RFA No. 3963 of 2001 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 3963 of 2001 (O&M) Date of decision: 10.9.2009 Kanshi Ram ...Appellant Versus State of Haryana & others ...Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr.Kulwant Singh, Advocate, for Mr.Ashish Aggarwal, Advocate, for the appellant. Mr. Rajiv Kawatra, Sr.DAG, Haryana, --- VINOD K. SHARMA, J (Oral CM No.9955-CII of 2009 Allowed as prayed for. CM No.9956-CII of 2009 This application under section 151 of the Code of Civil Procedure has been moved for the disposal of this appeal in the same terms as in RFA No.3962 of 2001 titled Ram Sarup Vs. State of Haryana and others. RFA No. 3963 of 2001 2 Notice of the application was issued. Learned Sr.DAG, Haryana concedes that the appeal is squarely covered by the decision of this court in RFA No.3962 of 2001 titled Ram Sarup Vs. State of Haryana and Ors.. Civil Misc.is allowed. RFA is taken up for hearing for disposal. RFA No. 3963 of 2001 This is landowners appeal against the award 8.5.2001 passed by the learned reference court under section 18 of the Land Acquisition Act (for short the Act). Brief facts of the case are that the land situated in village Shadipur, Tehsil and District Sonepat was acquired vide notification dated 17.5.1990 under section 4 of the Act, for public purpose i.e. for development and utilization of land as residential and commercial area in Sector-12, Sonepat. Land Acquisition Collector determined the market value of land acquired at the rate of Rs.1.70 lacs (Rupees one lac and seventy thousand only) per acre. However, on reference learned reference court enhanced the market value to Rs.120/- (Rupees one hundred and twenty only) per square yard. This Court in RFA No.431 of 2000 titled State of Haryana Vs. Jai Pal and another decided on 1.12.2008 enhanced the market value to Rs.160/- (Rupees one hundred and sixty only) per square yard for the land up to the depth of 100 metres from Sonepat-Ballabgarh road and Rs.130/- RFA No. 3963 of 2001 3 (Rupees one hundred and thirty only) per square yard for the land falling beyond this area. This appeal is allowed and compensation of the acquired land is enhanced to Rs.160/- (Rupees one hundred and sixty only) per square yard for the land up to the depth of 100 metres from the road and Rs.130/- (Rupees one hundred and thirty only) per square yard for the land beyond that. In addition, the appellant shall also be entitled to 30 per cent solatium and all other statutory benefits on enhanced compensation. No costs. 10.9.2009 (Vinod K. Sharma) rp Judge