R.F.A. No.1237 of 2002 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No.1237 of 2002 Date of Decision: 14.10.2009 Gram Panchayat, Village Raipur through its Sarpanch Sh.Sanjay. .....Appellant. Versus 1. The State of Haryana through Collector, Sonepat 2. Land Acquisition Collector, Urban Estate HUDA, Faridabad. 3. Haryana Urban Development Authority through its Administrator HUDA, Faridabad. 4. Piare Lal 5. Om Parkash 6. Jai Pal all sons of Late Sh.Risal Singh Son of Sh.Banwari Lal, r/o Village Raipur, Tehsil & District Sonepat. CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present: Mr.Suni Kumar Bhardwaj, Advocate for the appellant. Mr. H.S.Hooda, Advocate General Haryana assisted by Mr.Ashish Sharma, DAG, Haryana, Mr.Raghujit Singh Madan, Advocate, for HUDA. Ajay Kumar Mittal,J.(oral) This judgment shall dispose of eleven RFAs bearing Nos.1237, 2026, 2186, 2202 of 2002 filed by the landowners-claimants for enhancement of the amount of compenation granted by the Reference Court and RFAs bearing Nos.2251 and 2252 of 2002, 726 of 2003 and 4347, 4348, 4349 and 4350 of 2006 filed by the State of Haryana seeking reduction in the amount of compensation as well as cross-objection No.73C-I filed by the landowners in RFA No.4350 of 2006 seeking enhancement of the amount of compensation. The facts are being taken R.F.A. No.1237 of 2002 2 from RSA No.1237 of 2002. State of Haryana vide notification dated 09.11.1992 issued under Section 4 of the Land Acquisition Act, 1894(for short, " the Act") which is published in the Haryana Gazettee(extra-ordinary) on the same day, acquired 2103 kanals and 16 Marlas of land situated in village Raipur,Hadbast No.84, Tehsil and District Sonepat, for development and utilization of the same for residential, commercial and industrial development of Sectors 3 and 7 at Sonepat. Notification under Section 6 was published on 06.11.1993. The Land Acquisition Collector vide award dated 05.11.1995 while classifying the acquired land as Chahi, Barani and Banjar evaluated the market price thereof at Rs.1,80,000/- per acre for Chahi/Nehri; Rs. 1,00,000/- per acre for Barani and Rs.90,000/- per acre for Banjar. Claimants-land-owners were not satisfied with the quantum of the compensation awarded by the Land Acquisition Collector and sought reference under Section 18 of the Act and the Reference Court on the basis of the evidence available on record assessed the market value at Rs. 100/- per sq. yard for Chahi/Nehri; vide award dated 03.12.2001 besides awarding statutory benefits. Being aggrieved against the award passed by the reference Court, the claimants as well as the State of Haryana have filed the present appeals. Some of the land-owners against the similar award arising from the same acquisition passed by the Reference Court had approached this Court by way of Regular First Appeal No.2453 of 2000 (Smt.Chanderpati and Ors. Vs. State of Haryana and anr.) wherein this Court on 30.05.2007 along with other connected appeals had dismissed the appeals filed by the State and partly allowed the appeals filed by the landowners by determining the market value of the acquired land at a uniform rate of Rs.200/- per square yard. Counsel for the parties are ad-idem that the present appeals R.F.A. No.1237 of 2002 3 arise out of the same notifications and the identical awards passed by the Reference Court and, therefore, these appeals may be disposed of in terms of the decision rendered by this Court on 30.05.2007 in the aforesaid appeals. Since there is no dispute with regard to the said fact, the present appeals as well as the cross-objections are disposed of in terms of the decision dated 30.05.2007 rendered by this Court in RFA No.2453 of 2000 (Smt.Chanderpati Vs. State of Haryana and anr.) 14.10.2009 (Ajay Kumar Mittal) Seema-II Judge R.F.A. No.1237 of 2002 4