IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 8413-CI of 2009 IN RFA No. 153 of 2006 Date of Decision: 13.7.2009 Sube Singh and another ....Appellants. Versus State of Haryana ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. S.P. Khatri, Advocate for the appellants. Mr. Ashish Sharma, DAG, Haryana for the respondent. AJAY KUMAR MITTAL, J. This is an application under Section 151 of the Code of Civil Procedure for deciding the appeal in terms of the decision of this Court in RFA No. 431 of 2000 titled as “State of Haryana and others v. Jaipal and others” decided on 1.12.2008, being covered by it. The landowners have approached this Court by way of instant regular first appeal for enhancement of the amount of compensation awarded by the reference court. Respondent-State of Haryana vide notifications dated 17.5.1990 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) and dated 16.5.1991 under Section 6 of the Act had acquired 154.86 acres of land situated within the revenue estate of village Fazilpur, Hadbast No. 81, Tehsil and District Sonepat, for the public purpose, namely, development and C.M. No. 8413-CI of 2009 IN RFA No. 153 of 2006 -2- utilization of land as residential and commercial area in Sector-12, Sonepat. Some of the landowners of the acquired land, other than the appellants approached the reference court who awarded compensation at the rate of Rs.120/- per square yard for the acquired land except for the land measuring 26.86 acres, comprised in rectangle Nos. 9, 10, 15, 16, 17, 18 and 19 which was assessed at Rs.100/- per square yard. Besides the aforesaid compensation, the landowner-claimants therein were held entitled to solatium at the rate of 30% in accordance with the provisions of Section 23 (2) of the Act and additional amount at the rate of 12% per annum as per Section 23 (1-A) of the Act. The present landowners had not filed any reference under Section 18 of the Act. However, they filed an application under Section 28A of the Act on 20.9.1999 before the Land Acquisition Collector for re-determination of the compensation of their acquired land on the basis of award dated 2.6.1999 by the reference court. The said application was dismissed on 23.1.2002. The appellants then claimed reference under Section 28A (3) of the Act. Dissatisfied with the amount of compensation awarded by the reference court, the claimants have filed the instant appeal for enhancement of the compensation. Earlier, the other claimants had approached this Court by way of RFA No. 431 of 2000 which was finally decided by this Court on 1.12.2008, holding that the landowners whose land is situated on Sonepat-Bahalgarh road upto a depth of 100 meters therefrom shall be entitled to compensation @ Rs.160/- per square yard, whereas the land owners whose land is situated behind that would be entitled to compensation @ Rs.135/- per square yard. The land owners shall also C.M. No. 8413-CI of 2009 IN RFA No. 153 of 2006 -3- be entitled to all the statutory benefits as are available under the Act. Learned counsel for the applicant-appellants has submitted that the present case is fully covered by the aforesaid decision. Notice of this application was issued to the respondent. Learned State counsel does not dispute the same and fairly concedes that the present appeal may be disposed of in terms of the decision dated 1.12.2008 rendered by this Court in RFA No. 431 of 2000. In view of the above, the present appeal is disposed of in terms of the judgment dated 1.12.2008 passed in RFA No. 431 of 2000. July 13, 2009 (AJAY KUMAR MITTAL) gbs JUDGE