RFA No.1297 of 1992 1 In the Punjab and Haryana High Court,at Chandigarh. RFA No. 1297 of 1992 Decided on November 14,2008. State of Punjab -- Appellant vs. Shamsher Singh --Resapondent Present: Mr.N.S.Pawar,Addl.A.G.Punjab, for the appellant (s) None for the respondent(s). Rakesh Kumar Jain,J: This order shall dispose of 9 appeals i.e.R.F.A. Nos. 1297,1298,1299,1300,1301,1302,1303 ,1304 and 1305 of 1992 filed by the State of Punjab, as common questions of law and facts are involved therein. Land measuring 8.66 acres in the revenue estate of village Chak Mirpur Hadbast No. 379, Tehsil Dasuya, District Hoshiarpur, was proposed to be acquired with the issuance of notification under Section 4 of the Land Acquisition Act,1894 (for short,'the Act') dated 25.9.1981 published on 28.9.1981 followed by a notification of declaration issued under Section 6 of the Act, dated 28.10.1981 and published on 29.10.1981 at public expense for public purpose, namely, for constructing Chingarwan Minor from Head of Mukerian Hydel Channel RD 4600 Mis in District Hoshiarpur off taking at RD 3245 of R/S Mukerian Hydel Channel. RFA No.1297 of 1992 2 The Land Acquisition Collector Dholbaha Dam Construction Circle,Hoshiarpur, classified the land into three categories, namely, Nehri 10 kanals 15 marlas, Barani 49 kanals 18 marlas and Gair Mumkin 4 kanals 18 marlas. However, the compensation was awarded @ Rs.6285/- per acre for Nehri land,Rs.6285/- per acre for Barani land and Rs. 3000/- per acre for Gair Mumkin land by the Land Acquisition Collector vide his award No.32 dated 17.3.1983. The landowners feeling aggrieved against the award of the Collector filed objections under Section 18 of the Act in which it was claimed that market value of the acquired land was not less than Rs.1000/- per marla. In reply, the State of Punjab denied the averments made in the claim petitions and asserted that fair and adequate compensation has already been awarded by the Collector. Both the parties led their respective evidence. The learned Reference Court after appreciating the evidence available on record, re- determined the compensation to the tune of Rs.15000/-per acre for Chahi/Barani/Nehri land, Rs.6000/- per acre for Gair Mumkin land and Rs.4000/- per acre for Banjar Qadim land besides awarding of statutory benefits in terms of the provisions of the amended Act. Mr. N.S.Pawar, learned Addl.A.G.Punjab, appearing for the appellants has argued that the sale deed Ex. R-2 dated 20.2.1981 pertaining to the same village vide which 42 kanals 18 marlas sold for Rs.7500/- has been illegally ignored by the Reference Court. It is contended by the learned counsel that the value of the sale transaction Ex.R-2 comes to Rs. 1400/- per acre. I am afraid that this argument of the learned counsel for the appellants cannot be accepted in view of the fact that the Collector himself RFA No.1297 of 1992 3 has awarded Rs.6285/- per acre for the acquired land which is more than four times of the price mentioned in the sale deed. It is settled law that the learned Reference Court cannot award the amount less than the award of the Collector in view of Section 25 of the Act. No other point has been raised before me by the learned counsel for the appellants. In this view of the matter, I do not find any merits in the appeals filed by the State of Punjab. No one has put in appearance on behalf of the claimants/landowners. In view of the above, the present appeals are dismissed without any order as to costs. November 14,2008 (Rakesh Kumar Jain) RR Judge