the appeal filed by Jagdev Singh and others i.e. RFA No. 718 of 1986 stands dismissed by this Court on 11.2.2008. The claim of the appellants was to be treated at par with Jagdev Singh etc. In view of the dismissal of the appeal filed by Jagdev Singh etc., I find no merit in this appeal also. Dismissed. No costs. (Vinod K. Sharma) Judge October 21, 2009 R.S.