RFA No. 3946 of 2006 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R. F. A No. 3946 of 2006 (O&M) Date of decision : 8.11.2010 Pritam Singh and others ..... Appellants vs State of Haryana and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. J. P. Dhull, Advocate, Mr. P. S. Dhaliwal, Advocate for Mr. S. P. S. Sidhu, Advocate, for the appellants. Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J. This order shall dispose of following appeals bearing RFA Nos. 3946, 3947, 3952 to 3955, 3961, 4461, 4462 of 2006, RFA Nos. 2858 to 2869, 3926, 4102, 4109, 4147 of 2007, RFA Nos. 299, 441, 805 to 808, 1394, 1770, 1874, 1875 of 2008, as common questions of law and facts are involved therein. By filing the appeals, the landowners are seeking enhancement of compensation for the acquired land. . Briefly, the facts of the case are that vide notification dated 30.1.2002 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana, acquired land situated in Village Titram, Hadbast No. 42, Tehsil and District Kaithal, for construction of Kheri Sheru Minor RD 0 to 24415 off taking at RD 17410-L Titram Disty. The Land Acquisition Collector (for short, “The Collector”), vide his award dated 27.9.2002 determined the market value of the acquired land @ ` 2,15,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections under Section 18 of the Act, which were referred to the learned court. The learned court below determined the market value of the acquired land @ ` 3,58,000/- per acre. It is this award which is impugned in the present set of appeals before this court. Learned counsel for the landowners submitted that the court below has not awarded just and fair compensation to the landowners on account of acquisition of land part of which was located near the State Highway leading RFA No. 3946 of 2006 (2) Kaithal to Jind. Considering its potentiality, the landowners should have been awarded at least ` 6 lacs per acre as compensation. It was even so stated by the Namberdar of the village while appearing as PW2. On the other hand, learned State counsel submitted that the compensation awarded to the landowners in the present set of appeals is already on the higher side. In fact, there is no evidence on record to justify the award of the learned court below. The court below was quite generous. The landowners should feel satisfied considering the fact that the State is not in appeal against the impugned award. Heard learned counsel for the parties and perused the relevant referred record. A perusal of the paper-book shows that it is the award pertaining to LAC No. 38 of 2003- Mangtu vs State of Haryana and another, which was relied upon for the purpose of assessment of compensation. In that award, the learned court below relied upon earlier award pertaining to the acquisition of land of the neighbouring village Peoda, vide notification dated 18.1.1999 and considering the gap of three years had awarded increase @ 12% per annum. The sale-deed dated 3.6.2002, produced by the landowners in that case was for the land measuring 1 kanal sold @ ` 6,00,000/- per acre, was not considered. In addition to that, in LAC No. 26 of 2004, the landowners had produced three sale-deeds, which pertained to village Peoda whereas one pertained to village Titram. However, there is no site plan produced by the landowners on record to show the location of the land pertaining to the aforesaid sale-deeds to enable this court to compare the value thereof viz-a-viz the acquired land. Nothing has been pointed out at the time of hearing as to whether the compensation in the award, reliance on which was placed upon by the learned court below, was further enhanced by this court in any appeal. Considering the aforesaid facts, I do not find any case is made out for enhancement of compensation. Accordingly, the appeals are dismissed. 8.11.2010 (Rajesh Bindal) vs. Judge