R.F.A. No. 428 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.F.A. No. 428 of 2009 (O&M) Date of Decision : 21.10.2009 Avtar Singh & others .......... Appellants Versus Union Territory, Chandigarh ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. P.C. Dhiman, Advocate for the appellants. Ms. Jaishree Thakur, Advocate for the respondent. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 881-CI of 2009 Allowed. The applicant / appellants are exempted from filing the certified copy of the main award dated 8.5.2008. C.M. No. 882-CI of 2009 C.M. is allowed. The legal representatives of Ajit Singh are permitted to file this appeal. C.M. No. 883-CI of 2009 For the reasons stated, the delay of 106 days in filing the appeal is condoned. R.F.A. No. 428 of 2009 2 R.F.A. No. 428 of 2009 This judgment shall dispose of 3 appeals i.e. RFA No. 428, 429 & 430 of 2009 titled Avtar Singh & others Versus Union Territory, Chandigarh, Shiv Kumar Versus Union Territory, Chandigarh and Avtar Singh Versus Union Territory, Chandigarh, filed by the claimants, which have arisen out of a common award passed by the learned Additional District Judge, Chandigarh. For brevity sake facts are being taken from RFA No. 428 of 2009. This regular first appeal is directed against the award passed by the learned Addl. District Judge,Chandigarh on a reference made under Section 18 of the Land Acquisition Act for enhancement of compensation for super structures existing in the acquired land of the appellants. The Chandigarh Administration issued notification under Section 4 of the Land Acquisition Act, 1894 on 2.3.2001 showing its intention to acquire 11 Kanals 18 Marlas of land situated in H. B. No. 261, in village Jhumru and 30 Kanals 7 Marlas of land situated in H. B. No. 222 in village Burail UT, Chandigarh for public purpose i.e. for the construction of Chandigarh – Ludhiana Broad Gauge Railways Line. Notification under Section 6 of the Act was issued on 5.3.2001 and award was passed by the Land Acquisition Collector on 28.2.2002. In the present appeal we are not concerned with the compensation awarded for the land as the reference in this case was for enhancement of compensation for the super structure. R.F.A. No. 428 of 2009 3 The learned reference Court granted compensation for super structure at the rate as assessed by the PWD Authorities along with increase of 15% thereon. The appellants aggrieved by the said award have filed the present appeal. It is not disputed that similar award passed by the learned Land Acquisition Collector vide which compensation for the super structure at full value along with increase of 15% thereon stands upheld in RFA No. 663 of 2004 titled Union Territory, Chandigarh Vs. Sajjan Singh decided on 2.8.2006. The case of the appellants is squarely covered by the decision of this Court, in the case of Union Territory, Chandigarh Vs. Sajjan Singh ( supra ). Therefore, the appeals are dismissed, being without merit, but with no order as to costs. 21.10.2009 ( VINOD K. SHARMA ) 'sp' JUDGE