RFA No. 1787 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 5000-CI of 2009 & RFA No. 1787 of 2009 Date of Decision: 16.9.2009 Krishan Kumar ....Appellant. Versus State of Haryana and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Sandeep Panwar, Advocate for the appellant. Mr. Ashish Sharma, DAG, Haryana, for respondents No.1 and 2. Ms. Sheenu Sura, Advocate, for respondent No.3. AJAY KUMAR MITTAL, J. C.M. No. 5000-CI of 2009 This is an application under Section 5 of the Limitation Act for condonation of 586 days' delay in filing the appeal. After hearing the learned counsel for the parties and perusing the application which is supported by an affidavit, the delay of 586 days in filing the appeal is condoned. CM stands disposed of accordingly. R.F.A. No. 1787 of 2009 The landowner has approached this Court by way of instant RFA No. 1787 of 2009 -2- regular first appeal for enhancement of the amount of compensation awarded by the reference court. The respondent-State of Haryana vide notifications dated 19.7.2002 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) and dated 17.7.2003 under Section 6 of the Act had acquired 239.87 acres of land situated within the revenue estate of village Patti Gaddar, Kaithal Hadbast No.19, Tehsil and District Kaithal, for the public purpose, namely, development and utilization of residential and commercial Sector-18, Kaithal. The Land Acquisition Collector, Kaithal, vide its award dated 16.7.2005 determined the market value of the acquired land at the rate of Rs.5,00,000/- per acre. Feeling aggrieved, the claimant filed a reference under Section 18 of the Act and the reference court vide its award dated 31.1.2007 had awarded compensation of the acquired land at the rate of Rs.350/- 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 that against the same acquisition, some of the other claimants had also approached this Court for further enhancement of the compensation and the matter has already been remanded to the reference court vide order dated 27.3.2009 passed in RFA No.5466 of 2008 (Kirpal Singh v. State of Haryana and others) for fresh consideration of the material placed on record by the parties. The present appeal has been filed by the RFA No. 1787 of 2009 -3- claimant for enhancement of the amount of compensation awarded by the reference court vide the same award. The parties are not at variance on the factual concept of the matter that the material on record of the present case had not been noticed by the reference court while passing the impugned award. In view thereof, the award dated 31.1.2007 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 27.3.2009 passed by this Court in RFA No. 5466 of 2008 (Kirpal Singh v. State of Haryana and others) and other connected appeals. The appeal is disposed of accordingly. September 16, 2009 (AJAY KUMAR MITTAL) gbs JUDGE