RFA No. 2827 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 2827 of 2008 Date of Decision: 24.9.2009 Smt. Sanjivan Lata ....Appellant. Versus State of Haryana and another ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. D.K. Singal, Advocate for the appellant. Mr. Ashish Sharma, DAG, Haryana, for the respondents. AJAY KUMAR MITTAL, J. The landowner has approached this Court by way of instant regular first appeal for enhancement of the amount of compensation awarded by the reference court. The respondent-State of Haryana vide notifications dated 16.3.1999 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) and dated 15.3.2000 under Section 6 of the Act had acquired 482.17 acres of land situated within the revenue estate of village Saketri, Hadbast No.376, Tehsil and District Panchkula, for the public purpose, namely, development and utilization of residential, commercial, institutional, recreational and so on in Sectors 1, 2, 3, 5B, RFA No. 2827 of 2008 -2- 5C and 6 for Panchkula Extension (MDC) Mansa Devi Complex in the Urban Estate, Panchkula under the Haryana Urban Development Authority Act, 1977. The Land Acquisition Collector, Panchkula, vide its award dated 9.10.2003 assessed the market value of the acquired land at Rs.9,00,000/- per acre for Chahi-Abi-Barani land, Rs.4,70,000/- per acre of Banjer land and Rs.2,30,000/- per acre for Gair Mumkin land. Feeling aggrieved, the claimant sought a reference under Section 18 of the Act and the reference court vide its award dated 27.2.2007 had awarded compensation of the acquired land at the rate of Rs.418/- per square yard. Besides the aforesaid compensation, the landowner- claimant was held entitled to costs and all other statutory benefits including solatium, additional amount and interest in accordance with the provisions of the Act. Still feeling not satisfied, the claimant has filed the instant appeal for enhancement of the amount of compensation. Learned counsel for the parties are ad idem that against the same acquisition, some of the other claimants had also approached this Court for further enhancement of the compensation and the matter has already been remanded to the reference court vide order dated 25.2.2009 passed in RFA No.3008 of 2008 (Smt. Poonam v. State of Haryana and another) for fresh decision of the controversy by permitting the parties to lead even further evidence in support of their respective claims, in addition to what had already been led. The present appeal has been filed by the claimant for enhancement of the amount of compensation awarded by the reference court in respect of the land acquired under the same notifications. In view thereof, the award dated 27.2.2007 passed by the RFA No. 2827 of 2008 -3- reference court is set aside and the matter is remanded to the reference court for deciding the same afresh in terms of the order dated 25.2.2009 passed in RFA No.3008 of 2008 (Smt. Poonam v. State of Haryana and another) and other connected appeals. The parties through their counsel are directed to appear before the District Judge, Panchkula on 21.10.2009 for further proceedings. The District Judge, Panchkula may either keep the reference with himself or entrust the same to any other Additional District Judge of competent jurisdiction. The appeal is disposed of accordingly. September 24, 2009 (AJAY KUMAR MITTAL) gbs JUDGE