R.F.A. No. 2474 of 1991 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 17.11.2008 (1) R.F.A. No. 2474 of 1991 Haryana State .. Appellant v. Daya Ram and others .. Respondents (2) R.F.A. No. 2475 of 1991 Haryana State .. Appellant v. Kacheru and others .. Respondents (3) R.F.A. No. 2476 of 1991 Haryana State .. Appellant v. Bhagmal and others .. Respondents (4) R.F.A. No. 2477 of 1991 Haryana State .. Appellant v. Ram Chand .. Respondent (5) R.F.A. No. 2478 of 1991 Haryana State .. Appellant v. Dungar (deceased) through LRs .. Respondents (6) R.F.A. No. 2479 of 1991 Haryana State .. Appellant v. Ram Kishan and others .. Respondents (7) R.F.A. No. 2480 of 1991 Haryana State .. Appellant v. Khacheru and others .. Respondents R.F.A. No. 2474 of 1991 [2] (8) R.F.A. No. 2481 of 1991 Haryana State .. Appellant v. Partap and others .. Respondents (9) R.F.A. No. 2482 of 1991 Haryana State .. Appellant v. Dharam Pal and others .. Respondents (10) R.F.A. No. 2483 of 1991 Haryana State .. Appellant v. Richhpal (deceased) through LRs and others .. Respondents (11) R.F.A. No. 2484 of 1991 Haryana State .. Appellant v. Chet Ram and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Lokesh Sinhal, Additional Advocate General, Haryana for the State. Mr. Amit Jain, Advocate for the respondents. Rajesh Bindal J. This order will dispose of a bunch of 11 appeals, as the same arise out of a common acquisition. The State is in appeal against the award of the learned court below seeking reduction of the amount of compensation awarded to the land owners. The facts have been noticed from R.F.A. No. 2474 of 1991. Briefly, the facts are that vide notification dated 22.1.1985, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), State of Haryana acquired land measuring 7.86 acres, situated in the revenue estate of village Bhondsi, for construction of road from Rithoj to Dhumaspur via Naya Gaon. The same was followed by notification dated 3.1.1986, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') vide his R.F.A. No. 2474 of 1991 [3] award dated 5.2.1987, determined the market value of land at Rs. 25,120/- per acre for chahi land; Rs. 15,040/- per acre for Bhood land; Rs. 10,080/- per acre for Namjar land and Rs. 6,080/- per acre for gair mumkin kind of land. However, the Additional District Judge, on reference under Section 18 of the Act, determined the market value at Rs. 50,000/- per acre for chahi land; Rs. 30,000/- per acre for Bhood land; Rs. 20,000/- per acre for Banjar land and Rs. 12,000/- per acre for Gair Mumkin land. Learned counsel for the State submitted that the learned court below has not considered the evidence led by it on record for the purpose of determination of fair value of the acquired land and has merely relied upon its earlier award, though the same was pertaining to the same acquisition. Once independent evidence was led in the present case, the court should have considered the same and arrived at its independent conclusion. On the other hand, learned counsel for the land owners submitted that the learned court below has not committed any illegality in relying upon its earlier award pertaining to the same acquisition. Once it has not been disputed that as to whether any appeal was filed against award (Ex. P1), relied upon by the learned court below and the status thereof, the award in the present case cannot be interfered with as all the land owners, whose land was acquired vide same notification, should be paid the same amount of compensation. Heard learned counsel for the parties and perused the record. It is evident from a perusal of the impugned award that all what had been relied upon by the learned court below was its earlier award (Ex. P1) passed in LAC No. 56 of 1990, decided on 5.12.1990, which was pertaining to the acquisition by the same notification and for the same purpose. The fact as to whether award (Ex. P1) was accepted by the State or any appeal was filed against the same has not been pointed out. While considering the evidence produced on record by the parties, the learned court below in award (Ex. P1) had assessed the fair value of the acquired land at Rs. 50,000/- per acre for chahi land; Rs. 30,000/- per acre for Bhood land; Rs. 20,000/- per acre for Banjar land and Rs. 12,000/- per acre for Gair Mumkin land. Once the reliance by the learned court below is on the earlier award pertaining to the same acquisition and the same having been accepted by the State, I do not find any reason to interfere in the impugned award as well. Accordingly, the appeals are dismissed. (Rajesh Bindal) Judge 17.11.2008 mk