R.F.A. No. 3502 of 1992 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 3502 of 1992 Date of decision: 6th January, 2009 State of Haryana .. Appellant v. Dayal Singh .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Lokesh Sinhal, Additional Advocate General, Haryana for the State. None for the respondent. Rajesh Bindal J. The State is in appeal before this Court against award dated 5.9.1992 passed by learned Additional District Judge, Ambala, whereby the learned Court below awarded Rs. 70/- per square yard per acre as compensation for the acquired land and Rs. 16,748/- for the super structure. Prayer in the appeal is for reduction of the compensation. Briefly, the facts are that the land in question, situated in village Ferozepur Kalan, District Ambala was acquired vide notification dated 30.3.1982 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for development and utilisation of land as commercial area. It was followed by notification under Section 6 of the Act on 26.10.1982. The Land Acquisition Collector gave award of Rs. 20/- per square yard. Aggrieved against the same, the land owners filed objections which were referred to the learned Additional District Judge, who keeping in view the material placed on record by the parties, awarded Rs. 70/- per square yard for the acquired land and Rs. 16,748/- for the super structure. At the out-set, learned Additional Advocate General submitted that the issue involved in the present appeal is squarely covered by the judgment of this Court in R.F.A. No. 2859 of 1992 – Faquiria v. The State of Haryana, decided on 19.1.1996, whereby for the land acquired vide same notification, this Court had assessed the market value of the acquired land @ Rs. 70/- per square yard. It was further submitted that the learned court below has granted excessive amount of Rs. 16,748/- on account of acquisition of house. As far as award of the learned court below of Rs. 16,748/- on account of acquisition of super structure is concerned, assessment of the cost of R.F.A. No. 3502 of 1992 [2] construction was produced by the land owner claiming the same at Rs. 25,856/-, whereas the State assessed the same at Rs. 10,049/- after deducting depreciation of Rs. 6,697.25 on the basis of PWD Schedule of Rates, 1974. The acquisition in the present case was carried out vide notification dated 30.3.1982. Considering this material on record, the learned court below assessed the value of the acquired house at Rs. 16,748/-. Keeping in view the fact that the acquisition was made 26 years before and the amount granted is quite meager, I do not find any reason to interfere with the impugned award at this stage, as far as compensation for acquisition of house is concerned. Accordingly, the present appeal is dismissed. (Rajesh Bindal) Judge 6.1.2009 mk