IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 5682 of 2008 Date of Decision: 22.9.2009 Purushottam Dass ....Appellant. Versus State of Haryana ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Sharad Aggarwal, Advocate for the appellant. Ms. Naveen Malik, Additional Advocate General, Haryana, for the respondent. AJAY KUMAR MITTAL, J. The landowner has approached this Court by way of instant regular first appeal for enhancement of the amount of compensation awarded by the reference court for the acquired land. The respondent-State of Haryana vide notifications dated 10.6.1988 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) and dated 7.6.1989 under Section 6 of the Act had acquired 306.32 acres of land situated within the revenue estate of village Jharsentli, Tehsil Ballabgarh, District Faridabad, Hadbast No.44, for the public purpose, namely, development and utilization of the same as industrial area in Sector 59 Faridabad, under the Haryana Urban Development Authority Act, 1977. This included the land measuring 12 kanals bearing rectangle No.69, khasra Nos.6/2 and 15 belonging to the appellant. The Land Acquisition Collector, Faridabad, awarded compensation at the rate of Rs.2,00,000/- per acre for Chahi, Banjar, Quadim, Narmot, Nehri land and Rs.1,00,00/- per acre for Gair Mumkin Talab land. The land of the appellant measuring 11 kanals 18 marlas R.F.A. No. 5682 of 2008 -2- was categorized as Chahi land while the remaining land measuring 2 marlas was as Gair Mumkin Talab. Feeling aggrieved, the claimant filed a reference under Section 18 of the Act and the reference court vide its award dated 17.5.2007 had assessed the market value of the acquired land at Rs.150/- per square yard. Besides the aforesaid compensation, the landowner-claimant was held entitled to costs and all other statutory benefits including solatium, additional amount and interest in accordance with the provisions of the Act. Still feeling not satisfied, the claimant has filed the instant appeal for enhancement of the amount of compensation. Learned counsel for the parties are ad idem on the fact that against the award dated 17.5.2007 passed by the reference court arising from the same acquisition, the State of Haryana had approached this Court and the matter has already been remanded by this Court to the reference court vide order dated 06.08.2009 passed in RFA No.947 of 2008 (State of Haryana v. Purushottam Dass) for afresh decision. The present appeal has been filed by the claimant for enhancement of the amount of compensation awarded by the reference court vide the same award dated 17.5.2007. In view of the above, the award dated 17.5.2007 passed by the reference court is set aside and the matter is remanded to the reference court for deciding the same afresh in terms of the order dated 06.08.2009 passed by this Court in RFA No. 947 of 2008 (State of Haryana v. Purushottam Dass). The appeal is disposed of accordingly. September 22, 2009 (AJAY KUMAR MITTAL) gbs JUDGE