R.F.A. No. 5466 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: March 27, 2009 (1) R.F.A. No. 5466 of 2008 (O&M) Kirpal Singh ....Appellant Versus State of Haryana and others ...Respondents (2) R.F.A. No. 1613 of 2007 (O&M) Diley Ram ....Appellant Versus State of Haryana and others ...Respondents (3) R.F.A. No. 1614 of 2007 (O&M) Satya Devi ....Appellant Versus State of Haryana and others ...Respondents (4) R.F.A. No. 1615 of 2007 (O&M) Smt. Satya Devi ....Appellant Versus State of Haryana and others ...Respondents (5) R.F.A. No. 1616 of 2007 (O&M) Smt. Satya Devi ....Appellant Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [2] (6) R.F.A. No. 1617 of 2007 (O&M) Ram Kumar ....Appellant Versus State of Haryana and others ...Respondents (7) R.F.A. No. 1618 of 2007 (O&M) Rajpal ....Appellant Versus State of Haryana and others ...Respondents (8) R.F.A. No. 1619 of 2007 (O&M) Smt. Balwinder Kaur ....Appellant Versus State of Haryana and others ...Respondents (9) R.F.A. No. 1620 of 2007 (O&M) Ramkala ....Appellant Versus State of Haryana and others ...Respondents (10) R.F.A. No. 1621 of 2007 (O&M) Charan Singh and another ....Appellants Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [3] (11) R.F.A. No. 1622 of 2007 (O&M) Ram Chander ....Appellant Versus State of Haryana and others ...Respondents (12) R.F.A. No. 1623 of 2007 (O&M) Dilbag and another ....Appellants Versus State of Haryana and others ...Respondents (13) R.F.A. No. 1624 of 2007 (O&M) Gobind Ram and another ....Appellants Versus State of Haryana and others ...Respondents (14) R.F.A. No. 1625 of 2007 (O&M) Smt. Mamta ....Appellant Versus State of Haryana and others ...Respondents (15) R.F.A. No. 1626 of 2007 (O&M) Satpal and another ....Appellants Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [4] (16) R.F.A. No. 1627 of 2007 (O&M) Ajmer Singh and another ....Appellants Versus State of Haryana and others ...Respondents (17) R.F.A. No. 1628 of 2007 (O&M) Hans Raj and another ....Appellants Versus State of Haryana and others ...Respondents (18) R.F.A. No. 1629 of 2007 (O&M) Om Parkash ....Appellant Versus State of Haryana and others ...Respondents (19) R.F.A. No. 1630 of 2007 (O&M) Karam Chand and others ....Appellants Versus State of Haryana and others ...Respondents (20) R.F.A. No. 1631 of 2007 (O&M) Smt. Kalawanti ....Appellant Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [5] (21) R.F.A. No. 1632 of 2007 (O&M) Manphool Singh and others ....Appellants Versus State of Haryana and others ...Respondents (22) R.F.A. No. 1633 of 2007 (O&M) Pawan Kumar ....Appellant Versus State of Haryana and others ...Respondents (23) R.F.A. No. 1634 of 2007 (O&M) Siri Ram ....Appellant Versus State of Haryana and others ...Respondents (24) R.F.A. No. 1635 of 2007 (O&M) Sadhu Ram and others ....Appellants Versus State of Haryana and others ...Respondents (25) R.F.A. No. 1636 of 2007 (O&M) Hari Singh and others ....Appellants Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [6] (26) R.F.A. No. 1637 of 2007 (O&M) Ramphal ....Appellant Versus State of Haryana and others ...Respondents (27) R.F.A. No. 1638 of 2007 (O&M) Bimla Devi ....Appellant Versus State of Haryana and others ...Respondents (28) R.F.A. No. 1639 of 2007 (O&M) Hazoor Singh and another ....Appellants Versus State of Haryana and others ...Respondents (29) R.F.A. No. 1640 of 2007 (O&M) Didar Singh ....Appellant Versus State of Haryana and others ...Respondents (30) R.F.A. No. 1641 of 2007 (O&M) Om Parkash and others ....Appellants Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [7] (31) R.F.A. No. 1642 of 2007 (O&M) Kura and others ....Appellants Versus State of Haryana and others ...Respondents (32) R.F.A. No. 1643 of 2007 (O&M) Dharma ....Appellant Versus State of Haryana and others ...Respondents (33) R.F.A. No. 1746 of 2007 (O&M) Ved Parkash ....Appellant Versus State of Haryana and others ...Respondents (34) R.F.A. No. 1825 of 2007 (O&M) Chander Bhan and others ....Appellants Versus The State of Haryana and others ...Respondents (35) R.F.A. No. 1829 of 2007 (O&M) Smt. Bateri Devi ....Appellant Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [8] (36) R.F.A. No. 