R. F. A No. 101 of 1989 1 In the High Court of Punjab & Haryana at Chandigarh Date of decision : 17.9.2008 1. R. F. A No. 101 of 1989 (O&M) Bakhshish Singh (deceased) through LRs. ..... Appellant vs Union of India ... Respondent 2. R. F. A No. 102 of 1989 (O&M) Bakhshish Singh (deceased) through LRs. ..... Appellant vs Union of India ... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. V. K. Kataria, Advocate, for the appellant. Mr. S. K. Sharma, Advocate, for the respondent. Rajesh Bindal J. This order shall dispose of Regular First Appeal Nos. 101 and 102 of 1989, filed by the appellant/landowner for further enhancement of compensation, as the same arise out of the same acquisition. However, the facts have been extracted from R. F. A. No. 101 of 1989. Briefly, the facts are that vide notification dated 9.10.1974, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Punjab on behalf of Union of India acquired the land situated in the revenue estate of Bathinda, for public purpose namely for establishment of Military Cantonment. The Land Acquisition Collector vide his award dated 11.6.1975 assessed the market value of the land in two blocks which is as under:- 1 st Block (i) Nehri Chahi, Chahi Nehri. Rs. 14,000/- per acre (ii) Barani Rs. 9,000/- per acre (iii) Banjar (Gair Mumkin) Rs. 4,500/- per acre Area under houses and wells Rs. 14,000/- per acre Remaining land Rs. 4,500/- per acre (iv) Chahi master Rs. 10,800/- per acre R. F. A No. 101 of 1989 2 IInd Block (i) Nehri chahi Rs. 11,200/- per acre Chahi nehri (ii) Barani Rs. 7,200/- per acre (iii) House and wells Rs. 11,200/- per acre (Gair-mumkin) Remaining land Rs. 3,000/- per acre Dissatisfied with the award of the Land Acquisition Collector, the appellant/landowner filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 31.7.1979, determined the market value of the acquired land at the following rates:- (i) For special belt of 40 karams Rs. 20,000/- per acre (ii) Nehri chahi/ chahi nehri Rs. 17,500/- per acre of blocks I and II. (iii) Chahi Master Rs. 13,500/- per acre (iv) Barani Rs. 11,250/- per acre (v) Banjar Rs. 5,625/- per acre (vi) Land under houses and wells Rs. 17,500/- per acre (vii) Land of other categories Rs. 5,625/- per acre treated as Banjar. It is this award dated 31.7.1979, which is under challenge before this court in the present appeals. Learned counsel for the appellant submitted that award dated 31.7.1979 passed in the same acquisition was challenged before this court by some of the landowners by filing R. F. A. No. 1721 of 1980 titled as Kartar Singh and others vs Union of India. This appeal was disposed of vide order dated 10.11.1981, and the compensation was enhanced at the following rates:- (i) Upto the depth of 500 meters Rs. 15/- per square yard along the municipal limits. Rs. 72,600/- per acre (ii) For rest of the land Rs. 25,000/- per acre. Aggrieved against the order dated 10.11.1981, the claimants filed L. P. A. No. 279 of 1982 Kartar Singh and others vs Union of India, which was disposed of by a Division Bench of this court vide order dated 8.12.1982 and further enhanced the compensation which is as under:- (i) For land upto the depth of 500 meters Rs. 15/- per sq. yard R. F. A No. 101 of 1989 3 along with municipal limits. (ii) for rest of the acquired land Rs. 8/- per sq. yard Learned counsel for the appellant submitted that the claim made by the appellant in the present appeals is squarely covered by the Division Bench judgment of this court in Kartar Singh's case (supra). Learned counsel for the respondent did not dispute this fact. For the detailed reasons recorded in Kartar Singh's case (supra), the present appeals are allowed in the same terms. 17.9.2008 ( Rajesh Bindal) vs. Judge