RFA No. 2059 of 1993 (1) In the High Court of Punjab & Haryana at Chandigarh RFA No. 2059 of 1993 (O&M) Date of decision : 26.8.2010 State of Haryana ..... Appellant vs Anup Singh and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J. The State is in appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction of compensation. Briefly, the facts of the case are that the State of Haryana vide notification dated 23.12.1986 issued under Section 4 of the Act, acquired land measuring 3.64 acres land situated within the revenue estate of Village Gurdas Majra, Tehsil and District Rewari, for construction of road from Gurdas Majra to Bhudla via Sanghwari. The Land Acquisition Collector assessed the fair value of the acquired land @ ` 25,120/- per acre for Gitwar and chahi land, and ` 22,080/- per acre for barani kind 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 vide award dated 28.10.1992 determined the market value of the acquired land @ ` 90,000/- per acre. It is this award which is impugned in the present appeal. Learned counsel for the appellant State submitted that the court below had granted increase without any basis. The evidence produced by the State in the form of sale-deeds, Ex. R-1 to Ex. R-3 was rejected without any basis and on the other hand the evidence led by the respondents in the shape of sale-deed, Ex. P-1, was considered wrongly. The payer is for setting aside the award of the court below and upholding the award of the Collector. Heard learned counsel for the State and perused the relevant referred record. The impugned award is dated 28.10.1992. The acquisition was carried out on 23.12.1986 i.e. 24 years back. The acquired land of the claimants in the present case is merely 7 kanals 6 marlas. About 18 years have elapsed after the RFA No. 2059 of 1993 (2) grant of compensation. The amount must have been paid to the landowners. A perusal of the sale-deeds, Ex. R-1 to Ex. R-2 shows that price of the land sold vide these sale-deeds is less than the award of the Collector whereas vide sale-deed, Ex. R-3, the land measuring 4 kanals 8 marlas was sold on 3.7.1989 for a consideration of ` 22,000/-. The same cannot be considered for the simple reason that it was executed after the issuance of notification under Section 4 of the Act. In so far as reliance by the court below on sale-deed dated 24.11.1986, Ex. P-1, is concerned, I find no illegality with the same. Vide this sale-deed, land measuring 14 marlas of land was sold for a consideration of ` 12,000/- i.e. ` 1,20,000/- per acre. The same was executed before the date of issuance of notification and the genuineness of the same was not doubted by the State. Further more, the landowners have also demanded severance on account of division of their land as the acquisition was for construction of road. But the court below has not granted the same. Keeping in view the fact that more than 24 years have elapsed after the acquisition and that the compensation must have paid to the landowners; and that the landowners have not been granted severance, no case for interference is made out. Accordingly, the appeal is dismissed. 26.8.2010 (Rajesh Bindal) vs. Judge