1830 of 2007 (O&M) Jodha Ram and others ....Appellants Versus State of Haryana and others ...Respondents (37) R.F.A. No. 1831 of 2007 (O&M) Harpal Singh ....Appellant Versus State of Haryana and others ...Respondents (38) R.F.A. No. 1832 of 2007 (O&M) Karnail Singh and another ....Appellants Versus State of Haryana and others ...Respondents (39) RFA No. 1833 of 2007 (O&M) Fateh Singh and others ....Appellants Versus State of Haryana and others ...Respondents (40) R.F.A. No. 1841 of 2007 (O&M) Baldev ....Appellant Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [9] (41) R.F.A. No. 1842 of 2007 (O&M) Churia Ram and others ....Appellants Versus State of Haryana and others ...Respondents (42) R.F.A. No. 1843 of 2007 (O&M) Hawa Singh and others ....Appellants Versus State of Haryana and others ...Respondents (43) R.F.A. No. 1844 of 2007 (O&M) Smt. Santosh Kumari ....Appellant Versus State of Haryana and others ...Respondents (44) R.F.A. No. 1845 of 2007 (O&M) Surjit Singh and others ....Appellants Versus State of Haryana and others ...Respondents (45) R.F.A. No. 1846 of 2007 (O&M) Smt. Chano Devi and others ....Appellants Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [10] (46) R.F.A. No. 1847 of 2007 (O&M) Smt. Sukh Dai and others ....Appellants Versus State of Haryana and others ...Respondents (47) R.F.A. No. 2532 of 2007 (O&M) Nar Singh and others ....Appellants Versus State of Haryana and others ...Respondents (48) R.F.A. No. 2533 of 2007 (O&M) Smt. Beermati and others ....Appellants Versus State of Haryana and others ...Respondents (49) R.F.A. No. 2534 of 2007 (O&M) Jai Singh and others ....Appellants Versus State of Haryana and others ...Respondents (50) R.F.A. No. 2535 of 2007 (O&M) Smt. Kamal Sharma ....Appellant Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [11] (51) R.F.A. No. 2536 of 2007 (O&M) Jalaba Ram and others ....Appellants Versus State of Haryana and others ...Respondents (52) R.F.A. No. 2650 of 2007 (O&M) Sukhdei and others ....Appellants Versus State of Haryana and others ...Respondents (53) R.F.A. No. 2895 of 2007 (O&M) Kamlesh Kumari ....Appellant Versus State of Haryana and others ...Respondents (54) R.F.A. No. 3046 of 2007 (O&M) Karam Singh and others ....Appellants Versus State of Haryana and others ...Respondents (55) R.F.A. No. 3047 of 2007 (O&M) Smt. Chameli Devi and others ....Appellants Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [12] (56) R.F.A. No. 3170 of 2007 (O&M) Sadhu and others ....Appellants Versus State of Haryana and others ...Respondents (57) R.F.A. No. 3171 of 2007 (O&M) Subash Chand and another ....Appellants Versus State of Haryana and others ...Respondents (58) R.F.A. No. 3536 of 2007 (O&M) Om Parkash and others ....Appellants Versus State of Haryana and others ...Respondents (59) R.F.A. No. 3979 of 2007 (O&M) Smt. Kalo and others ....Appellants Versus State of Haryana and others ...Respondents (60) R.F.A. No. 531 of 2008 (O&M) Smt. Sukhdevi and others ....Appellants Versus State of Haryana and others ...Respondents R.F.A. No. 5466 of 2008 [13] (61) R.F.A. No. 1970 of 2008 (O&M) Sushil Kumar and another ....Appellants Versus State of Haryana and others ...Respondents (62) R.F.A. No. 1971 of 2008 (O&M) Krishan Kumar ....Appellant Versus State of Haryana and others ...Respondents (63) R.F.A. No. 4722 of 2008 (O&M) Dalip Singh ....Appellant Versus State of Haryana and others ...Respondents (64) R.F.A. No. 4723 of 2008 (O&M) Gurmit Singh ....Appellant Versus State of Haryana and others ...Respondents (65) R.F.A. No. 5467 of 2008 (O&M) Santro ....Appellant Versus Land Acquisition Collector, Hissar and another ...Respondents R.F.A. No. 5466 of 2008 [14] (66) R.F.A. No. 5468 of 2008 (O&M) Prem Chand and others ....Appellants Versus The State of Haryana and another ...Respondents (67) R.F.A. No. 5469 of 2008 (O&M) Ganga Devi ....Appellant Versus The State of Haryana and another ...Respondents (68) R.F.A. No. 5470 of 2008 (O&M) Harikesh Dutt ....Appellant Versus The State of Haryana and another ...Respondents (69) R.F.A. No. 5471 of 2008 (O&M) Devi Ram ....Appellant Versus Land Acquisition