R.F.A. No. 1048 of 1993 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 28.9.2010 1. R.F.A. No. 1048 of 1993 (O&M) Faquir Chand .... Appellant vs The Sub Divisional Officer (Civil), Kharar and another .... Respondent 2. R.F.A. No. 1124 of 1993 (O&M) The Sub Divisional Officer (Civil), Kharar and another .... Appellant vs Faquir Chand .... Respondent Coram : Hon'ble Mr. Justice Rajesh Bindal Present:- Mrs. Ekta Thakur, Advocate, for the landowner. Mr. Yatinder Sharma, Deputy Advocate General, Punjab. RAJESH BINDAL, J This order will dispose of aforesaid appeals as common questions of law and facts are involved. The landowner has filed appeal seeking enhancement of compensation for the acquired land and the trees existing thereon, whereas by filing appeal the State of Punjab is seeking reduction of compensation for the acquired land. Briefly the facts are that vide notification dated 7.9.1984 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') the State of Punjab acquired land measuring 2 kanals and 15½ marlas situated within the revenue estate of Kurali, District Ropar, for the site of monthly cattle fair. The Land Acquisition Collector (for short, 'the Collector') assessed the market value of acquired land as under:- Sr. No. Kind of land Market value of the land 1 Chahi ` 47,762/- 2 Barani ` 36,430/- 3 Bagh barani ` 37,938/- 4 Gair Mumkin ` 3,045/- 5 Makhloot ` 7,968/- Dissatisfied with the award of the Collector, the landowner filed objections. On reference, the learned court below vide award dated 17.12.1992, R.F.A. No. 1048 of 1993 -2- determined the market value of the acquired land @ ` 4,90,000/- per acre but rejected his claim regarding trees. Aggrieved against the award of learned Court below, the landowner as well as the State are before this Court. As regards the determination of market value of the acquired land is concerned, learned counsel for the parties fairly submitted that award of the court below determining the market value of the acquired land @ ` 4,90,000/- per acre was upheld by this court in RFA No. 3232 of 1992 The State of Punjab vs Gurjas Pal Singh decided on 26.4.2006. Hence, no case for interference is made out. In so far as the determination of compensation with regard to trees standing on the acquired land is concerned, the court below has rightly rejected the claim of the landowner. The acquired land belonging to him was just 2 kanals and 15½ marlas. It was claimed that besides a house, two tubewells and a hand pump, there were 70 grafted mango trees, 180 guava trees, 20 lemon trees, 50 papaya trees, 25 Anar trees, 5 kachnar trees, 2 kattar trees, 5 jamun trees, 4 grapes vines, 1 shehtoot, 10 eucalyptus trees and 1 gulmohar were standing on the acquired land which is not possible at all. In view of the above, the appeals filed by the landowner as well as by the State are dismissed. 28.9.2010. (Rajesh Bindal) vs. Judge