RFA No.821 of 1991 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA No.821 of 1991 Date of decision: 12.12.2008 **** State of Haryana and another . . . . Appellant(s) Vs. Sat Narain and another . . . . Respondent(s) **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Ms.Mamta Singhal Talwar, AAG, Haryana for the appellant(s). None for the respondent(s). **** RAKESH KUMAR JAIN J. (ORAL) Vide notification dated 27.12.1977 issued under Section 4 of the Land Acquisition Act, 1894 (in short ‘the Act’) followed by a declaration issued under Section 6 of the Act dated 15.1.1978, 7.76 acres of land of village Kanina, Tehsil Mahendergarh was acquired for the public purpose, namely for the construction of Rampuri Distributory by the Irrigation Department. The Land Acquisition Collector, Irrigation Department (in short ‘the Collector) vide his award No.151 dated 29.3.1982 determined the market value of Chahi land @ Rs.19360/- per acre and for another Chahi land @ Rs.48,400/- per acre. The reference Court vide his impugned award dated 1.12.1990 awarded a compensation @ Rs.67,000/- per acre for Chahi land and the landowners were also granted compensation under Section 23(1-A) and 23(2) of the amended Act. RFA No.821 of 1991 - 2 - Ms.Mamta Singhal Talwar, AAG, Haryana, learned counsel appearing on behalf of the appellant has vehemently contended that since the notification under Section 4 of the Act was issued on 27.12.1977 and the award of the Collector is of 29.3.1982, the learned reference Court has committed grave error in awarding compensation under Section 23(1-A) of the Act. After hearing the learned counsel for the appellant, I am of the view that the award of the learned reference Court is illegal in respect of the grant of compensation under Section 23 (1-A) of the Act because it is now well settled that if the notification under Section 4 of the Act; award of the Collector and also award of the reference Court is before 13.4.1982 then no relief in terms of the statutory amendments is to be granted to the landowners. But in case, the notification issued under Section 4 of the Act and award of the Collector is before 13.4.1982 and the award of the learned reference Court is thereafter then the landowners shall be entitled to the benefit of the provisions of Section 23(2) and 28 of the amended Act but shall not be entitled to the benefit of the provision of Section 23(1-A) of the Act. In view of the above, the present appeal is allowed and the benefit granted by the learned reference Court to the landowners/claimants in terms of the provisions of Section 23(1-A) is hereby deleted but the remaining benefits shall remain the same. No costs. (RAKESH KUMAR JAIN) 12.12.2008 JUDGE vivek