1 R.F.A. No. 3426 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH --- Regular First Appeal No. 3426 of 2009 (O&M) Date of decision: 3.9.2009 State of Haryana and another --- Appellants Versus Khem Chandi 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 appellants. None for the respondent-land owners. ---- AJAY KUMAR MITTAL, J. This order will dispose of 28 Regular First Appeals, i.e. R.F.A. Nos. 3426, 3427 and 3432 to 3456 filed by the State of Haryana and RFA No. 1526 of 2009 filed by the land-owner as they relate to the same acquisition and arise from the common award. The plea of the State of Haryana is that the amount of compensation awarded by the Reference Court being highly excessive and un-reasonable deserves to be reduced, whereas the landowner has sought enhancement in the amount of compensation awarded in respect of his land. In order to see how these appeals have come up before this Court, it is necessary to notice a little background here. Land 2 R.F.A. No. 3426 of 2009 measuring 486.61 acres situated within the revenue estate of village Mewla Maharajpur, including the land of the land-owners involved in these appeals, 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 under the Haryana Urban Development Act, 1977. Notifications dated 7.9.1992 and 2.9.1993, 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 on 8.2.1995 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 references under Section 18 of the Act, alleging that the Land Acquisition Collector had not determined the value of the acquired land as per the prevailing market rate and, in fact, the market value, at the time of issue of notification under Section 4 of the Act was not less than Rs. 2,000/- per square yard. The Reference Court, i.e. Additional District Judge, Faridabad, by award 16.10.2008 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 solatium at the rate of 30% of the aforesaid market value and an additional compensation at the rate of 12% per annum on the assessed market value from the date of publication of notification under Section 4 of the Act till the date of the award of the Land Acquisition Collector or taking over the possession of the land, 3 R.F.A. No. 3426 of 2009 whichever was earlier, as per the provisions of Section 23(1-A) of the Act. They were further held entitled to interest at the rate of 9% per annum on the amount of compensation for a period of one year from the date of taking over possession, and at the rate of 15% per annum from the date of expiry of such period of one year till the payment was made or deposited in terms of Section 28 of the Act. This is how the instant appeals have been preferred. In the ordinary course, this Court would have issued notice of these appeals to the respondents, but, this exercise is deliberately not resorted to for a good and sound reason as at the very outset learned Advocate General, Haryana conceded that the market value of the acquired land of some other landowners, covered under the same notifications as are in these appeals, had 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. In the situation aforesaid coupled with the statement made at the Bar by the learned Advocate General, Haryana and after hearing learned counsel appearing for the appellants and perusing the record, the appeals in hand deserve to be disposed of in view of the decision in Regular First Appeal No. 4438 of 2008. 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 4 R.F.A. No. 3426 of 2009 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, following the decision in Regular First Appeal No. 4438 of 2008 titled as (State of Haryana and another Vs. Sailak Ram and others) decided on 1.9.2009, the appeals preferred by the State of Haryana are dismissed. The appeal preferred by the landowner i.e. Regular First Appeal No. 1536 of 2009, is partly allowed and accordingly, the amount of compensation in respect of his acquired land is enhanced from Rs. 238/- to Rs. 280/- per square yard besides holding him entitled to the other statutory benefits under the Act. The award of the Reference Court, dated 3.10.2008, under appeal shall stand modified accordingly. There shall, however, be no order as to costs. (AJAY KUMAR MITTAL) September 3, 2009 JUDGE *RKMALIK*