RFA No.2666 of 1989 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA No.2666 of 1989 Date of Decision: 16.10.2008 **** Daya Ram ….. Claimant(s)/Appellant(s) Vs. State of Haryana …. Respondent(s) **** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.M.L. Sharma, Advocate for the claimant/appellant. Mr.H.S. Hooda, A.G. Haryana with Mr.Rajiv Kawatra, Sr.DAG, Haryana, for the respondent(s). **** RAKESH KUMAR JAIN, J. This order shall dispose of 23 appeals i.e. RFA Nos. 2666 to 2671 of 1989, RFA Nos. 1887 to 1902 of 1989 and RFA No. 1923 of 1989, as common questions of facts and law are involved therein. Tersely, the facts of the case are that land measuring 71 bighas 1 biswa (16-05 acres) in village Gobindpura was notified for acquisition under Section 4 of the Land Acquisition Act, 1894 (in short “the Act”) on 20.8.1980. The Land Acquisition Collector vide his award dated 12.2.1986 bearing No. 9 of 1985-86 assessed the market value of the acquired land at a uniform rate of Rs.72,600/- per acre. Dissatisfied with the award, the claimants filed objection RFA No.2666 of 1989 - 2 - under Section 18 of the Act which were referred to the Civil Court, where in the claim petitions compensation @ Rs.5 lac per acre was demanded. The claimants/appellants led both oral as well as documentary evidence, Kanwar Pal Singh, Architect was examined as PW-I, Jagdish Lal, Patwari Halqa was examined as PW 2 and D.P. Singh, Senior Draftsman was examined as PW 3, Om Pal as PW-4 and Banarasi Dass as PW- 5. The appellants also relied upon the copies of the sale deeds Ex. P-4, Ex.P-8 and Ex.P-7 which is tabulated as under : Sr.No. Exhibit Area Sold Date of Sale Sale consideration (in Rs.) Average rate per acre (in Rs.) 1. Ex. P-4 2B-2B 25.5.79 1,05,500/- 2,41,142/- 2. Ex. P-8 16 Biswas 26.3.80 25,000/- 1,50,000/- 3. Ex. P-7 11 Biswas 8.2.80 15,000/- 1,37,240/- The appellants further relied upon the decision of the High Court in RFA No. 2556 of 1987 titled as “Birinder Singh and others Vs. State of Haryana” decided on 6.4.1989 reported as 1990 LACC 308. The reference Court after considering the fact, that the land of village Garhi Mundo and village Gobindpura adjoins each other and lie between the twin cities of Jagadhri and Yamunanagar, assessed the compensation @ Rs.96,000/- per acre on the basis of the decision rendered by the High Court in RFA No. 2556 of 1987 titled as “Birinder Singh and others Vs. State of Haryana” (1990 LACC 308). RFA No.2666 of 1989 - 3 - Sh. M.L. Sharma, counsel for the appellant has very fairly conceded that decision in RFA No. 2556 of 1987 titled as “Birinder Singh and others Vs. State of Haryana” was challenged only by the claimants in Letters Patent Appeal which was dismissed by this Court and their Special Leave Petitions were dismissed by the Supreme Court. On the other hand, counsel for the respondent, Sh. H.S. Hooda, Advocate General, Haryana assisted by Mr.Rajiv Kawatra, Sr. DAG, Haryana submitted that there is a distance between the land of Gobindpura and Garhi Mundo, therefore, there is no scope of any further enhancement. After hearing the learned counsel for the parties, I have found that it has already come in the decision of Birinder Singh’s case (supra) that the land of Gobindpura and Garhi Mundo falls within the Municipal limits and adjoins each other but since the reference Court has determined the compensation on the basis of order passed by High Court in RFA No.2556 of 1987 in which there is no enhancement either in the Letters Patent Appeal or in the Special Leave Petition, I do not find any scope for further enhancement in present appeals. Therefore all appeals are hereby dismissed without any order as to costs. (RAKESH KUMAR JAIN) 16.10.2008 JUDGE vivek