R.F.A. No. 1155 of 1998 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 1155 of 1998 Date of decision: 16.02.2010 Smt. Akbari ....Appellant Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Ashok Khubbar, Advocate, and Mr. S.S. Dinarpur, Advocate, for the appellant(s). Mr. Sukant Gupta, Addl. A.G., Haryana. VINOD K. SHARMA, J.(ORAL) This judgment shall dispose of RFA No. 1155 of 1998, RFA No.1156 of 1998, RFA No. 1199 of 1998, RFA No. 1200 of 1998 and RFA No.1201 of 1998, as common questions of law and facts are involved. For brevity sake, facts are being taken from RFA No. 1155 of 1998. The State of Haryana, issued a notification dated 19.4.1994, under Section 4 of the Land Acquisition Act, for acquiring the land of the appellants, for setting up of sewerage treatment plant. The learned Collector announced the award on 17.4.1995, and awarded compensation @ Rs.1,20,035/- (Rupees one lac twenty thousand and thirty five only) for chahi, and Rs.22,683/- (Rupees twenty two thousand six hundred and eighty three only) for gair mumkin, i.e. the compensation awarded, qua the land acquired in pursuance to the R.F.A. No. 1155 of 1998 -2- notification dated 16.12.1994. The appellants sought reference under Section 18 of the Land Acquisition Act, seeking enhancement of compensation by placing reliance on sale deeds Ex.P1 to Ex.P4. The sale deeds Ex.P1 to Ex.P4 were ignored by learned Reference Court by placing reliance on the judgment of the Hon'ble Supreme Court in A.P. State Road Transport Corporation, Hyderabad Vs. P. Venkaiah and others, AIR 1997 Supreme Court 2600, as the appellants had failed to examine the vendor/vendees. This finding of the learned Reference Court on the face of it cannot be sustained, as the judgment in the case in A.P. State Road Transport Corporation, Hyderabad Vs. P. Venkaiah and others (supra) was overruled by the Hon'ble Supreme Court in Cement Corporation of India Ltd. etc. etc. Vs. Purya and others etc. etc., AIR 2004 Supreme Court 4830. The appellants moved an application for leading additional evidence, to place on record the award passed by the learned Collector in another connected reference arising out of the acquisition vide notification dated 16.12.1994, for the same purpose. As the award passed by the learned Reference Court, is necessary for just decision by this Court, and to adjudicate the claim of the appellants, the additional evidence application is allowed, and the award is taken on record as “Ex.A”. These appeals were ordered to be heard with connected appeals i.e. RFA No. 1177 of 1998 and others. In view of the evidence on record, the award passed by the learned Reference Court cannot be R.F.A. No. 1155 of 1998 -3- sustained, as it cannot be said, that no evidence was led by the appellants, in support of their plea for enhancement. The case of the appellants is squarely covered by the decision of the learned Reference Court vide which the compensation payable to the landowners was enhanced to Rs.2,80,000/- (Rupees two lac and eighty thousand only) per acre. The award passed by the learned Reference Court was upheld by this Court, in RFA No. 1177 of 1998 decided on 17.7.2009. These appeals are allowed. The compensation awarded for the land acquired, is enhanced to Rs.2,80,000/- (Rupees two lac and eighty thousnad only) per acre. The appellants in addition shall also be entitled to 30% solatium, on the enhanced compensation, as also other statutory benefits i.e. interest etc, as per Land Acquisition Act. No costs. (Vinod K. Sharma) Judge February 16, 2010 R.S.