RFA No. 1874 of 1994 -1- In the High Court of Punjab & Haryana at Chandigarh RFA No. 1874 of 1994 (O&M) Date of decision : 17.9.2010 Smt. Vidya Wati ..... Appellant vs Haryana State and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. C. B. Goel, Advocate, for the appellant. Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J. The landowner is in appeal against the award of the learned court below seeking further enhancement of compensation for the acquired land and the super-structures existing thereon. Briefly, the facts are that the land along with structures situated within the revenue estate of Hisar, was acquired by the State Government vide notification dated 23.5.1983 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for development of Sector-13, Urban Estate, Hisar. The Land Acquisition Collector (for short, `the Collector') assessed the market value of the acquired land at ` 9.99 per square yard.. Aggrieved against the award of the Collector, the land owner filed objections. On reference under Section 18 of the Act, the learned court below assessed the compensation of ` 62,883/- for the superstructure on the basis of estimates prepared by RW1 T. D. Chopra, SDO, and relying upon judgment of this court dated 24.2.1994 assessed the market value of the acquired land @ ` 120/- per square. It is this award of the learned Reference Court which is impugned in the present appeal. Learned counsel for the appellant conceded that the market value of the acquired land in the present case was determined by the court below on the basis of judgment of this court in RFA No. 164 of 1991 Roop Basant vs State of Haryana and another, dated 24.2.1994, which was further upheld by this court. Since the learned court below had assessed the market value of the acquired land on the basis of judgment of this court in Roop Basant's case (supra), no case for further enhancement is made out. RFA No. 1874 of 1994 -2- In so far as the assessment of compensation for the superstructure existing on the acquired land is concerned, the learned court below had only granted the value which was assessed by the departmental representatives. Considering the fact that this court in various judgments such as RFA No. 727 of 2001—Narinder Singh vs Union Territory, Chandigarh, decided on 4.2.2009, RFA No. 3921 of 2007—Arunash Chander Kaushik and others vs Union Territory, Chandigarh, decided on 10.2.2009, RFA No. 3004 of 2006—Surjit Singh vs State of Punjab and another, decided on 2.3.2009 and R.F.A. No. 2804 of 2008- Joginder Singh vs Union Territory, Chandigarh, decided on 10.3.2010, had granted 25% increase on the cost of superstructure as was assessed by the Collector, accordingly the appellant is granted increase @ 25% on the value of superstructure as has been assessed i.e. ` 62,883/-. She shall also be entitled to all statutory benefits available under the Act. The impugned award of the learned court below is modified to the extent mentioned above. The appeal stands disposed of accordingly. 17.9.2010 (Rajesh Bindal) vs. Judge