IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular First Appeal No. 1426 of 2011(O&M). Date of Decision: November 15, 2011. Smt. Kamaljeet Kaur Ghotra ...... APPELLANT Versus State of Haryana and another. ...... RESPONDENTS CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Adarsh Jain, Advocate for the applicant-appellant. Mr. Ashish Kapoor, Addl. A. G. (Haryana) State counsel for respondents. ***** RAM CHAND GUPTA, J.(Oral) CM No.3517-CI of 2011. The application is allowed subject to just exceptions. CM No.3519-CI of 2011. Reply to the application filed. Heard. Admittedly, regular first appeal filed by other land owners against the same judgment has already been decided by this Court i.e. RFA No.4438 of 2008 titled “State of Haryana and another Vs. Sailak Ram RFA No.1426 of 2011(O&M) and others” decided on September 1, 2009. It has been stated by learned counsel for the applicant-appellant that the present RFA is covered by the said judgment. This fact has not been disputed by the counsel for the State. Hence, in view of this fact and in view of the facts mentioned in the application, accompanied by affidavit, the application is allowed and delay of 1065 days in filing the present appeal is, hereby, condoned. Civil Misc. stands disposed of. RSA No. 1426 of 2011 . Admitted facts are that Government of Haryana acquired land measuring 486.61 acres situated in the revenue estate of village Mewla Maharajpur, Tehsil and District Faridabad for public purpose namely development and utilization of said land as residential, commercial and institutional for Sectors 44 and 47, Faridabad falling in Faridabad and Ballabhgarh controlled area. Notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short the ‘Act’) were issued on 7.9.1992 and 2.7.1993 respectively. The Land Acquisition Collector vide award dated 8.2.1995 assessed compensation in respect of the acquired land payable to the land-owners at the rate of Rs.1,96,800/- per acre i.e. Rs.40.66 per square yard. Dissatisfied with the said award, land-owners including the present appellant, filed reference under Section 18 of the Act for enhancement of the amount of compensation. The Reference Court vide award dated 12.01.1998 determined the market value of the acquired land at the rate of Rs.325/- per square yard. Still dissatisfied with the decision of the Reference Court, land owners preferred appeals for enhancement of the amount of compensation. State of Haryana also preferred appeal pleading for reduction of the amount of compensation. Appeals filed by some of the land owners were dismissed and however, appeal filed by the State of Haryana was allowed and the amount 2 RFA No.1426 of 2011(O&M) of compensation was reduced to Rs.90/- per square yard vide judgment dated 7.7.1999. Some of the land owners filed Letters Patent Appeals before this Court, which were also dismissed. Thereafter, some of the land owners filed appeals before Hon’ble Apex Court. Hon’ble Apex Court remanded the matter to Reference Court to give a fresh look to the matter and re-determine the market value of the land. Reference Court reconsidered the matter and assessed the market value of the land at the rate of Rs.238/- per square yard vide award dated 12.01.2008. Still dissatisfied with the award, some of the land owners preferred appeal before this Court, which was decided on 1.9.2009 in RFA No.4438 of 2008 titled “State of Haryana and another Vs. Sailak Ram and others” vide which the appeal preferred by State of Haryana was dismissed, whereas the appeal filed by the land owners was partly accepted and the amount of compensation was enhanced to Rs.280/- per square yard. It has been contended by the learned counsel for the appellant that the present appeal is fully covered by the said judgment of this Court rendered in RFA No.4438 of 2008 titled “State of Haryana and another Vs. Sailak Ram and others” decided on 1.9.2009. The plea has not been disputed by the State. Hence, in view of this fact, the present appeal is also decided on the same reasoning and terms as given in RFA No.4438 of 2008 titled “State of Haryana and another Vs. Sailak Ram and others” decided on 1.9.2009. Disposed of accordingly. ( RAM CHAND GUPTA ) November 15, 2011. JUDGE Sachin M. 3