RFA No.504 of 1993 1 In the Punjab and Haryana High Court,at Chandigarh. RFA No. 504 of 1993 Decided on October 17,2008. State of Haryana and another ---Appellants vs. Ghamandi Singh and another -- Respondents Present: Mr.H.S.Hooda,Advocate General,Haryana,with Mrs.Mamta Singhal Talwar,A.G.Haryana,for the appellants in the appeals filed by the State of Haryana and for the respondents in the appeals filed by the claimants/landowners. Mr.S.K.Jain,Advocate,for claimants/landowners only in RFA No.507 of 1993 with Cross objection No.28-CI of 1993. None for the other claimants/landowners/respondents. Rakesh Kumar Jain,J: This judgment shall dispose of R.F.A. Nos. 504,506,507 and X- Objection No. 28-CI of 1993,508,509,510,511 of 1993 filed by the State of Haryana and others and RFA Nos. 2391,2392,2393 and 1132 of 1993 filed by the claimants/landowners, as common questions of law and facts are involved therein. Land measuring 66.38 acres in village Mewla Maharajpur, Hadbast No.4,Tehsil Ballabgarh, District Faridabad, was acquired for a public purpose, namely for the development and utilization of land as residential and commercial area in Sector 21-C, at Fridabad, within the Faridabad/Ballabhgah controlled area under the Haryana Urban Development Authority Act,1977. RFA No.504 of 1993 2 Vide award No.9 dated 27.3.1990, Sh.Dharamvir Mittal, Land Acquisition Collector, Directorate of Urban Estate Haryana, Faridabad, assessed the market value of the acquired land @ Rs.1,50,000/- per acre. The landowners/claimants were unsatisfied with the award announced under Section 11 of the Act, and therefore, they filed objections under Section 18 of the Act. The Reference Court vide its award dated 10.2.1992 re- determined the market value of the acquired land @ Rs.198.25paise per square yard. At the very outset, Mr.H.S.Hooda, learned Advocate General, Haryana, assisted by Mrs. Mamta Singhal Talwar,A.A.G.Haryana, brought to the notice of this Court a Division Bench judgment of this Court passed in L.P.A. No. 920 of 1994 Horam v. The State of Haryana and another decided on 27.7.2005,in which this Court assessed the market value of the land situated in village Mewla Maharjpur, Hadbast N.4, Tehsil Ballabgarh, District Faridabad @ Rs.200/-per square yard. In the said case, notification under Section 4 of the Act was issued on 22.8.1988 for acquisition of 132.06 acres of land situated in village Mewla Maharajpur Hadbast No.4, Tehsil Ballabgarh, District Faridabad for the development and utilization of land as residential and commercial area in Sector 46, Part, within Faridabad -Ballabgarh controlled area. The Land Acquisition Collector, vide his award dated 30.3.1990 assessed the market value for different categories of land but the Reference Court awarded a flat rate of Rs. 101/- per square yard. Learned Single Judge of this Court dismissed the Regular First Appeal and the award of the Reference Court was upheld. The land owners in the said case filed the L.P.A. No. 920 of RFA No.504 of 1993 3 1994 which was allowed by the Division Bench and compensation of Rs.200/- per square yard was awarded for the acquired land along-with all the statutory benefits as per the amended Act. In the present case as well as in the case of Horam, referred to above (LPA No.920 of 1994), the notification under Section 4 is of the same date i.e. 22.8.1988 and land of the same village Mewla Maharajpur, Hadbast No.4, District Faridabad has been acquired for the same purpose, namely, for development of residential and commercial area. Therefore, the decision rendered in Horam's case (supra) is most relevant. As such, the landowners in the present cases are entitled to compensation @ Rs.200/- per square yards instead of the amount awarded by the Reference Court @ Rs.198.25 paise per square yard. In view of the aforesaid facts and circumstances, the present appeals and cross objections filed by the land-owners/claimants are allowed and they are held entitled to the compensation of Rs. 200/- per square yard for their acquired land as on 22.8.1988 along-with all the statutory benefits as per the provisions of amended Act, with costs and the appeals filed by the State of Haryana, are hereby dismissed. Oct 17,2008 (Rakesh Kumar Jain) RR Judge