R.F.A. No. 2381 of 1990 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: December 01, 2008 (1) R.F.A. No. 2381 of 1990 Ram Kishan and others .. Appellants v. State of Haryana and another .. Respondents (2) R.F.A. No. 2444 of 1990 Ram Niwas and others .. Appellants v. State of Haryana and another .. Respondents (3) R.F.A. No. 145 of 1991 Parwati (deceased) through LRs and others .. Appellants v. Haryana State .. Respondent (4) R.F.A. No. 471 of 1991 Haryana State .. Appellant v. Parwati (deceased) through LRs and others .. Respondents (5) R.F.A. No. 1115 of 1991 Sher Singh (deceased) through LR and another .. Appellants v. The State of Haryana and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL R.F.A. No. 2381 of 1990 [2] Present: Mr. Amit Kumar Jain, Advocate for the appellants in R.F.A. Nos. 145 and 471 of 1991. Mr. Lokesh Sinhal, Additional Advocate General, Haryana for the State. Rajesh Bindal J. This order will dispose of a bunch of 5 appeals, as the same arise out of a common acquisition. R.F.A. Nos. 2381, 2444 of 1990, 145 and 1115 of 1991 have been filed by the land owners seeking further enhancement of compensation for the acquired land. R.F.A. No. 471 of 1991 has been filed by the State seeking reduction of the amount of compensation awarded to the land owners. The facts have been noticed from R.F.A. No. 2381 of 1990. Briefly, the facts are that land measuring 19.95 acres, situated in Village Gurgaon, Hadbast No. 55, Tehsil and District Gurgaon was acquired vide notification dated 22.11.1984, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for development and utilisation as residential and commercial area for Sector 12, Gurgaon. The same was followed by notification under Section 6 of the Act on 22.2.1985. The Land Acquisition Collector (for short, `the Collector') gave award of Rs. 73,600/- per acre for chahi land and Rs. 60,800/- per acre for Magda/Banjar and Gair mumkin Path/Tubewell plots. The land owners filed objections which were referred to the learned Court below for consideration, who keeping in view the material placed on record by the parties, awarded compensation of Rs. 80/- per square yard. Learned counsel for the land owners submitted that in R.F.A. No. 983 of 1993-- Sewa Singh v. State of Haryana and another, decided on 10.11.2008, this Court had determined the value of the acquired land therein vide notification dated 28.3.1985 at Rs. 87.50 per square yard. The land in the present case pertained to the same village Gurgaon and is located in close vicinity and there being small gap in the dates of acquisition of land, same compensation should be awarded to them. Learned counsel for the State submitted that there had been repeated acquisitions for the land pertaining to Village Gurgaon. Earlier the land was acquired vide notification dated 10.12.1982, where this Court in R.F.A. No. 325 of 1990 –Sagar Chand and another v. Haryana State, decided on 5.11.2008, upheld the award of the Reference Court determining the value of the land at Rs. 70/- per R.F.A. No. 2381 of 1990 [3] square yard and in Sewa Singh's case (supra), as is sought to be relied upon by the land owners, for the acquisition carried out vide notification dated 28.3.1985 subsequent to the acquisition in the present case, the value has been assessed at Rs. 87.50 per square yard. The acquisition in the present case being in between should not be granted same compensation as was assessed for the acquisition carried out later in time. None of the counsel for the parties have pointed out as to the decision or pendency of any other case pertaining to the acquisition under consideration. Even though a perusal of the impugned award shows that reliance was placed by the learned Reference Court on its earlier award pertaining to the same acquisition. Having heard learned counsel for the parties, I find the claim of the land owners in the present case for grant of compensation at the rate it was granted in Sewa Singh's case (supra) to be not reasonable. Considering the fact that for the acquisition carried out vide notification dated 10.12.1982, the value of the acquired land for the same village was determined at Rs. 70/- per square yard and for the land acquired vide notification dated 28.3.1985, the same was determined at Rs. 87.50 per square yard. The acquisition in the present case being nearly two years after the first acquisition and about 4 months prior to the later acquisition, in my opinion, increase of 20% taking the base of Rs. 70/- for the acquisition carried out on 10.12.1982 would be appropriate. Accordingly, the value of the acquired land in the present set of appeals is determined at Rs. 84/- per square yard. The land owners shall also be entitled to all the statutory benefits as available under the Act. Accordingly, the appeals filed by the land owners are allowed and the appeal filed by the State is dismissed. (Rajesh Bindal) Judge December 01, 2008 mk