R.F.A. No.2152 of 1990 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: December 04, 2008 (1) R.F.A. No. 2152 of 1990 Kartar Singh (deceased) through LRs ... Appellants v. State of Haryana .. Respondent (2) R.F.A. No. 1863 of 1991 Satwant Singh ... Appellant v. The State of Haryana .. Respondent (3) R.F.A. No. 1864 of 1991 Satwant Singh ... Appellants v. The State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: None for the land owners. Mr. Lokesh Sinhal, Additional Advocate General, Haryana, for the State. Rajesh Bindal J. This order will dispose of above mentioned three appeals, as the same arise out of a common acquisition. The land owners are in appeal before this Court against the award of the learned court below seeking further enhancement of compensation for the acquired land. The facts have been noticed from R.F.A. No. 2152 of 1990. Briefly, the facts are that land measuring 689 kanals and 17 marlas, situated within the revenue estate of Village Atmadpur, Hadbust no. 127, Tehsil Ballabgarh, District Faridabad was acquired vide notification dated 4.11.1977 R.F.A. No.2152 of 1990 [2] issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for development and utilisation as residential area in Sectors 31, 32, 35 and 36. The same was followed by notification dated 1.11.1980 issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') gave award of Rs. 40,000/- per acre. Aggrieved against the same, the land owners filed objections which were referred to the learned District Judge, Faridabad, who keeping in view the material placed on record by the parties, assessed the market value at Rs. 22/- per square yard. Learned counsel for the State could not dispute the fact that vide judgment dated 19.10.2005 in R.F.A. No. 363 of 1989 –Bhupal Singh and others v. State of Haryana, this Court for acquisition of land vide notification of even date and for the same purpose, i.e., for utilisation thereof as residential area of Sectors 31, 32, 35 and 36 by Haryana Urban Development Authority determined the fair value at Rs. 50/- per square yard. A perusal of the impugned award in the present case and the judgment in Bhupal Singh's case (supra) shows that acquisition was by the same notification and for the same purpose, meaning thereby that the entire land was situated in the vicinity. It is further evident that even the Reference Court had determined the value of the land in both the set of cases at Rs. 22/- per square yard. As this Court has already determined the value of the acquired land in the vicinity by the same notification, I do not find any reason to deviate from the same. Accordingly, for the detailed reasons recorded in Bhupal Singh's case (supra), value of the acquired land in the present set of appeals is determined at Rs. 50/- per square yards. The land owners shall also be entitled to all statutory benefits available under the Act. The appeals are allowed in the above terms. (Rajesh Bindal) Judge 4.12.2008 mk