R.F.A. No. 1312 of 1994 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 16.3.2009 (1) R.F.A. No. 1312 of 1994 (O&M) State Of Haryana and another ....Appellants Versus Smt. Phool Kaur and others ...Respondents (2) R.F.A. No. 356 of 1994 (O&M) Laxmi (deceased) through LRs ....Appellants Versus Haryana State ...Respondent (3) R.F.A. No. 430 of 1994 (O&M) Jain Parkash Jain and another ....Appellants Versus State of Haryana ...Respondent (4) R.F.A. No. 470 of 1994 (O&M) Sis Ram ....Appellant Versus State of Haryana ...Respondent (5) R.F.A. No. 471 of 1994 (O&M) Mukhtiar Singh ....Appellant Versus State of Haryana ...Respondent R.F.A. No. 1312 of 1994 [ 2] (6) R.F.A. No. 555 of 1994 (O&M) Ram Singh and others ....Appellants Versus Haryana State ...Respondent (7) R.F.A. No. 656 of 1994 (O&M) Nayadar ....Appellant Versus The State of Haryana and another ...Respondents (8) R.F.A. No. 1088 of 1994 (O&M) Neki Ram ....Appellant Versus State of Haryana ...Respondent (9) R.F.A. No. 1089 of 1994 (O&M) Chhatar (deceased) through LRs ....Appellant Versus State of Haryana ...Respondent (10) R.F.A. No.1090 of 1994 (O&M) Layak Ram and another ....Appellants Versus State of Haryana ...Respondent R.F.A. No. 1312 of 1994 [ 3] (11) R.F.A. No. 1091 of 1994 (O&M) Satbir ....Appellant Versus State of Haryana ...Respondent (12) R.F.A. No. 1092 of 1994 (O&M) Dharambir Singh ....Appellant Versus State of Haryana and others ...Respondents (13) R.F.A. No. 1096 of 1994 (O&M) Ram Singh and another ....Appellants Versus State of Haryana and another ...Respondents (14) R.F.A. No. 1125 of 1994 (O&M) Smt. Phool Wati and others ....Appellants Versus State of Haryana ...Respondent (15) R.F.A. No. 1130 of 1994 (O&M) Budh Ram and others ....Appellants Versus State of Haryana ...Respondent R.F.A. No. 1312 of 1994 [ 4] (16) R.F.A. No. 1307 of 1994 (O&M) State of Haryana and another ....Appellants Versus Ram Singh and another ...Respondents (17) R.F.A. No. 1308 of 1994 (O&M) State of Haryana and another ....Appellants Versus Ram Singh and others ...Respondents (18) R.F.A. No. 1309 of 1994 (O&M) State of Haryana and another ....Appellants Versus Laxmi ...Respondent (19) R.F.A. No. 1310 of 1994 (O&M) State of Haryana and another ....Appellants Versus Chhater (deceased) through LRs ...Respondents (20) R.F.A. No. 1311 of 1994 (O&M) State of Haryana and another ....Appellants Versus Sultan Singh ...Respondent R.F.A. No. 1312 of 1994 [ 5] (21) R.F.A. No. 1313 of 1994 (O&M) State of Haryana and another ....Appellants Versus Shri Sheo Ram ...Respondent (22) R.F.A. No. 1314 of 1994 (O&M) State of Haryana and another ....Appellants Versus Satbir ...Respondent (23) R.F.A. No. 1315 of 1994 (O&M) State of Haryana and another ....Appellants Versus Amar Singh (deceased) through LRs ...Respondents (24) R.F.A. No. 1316 of 1994 (O&M) State of Haryana and another ....Appellants Versus Mukhtiar Singh ...Respondent (25) R.F.A. No. 1317 of 1994 (O&M) State of Haryana and another ....Appellants Versus Nayadar ...Respondent R.F.A. No. 1312 of 1994 [ 6] (26) R.F.A. No. 1318 of 1994 (O&M) State of Haryana and another ....Appellants Versus Kure Ram ...Respondent (27) R.F.A. No. 1319 of 1994 (O&M) State of Haryana and another ....Appellants Versus Smt. Phoolwati and others ...Respondents (28) R.F.A. No. 1320 of 1994 (O&M) State of Haryana and another ....Appellants Versus Jain Parkash Jain and another ...Respondents (29) R.F.A. No. 1321 of 1994 (O&M) State of Haryana and another ....Appellants Versus Chhote ...Respondent (30) R.F.A. No. 1322 of 1994 (O&M) State of Haryana and another ....Appellants Versus Smt. Sharbati and others ...Respondents R.F.A. No. 1312 of 1994 [ 7] (31) R.F.A. No. 1323 of 1994 (O&M) State of Haryana and another ....Appellants Versus Sis Ram ...Respondent (32) R.F.A. No. 1324 of 1994 (O&M) State of Haryana and another ....Appellants Versus Neki ...Respondent (33) R.F.A. No. 1325 of 1994 (O&M) State of Haryana and another ....Appellants Versus Budh Ram and others ...Respondents (34) R.F.A. No. 1326 of 1994 (O&M) State of Haryana and another ....Appellants Versus Khazan Singh and others ...Respondents (35) R.F.A. No. 1327 of 1994 (O&M) State of Haryana and another ....Appellants Versus Layak Ram and another ...Respondents R.F.A. No. 1312 of 1994 [ 8] (36) R.F.A. No. 1359 of 1994 (O&M) Azad Singh ....Appellant Versus State of Haryana ...Respondent (37) R.F.A. No. 1365 of 1994 (O&M) Sultan Singh ....Appellant Versus State of Haryana ...Respondent (38) R.F.A. No. 1901 of 1994 (O&M) State of Haryana and another ....Appellants Versus Azad Singh ...Respondent (39) R.F.A. No. 1902 of 1994 (O&M) State of Haryana and another ....Appellants Versus Amar Singh (deceased) through LRs and another ...Respondents (40) R.F.A. No. 2159 of 1994 (O&M) Shri Sheo Ram ....Appellant Versus State of Haryana ...Respondent R.F.A. No. 1312 of 1994 [ 9] (41) R.F.A. No. 2552 of 1994 (O&M) Khazan Singh and others ....Appellants Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Lokesh Sinhal, Additional Advocate General, Haryana for the appellants. Mr. R.A. Yadav, C.B. Goel and Mr. R. S. Chahar, Advocates for the land owners. Rajesh Bindal J. This order will dispose of a bunch of 41 appeals, as the same arise out of the common acquisition. R.F.A. Nos. 1307 to 1327, 1901 and 1902 of 1994 have been filed by the State seeking reduction of the amount of compensation awarded by he learned court below. R.F.A. Nos. 356, 430, 470, 471, 555, 656, 1088 to 1092, 1096, 1125, 1130, 1359, 1365, 2159 and 2552 of 1994 have been filed by the land owners seeking enhancement of compensation for the acquired land. The facts have been extracted from R.F.A. No. 1312 of 1994. Briefly, the facts are that land measuring 3.47 acres, situated in the revenue estate of village Jharsa, Tehsil and District Gurgaon was acquired vide notification dated 14.6.1985 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for construction of Delhi-Jaipur road to village Jharsa. The same was followed by notification dated 18.3.1986 issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') gave award of Rs. 93,440/- per acre. Aggrieved against the same, the land owners filed objections which were referred to the learned Additional District Judge, Gurgaon, who keeping in view the material placed on record by the parties, awarded Rs. 170/- per square yard for the land falling upto 10 yards depth on both sides of National Highway No. 8, Rs. 127.50 per square yard for the land falling upto 10 yards depth on both sides of Gurgon-Jharsa road and Rs. 85/- per square yard for the remaining land. Learned counsel for the land owners submitted that assessment of the R.F.A. No. 1312 of 1994 [ 10] value of land, as was made by the learned court below, is not in consonance with the evidence produced by the parties on record. The court has totally failed to consider the aspect regarding location of the land, which was most suitable for residential as well as commercial purpose, as the same was situated close to Sector 15 and Mini Secretariat, which was already developed area. On the other hand, learned counsel for the State submitted that the learned court below has granted much more compensation than what the land owners deserved in the present case. Reliance on the earlier award was totally misplaced, as the land owners were required to produce on record independent evidence to get the value of the acquired land assessed. However, he was unable to deny the fact that the earlier award relied upon by the learned court below pertaining to the acquisition of land in the vicinity has attained finality in this Court. After hearing learned counsel for the parties and perusing the impugned award as well as other record, in my opinion, the bunch of appeals deserves to be dismissed. It is for the reason that prior to the present acquisition vide notification dated 14.6.1985, small portion of land measuring 4.98 acres in the vicinity was acquired vide notification dated 17.11.1982, wherein the learned Reference Court had assessed the value at Rs. 136/- per square yard for the land upto the depth of 10 yards on National Highway No. 8; Rs. 102/- per square yard for the land upto the depth of 10 yards on the land abutting Gurgaon-Jharsa road and for the rest of the land @ Rs. 68/- per square yard. The assessment of the aforesaid compensation was upheld by this Court in R.F.A. No. 2 of 1991—Azad Singh v. The State of Haryana and others, decided on 30.9.1997 and R.F.A. No. 2868 of 1992—Balai Ram and others v. State of Haryana and another, decided on 19.11.2008. All what the learned court below had done in the present set of appeals is that while relying upon the value of the land, as assessed for the acquisition carried out on 17.11.1982, had granted increase @ 25% for the intervening period in two notifications, the difference being 2 years and 7 months. The same cannot be faulted with as the fact could not be disputed that Gurgaon city was developing at good pace and the value of the land in the vicinity was appreciating at that rate. Accordingly, all the appeals are dismissed. (Rajesh Bindal) Judge 16.3.2009 mk R.F.A. No. 1312 of 1994 [ 11]