R.F.A. No. 725 of 1993 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 725 of 1993 Date of decision: 6th January, 2009 Dayal Singh (deceased) through LRs .. Appellants v. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: None for the appellants. Mr. Lokesh Sinhal, Additional Advocate General, Haryana for the State. Rajesh Bindal J. The land owners are 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 enhancement 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. 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 construction was produced by the land owner claiming the same at Rs. 25,856/-, R.F.A. No. 725 of 1993 [ 2] 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. Prima facie, in my view, appropriate compensation has been assessed for super structure as well. As the counsel for the appellant is not available to assist the Court, I deem it appropriate to dismiss the appeal in default. Ordered accordingly. (Rajesh Bindal) Judge 6.1.2009 mk