RFA No. 1696 of 1990 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 1696 of 1990 (O&M) Date of decision : 23.12.2010 State of Haryana ...Appellant vs Tara Chand and another ...Respondents Coram : Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana. Mr. R. A. Yadav, Advocate, for the landowners. Rajesh Bindal, J. This order shall dispose of appeal bearing RFA No. 1696, 1697 of 1990, 1494, 1771, 2699, 2906, 2907, 3092, 3093, 3673 and 3789 of 1992, and 682 of 1993 , arising out of same acquisition. State of Haryana has filed the appeals against the impugned award seeking reduction of the compensation awarded to the landowners for the superstructure and the acquired land, wherea the landowners have filed appeal seeking enhancement of compensation for the acquired land. Briefly, the facts of the case are that the State of Haryana vide notification dated 13.11.1981 published on 16.11.1981 issued under Section 4 of the Act, acquired the land situated in revenue estate of villages Dundahera, Daulatpur Nasirabad (Carterpuri), Hadbast No. 63 and Molahera, Hadbast No. 65, Tehsil and District Gurgaon, for the development and utilisation of land as residential-cum-commercial area for Sectors 21, 22, 23 and 23-A Gurgaon. The Land Acquisition Collector assessed the market value of the acquired land of different villages at different rates. Dissatisfied with the award of the Collector, the landowners filed objections. Learned court below, on reference under Section 18 of the Act, enhanced the compensation vide different awards ranging from ` 24.25 per square yard to ` 54.60 per square yard. The learned court below also enhanced the compensation payable to the landowners for the land the superstructures. Now both the parties have challenged the awards of the learned court below by filing the present set of appeals. Learned counsel for the landowners submitted that the issue regarding determination of market value of the acquired land in the present set of appeals is squarely covered by judgment of this court in RFA No. 50 of 1996- Umrao Singh and others vs The Haryana State and another, decided on 19.5.2000, whereby the market value of the land acquired vide same notification was assessed @ ` 59,290/- per acre. RFA No. 1696 of 1990 (2) Learned Counsel for the State submitted that learned Court below has not given any reasoning while determining the amount of compensation payable to the landowners for their superstructures. As regards the determination of market value of the acquired land is concerned, he did not dispute the claim made by the learned counsel for the land owners. Heard learned counsel for the parties and perused the relevant referred record. As regards the issue of determination of market value of the acquired land is concerned, the same is squarely covered by judgment of this court in RFA No. 50 of 1996- Umrao Singh and others vs The Haryana State and another, decided on 19.5.2000, whereby the market value of the acquired land was assessed @ ` 59,290/- per acre. Accordingly, for the reasons recorded in the aforesaid judgment, the landowners in the present set of appeals are also held entitled to compensation @ ` 59,290/- per acre. They shall also be entitled to all statutory benefits available under the Act. The award of the learned court below is modified to the extent mentioned above. As far as the valuation of superstructures is concerned, it is always that some rough estimate is made by applying a thumb rule and assessment in such type of cases cannot be made with mathematical exactitude. The claimants always make exorbitant claims for their superstructure, whereas the State functionaries estimate the value thereof at its lowest price. In the present set of appeals, the compensation granted by the learned court below for superstructures, in my view, is not required to be interfered with. Accordingly, the same is upheld. The appeals stand disposed of in the above terms. 23.12.2010 (Rajesh Bindal) vs. Judge