RFA No.1341 of 1992 1 In the Punjab and Haryana High Court,at Chandigarh. RFA No. 1341 of 1992 Decided on December 23,2008. Krishan Chand and another --- Appellants vs. State of Haryana ---Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.C.B.Goel,Advocate, for the appellants Mrs.Mamta Singhal Talwar,A.A.G,Haryana,for the respondents. Rakesh Kumar Jain,J: This judgment shall dispose of 4 Regular First Appeals bearing. Nos.1341,1340,1477 and 1478 of 1992, as common question of law and facts are involved therein. In pursuance of notification dated 18/20.11.1988, published in the Haryana Government Gazette on 6.12.1988, under Section 4 of the Land Acquisition Act,1894 (for short,'the Act'), followed by a notification of declaration dated 25.1.1989 published on 22.2.1989 issued under Section 6 of the Act, land measuring 5.81 acres situated in village Kherki Majra Dhankot, Tehsil and District Gurgaon, was acquired for the construction of “Gurgaon Water Supply Channel”. RFA No.1341 of 1992 2 The District Revenue Officer-cum Land Acquisition Collector, Gurgaon, vide his award No.I-G dated 22.5.1989 found the entire acquired land as Chahi and awarded Rs.50,000/- per acre towards compensation. The land owners/claimants were unsatisfied with the award and had filed objections under Sections 18 of the Act which were sent by the Collector to the Civil Court for adjudication. The landowners had claimed that value of the acquired land at the time of notification under Section 4 of the Act was not less than Rs. 200/- per square yard. The State of Haryana contested the claim and alleged that adequate compensation has already been awarded by the Collector after taking into consideration all the circumstances and prevailing market rate. Both the parties led their respective evidence. The learned Reference Court vide its award dated 14.2.1992, assessed the market value of the acquired land @ Rs. 75,000/- per acre for Chahi relying upon previous award Ex. RX. Learned counsel for the appellants has contended that Ex.RX pertains to acquisition of land in village Dhankot Hadbast No.49 for construction of “Gurgaon Water Supply Channel”. It is further contended that acquisition under judgment Ex. RX is of 18/20.11.1988 and the award of the Collector dated 1.6.1990 is in respect of Rs. 40,000/- per acre for Chahi; Rs.35040/- per acre for Barani; Rs.32,000/- per acre for Bhud and Rs. 25,120/- per acre for Gair Mumkin. Learned counsel submits that the compensation in respect of the village Dhankot which has been determined vide judgment Ex.RX has been redetermined by this Court in RFA No. 888 of 1992 Honda Ram v. State of Haryana and another vide judgment dated 4.11.2008 @ Rs. 1,05,340/- per acre. RFA No.1341 of 1992 3 Learned counsel for the respsondent-State could not dispute this fact. In view of the above, the present appeals are allowed in terms of the order passed in RFA No.888 of 1992 Honda Ram v. State of Haryana and another decided on 4.11.2008 by this Court and the appellants are also held entitled to compensation @ Rs.1,05,340/- per acre instead of Rs.75,000/- per acre with all statutory benefits in terms of the amended provisions of the Act with costs of the appeals. December 23,2008 (Rakesh Kumar Jain) RR Judge