Collector, Hissar and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Rakesh Nagpal and Mr. M. S. Kohli, Advocates for the land owners. Mr. Partap Singh, Senior Deputy Advocate General, Haryana for the State. Rajesh Bindal J. This order will dispose of a bunch of 69 appeals, as the same arise R.F.A. No. 5466 of 2008 [15] out of a common acquisition. The land owners are in appeal seeking further enhancement of compensation for the acquired land. The facts have been extracted from R.F.A. No. 5466 of 2008. Briefly, the facts are that land measuring 239.87 acres, situated in village Patti Gaddar, Kaihal Hadbast No. 19, Tehsil and District Kaithal, was acquired vide notification dated 19.7.2002 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for residential and commercial Sector 18, Kaithal. The same was followed by notification dated 17.7.2003, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') gave award of Rs. 5,00,000/-per acre. Aggrieved against the same, the land owners filed objections which were referred to the learned Additional District Judge, Kaithal, who keeping in view the material placed on record by the parties, assessed the market value of the acquired land @ Rs. 350/- per square yard. Though learned counsel for the land owners assailed the award of the learned court below claiming that the compensation, as was assessed, requires further increase in view of the evidence led by them, which was ignored by the learned court below, while relying upon merely minimum rates fixed by the Collector for registration of sale deeds. On the other hand, learned counsel for the State submitted that the land owners have already been granted much more compensation, than what they deserved. He further submitted that even the State had filed appeals, which are yet to be admitted. In my opinion, the contentions raised by learned counsel for the parties are not required to be dealt with in much detail for the reason that for the acquisition carried out vide notification dated 9.8.2002 for the purpose of development and utilisation of the land as residential, commercial and institutional Sector 21, Kaithal, the learned Reference Court in the same manner had determined the amount of compensation payable to the land owners while relying upon the rates fixed by the Collector for registration of sale deeds. The same being in contravention to the law laid down by Hon'ble the Supreme Court in Krishi Utpadan Mandi Samiti Sahaswan District Badaun through its Secretary v. Bipin Kumar and another, (2004) 1 SCC 283, in R.F.A. No. 361 of 2007 –Jiwan Dass v. State of Haryana and another, decided on 5.12.2008, the award therein was set aside and the matter was remitted back to the learned Reference Court for fresh consideration of the material placed on record by the parties. As in the present appeals also, a perusal of the impugned award R.F.A. No. 5466 of 2008 [16] shows that the learned court below has merely relied upon Ex. P42, the rates fixed by the Collector for registration of sale deeds in the area and detemined the compensation on the basis thereof, the same being contrary to the judgment of Hon'ble the Supreme Court in Bipin Kumar's case (supra) and the issue having already been dealt with by this Court in Jiwan Dass's case (supra), for the reasons stated therein, the impugned award of the learned court below is set aside and the matter is remitted back to the learned Reference Court for fresh consideration of the material placed on record by the parties. Parties through their counsels are directed to appear before the learned District Judge, Kaithal on 16.5.009 for further proceedings. The learned District Judge may either keep the reference with him or entrust the same to any other Additional District Judge. It is further directed that the amount of compensation already paid to the land owners in terms of the impugned award shall not be recovered back from them in view of setting aside thereof. However, the same shall abide by any final order passed by the learned Reference Court afresh. The appeals are disposed of in the manner indicated above. (Rajesh Bindal) Judge 27.3.2009 mk