R. F. A No. 2219 of 1985 1 In the High Court of Punjab & Haryana at Chandigarh R. F. A No. 2219 of 1985 (O&M) Date of decision : 22.9.2008. Kundan Lal (died) through his L.Rs. ..... Appellant vs State of Haryana and others ... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Shailendra Jain, Advocate, for the appellants. Mr. Navneet Singh, Assistant Advocate General, Haryana. Rajesh Bindal J. The landowners are in appeal before this court against the award of the learned court below for further enhancement of the compensation of the acquired land. Briefly, the facts are that vide notification dated 15.11.1978 issued under Section 4 of the 1894 Act (for short, 'the Act'), State of Haryana, acquired 5 kanals 2 marlas of land for development and utilisation as residential, commercial and industrial area in the urban estate. The same was followed by notification under Section 6 of the Act. The Land Acquisition Collector vide his award dated 9.2.1982 determined the market value of the land at Rs. 10/- per square yard. However, the Additional District Judge, on reference under Section 18 of the Act, awarded Rs. 23/- per square yard as compensation for the acquired land. Learned counsel for the appellants submitted that prior to the acquisition of the land in question vide notification dated 15.11.1978, the entire land in the vicinity was acquired by the State vide notification dated 30.1.1973 and in proceedings for determination of the fair value of the land acquired vide notification dated 30.1.1973, this court in R. F. A. No. 253 of 1979 titled Ram Niwas vs State of Haryana, decided on 10.10.1980 determined the same at Rs. 42.50 paise per square yard. It is submitted that the entire area in the vicinity had already been acquired, hence, there was no question of any sale transaction in between these two notifications. Relying R. F. A No. 2219 of 1985 2 upon the judgment of Hon'ble the Supreme Court in State of Haryana vs Gurbax Singh (dead) by LRs & Anr. Etc. JT 2008 (6) SC 659, the prayer is for the determination of compensation by granting annual increase on the value of the land determined vide notification dated 30.1.1973, keeping in view the fact that the present notification was issued nearly 5 years and 9 months thereafter. Even learned counsel for the State also did not dispute the fact that there was no sale transaction in the area where the land was acquired. This was for the reason that entire land in the vicinity had been acquired and it was only this small chunk of land which remained pending because of certain litigation. The same were acquired later on vide separate notifications. Heard learned counsel for the parties and perused the record. For the purpose of fair value of the land in the present case discussion in detail is not required as for a similar acquisition at the same place carried out vide notification dated 22.12.1978 where the first acquisition was vide notification dated 30.1.1973 (as are the facts in the present case except that the date of subsequent notification is 15.11.1978), a Division Bench of this court in L. P. A. No. 239 of 1995 – Jagat Singh Jain (deceased) through LRs. and others vs Haryana State decided on 22.5.2006 directed that the landowners therein are entitled to annual increase @ of 12% on the fair value of the land determined at Rs. 42.50 paise per square yard, for the land acquired vide notification dated 30.1.1973, in Ram Niwas's case (supra). The value of the land acquired vide notification dated 22.12.1978 was determined at Rs. 80/- per square yard. Accordingly, for the reasons recorded in Jagat Singh Jain's case (supra), the appellants in the present case are held entitled to the compensation @ of Rs. 80/- per square yard. They shall also be entitled to all statutory benefits under the Act. The appeal is allowed in the above terms. 22.9.2008 ( Rajesh Bindal) vs. Judge