R.F.A. No. 2285 of 2001 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 2285 of 2001 (O&M) Date of decision : 19.4.2011 Gurpreet Singh and another .... Appellants vs Union Territory of Chandigarh .... Respondents Coram : Hon'ble Mr. Justice Rajesh Bindal Present: Mr. P. C. Dhiman, Mr. Amit Saini, Mr. Hardip Singh, and Ms Ekta Thakur, Advocates, for the landowners. Mr. Deepak Sharma, Mr. Vishal Sodhi, Ms. Lisa Gill, Advocates, and Ms. Harmanpreet Kaur, Advocate for Ms. Alka Chatrath, Advocate, for Union Territory, Chandigarh. RAJESH BINDAL, J This order will dispose of RFA Nos. 2285 of 2001, 812, 2641 of 2002, 3208, 4551, 4720, 4721 of 2003, 388, 389, 1764 of 2004, and 5192, 5193 of 2009, as common questions of law and facts are involved therein. The landowners have filed appeals seeking enhancement of compensation for the acquired land, whereas by filing appeals, Union Territory, Chandigarh, is seeking reduction thereof. Briefly, the facts are that vide notification dated 28.6.1990 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), Union Territory, Chandigarh, sought to acquire land situated within the revenue estate of village Mani Majra, U. T. Chandigarh, for development of residential-cum-commercial Scheme No. 9 of the Notified Area Committee, Mani Majra. The Land Acquisition Collector (for short, “the Collector”) assessed the market value of the acquired land @ ` 75,000/- per acre for gair mumkin nadi/nallah, etc. and ` R.F.A. No. 2285 of 2001 (2) 2,01,440/- per acre for the remaining kinds of land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below determined the fair market value of the acquired land @ ` 4,74,320/- per acre. Vide another notification dated 9.8.1990, issued under Section 4 of the Act, Union Territory, Chandigarh, sought to acquire land situated within the revenue estate of village Mani Majra, U. T. Chandigarh, for development of residential and commercial Scheme No. 3. The Collector assessed the market value of the acquired land @ ` 2,75,200/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below determined the fair market value of the acquired land @ ` 4,98,520/- per acre. Aggrieved against the impugned awards, both the parties are in appeals before this court. Learned counsel for the landowners submitted that the issues raised in the present set of appeals are squarely covered by the judgment of this court in RFA No. 2016 of 2001 – Sadhu Ram and others vs Union Territory, Chandigarh decided on 5.10.2010, whereby the market value of the acquired land was assessed @ ` 167/- per square yard. Learned counsel for Union Territory, Chandigarh, did not dispute the aforesaid factual position. Since this court had further enhanced the compensation for the acquired land payable to the landowners, the claim of the Union Territory, Chandigarh for reduction does not survive. Accordingly, for the detailed reasons recorded in Sadhu Ram's case (supra), the appeals filed by Union Territory are dismissed and that of the landowners are disposed of in terms of Sadhu Ram's case (supra). 19.4.2011 (Rajesh Bindal) vs. Judge