RFA No.2327 of 2001 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.2327 of 2001 (O&M) Date of decision: 18.8..2009 Jagir Singh (Dead) through LRs. & Ors. ...Appellants Versus State of Haryana & Anr. ...Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Arun Singal, Advocate, for the appellants. Mr. Rajiv Kwatra, Sr.DAG, Haryana, --- VINOD K. SHARMA, J (Oral CM No.12588-CII of 2008 This is an application under section 151 of the Code of Civil Procedure has been moved for the disposal of this appeal in terms of order dated 5.8.2008 passed in RA No.84 of 2007 in RFA No.2600 of 2001 titled Bahadur Chand Vs. State of Haryana. Notice of the application was issued. Learned Sr.DAG, RFA No.2327 of 2001 2 Haryana concedes that the appeal is squarely covered. Civil Misc.is allowed. RFA is taken up for hearing with the consent of the parties. RFA No.2327 of 2001 The appellants have challenged the award passed by the learned Additional District Judge, Panipat on reference under section 18 of the Land Acquisition Act (for short the Act). Pursuant to the notification No. LAC(P)-NTLA-93/1187 dated 2.3.1993 published in Haryana Government (Extra Ordinary) Gazette dated 2.3.1993 under section 4 of the Act, which was followed by subsequent notification No.LAC(P)-NTLA-94/804 dated 1.3.1994 issued under section 6 of the Act, the Haryana Government acquired 385.44 acres of land including that of the appellants, situated in village Nizampur, Sarai Bachhra, Azizulapur, Patti Magdum Jagdan Patti Taraf Insar and Faridpur Tehsil and District Panipat for public purpose i.e. for development and utilization of land as residential and commercial area in Sector-18, Panipat under the Haryana Development Authority Act, 1977. Learned additional District Judge, Panipat fixed the market value of the land at Rs.185.60P (Rupees one hundred eighty five and paise sixty only) per square yard. In addition, appellants were also held entitled to solatium as well as other statutory benefits under the provisions of Section 23 (1-A), 23 (2) and 28 of the Act In appeal, the appellants claimed compensation at the rate of Rs.3000/- (Rupees three thousand only) per square yard. RFA No.2327 of 2001 3 It is not in dispute that other owners of the land acquired had challenged the award passed by the learned reference court by way of RFA No.2600 of 2001 titled Bahadur Chand Vs. State of Haryana. This court vide judgment dated 2.11.12006 upheld the award. Bahadur Chand appellant thereafter filed a review petition. Hon'ble Division Bench of this court accepted the review and enhanced the compensation to Rs.206/- (Rupees two hundred and six only) per square yard along with other statutory benefits. This appeal admittedly is squarely covered by the decision of this court in RA No.84 of 2007 in RFA No.2600 of 2001 titled Bahadur Chand Vs. state of Haryana decided on 5.8.2008. The appeal is allowed. Market value of the acquired land is enhanced to Rs.206/-(Rupees two hundred and six only) per square yard. In addition, the appellants shall also be entitled to 30 per cent solatium and all other statutory benefits on enhanced compensation. No costs. 18.08.2009 (Vinod K. Sharma) rp Judge