R.F.A. No. 2106 of 2006 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 2106 of 2006 (O&M) Date of decision: 2.2.2011 State of Haryana .....Appellant vs Banwari and others .....Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. U. K. Agnihotri, Mr. S. N. Pillania, Mr. Amit Kumar Jain, Mr. S. K. Bhardwaj, Mr. S. K. Verma, Advocates, and Mr. Ram Kumar Saini, Advocate for Mr. R. N. Lohan, Advocate, for the landowners. Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J. This order will dispose of the following appeals bearing RFA Nos. 2106 to 2109, 2499 to 2518, 2813, 2912, 2913, 2915 to 2917, 2919, 2921 to 2927, 2949, 2999, 3035, 3036, 3927, 3985, 3986, 4016, 4160, 4732 to 4739, of 2006; RFA Nos. 55 to 57, 1096, 1425 to 1441, 1484 to 1501, 1594 to 1597, 1603, 1604, 1698, 1889 to 1893, 2175 to 2189, 2210, 2211, 2216, 2313, 2344, 3080, 3081, 3090, 3169, 3177 to 3180, 3273 to 3314, 3316 to 3331, 3414 to 3417, 3473 to 3479, 3540, 3579, 3597, 3700, 4056, 4130 to 4132, 4201 to 4204, 4243 to 4245 of 2007; RFA Nos. 191 to 200, 286, 287, 415, 554 to 558, 855 to 857, 860, 861, 1718, 2192 to 2206, 2636 to 2644, 2886, 3243, 4143, 5741 of 2008; RFA Nos. 1534, 1735 to 1737, 3135 of 2009; and RFA Nos. 2292 and 3040 of 2010; as common questions of law and facts are involved. In the appeals filed by the land owners, they are seeking further enhancement of compensation for the acquired land. Whereas in the appeals filed by the State of Haryana, prayer is for reduction thereof. R.F.A. No. 2106 of 2006 [2] Briefly the facts of the case are that State of Haryana vide notification dated 30.8.2000 issued under Section 4 of the Land Acqusition Act, 1894 (for short, 'the Act), sought to acquire land situated in villages Kinana, Pillukhera, Siwah, Gosai Khera, Bhuran Kalwan, Biroli, Anupgarh, Jind, Kalwa, Radhana, Kharak Rami, and Barah Khurd, District Jind, for construction of Kalwa-Kinana Drain. The same was followed by notification dated 12.1.2001 issued under Section 6 of the Act. The Collector awarded compensation for the acquired land of different villages at the following rates:- Name of the village Compensation assessed in ` Kinana 1,80,000/- per acre for nehri and ` 3,00,000/- per acre for the land near National Highway road on both sides upto one acre. Pilukhera/Siwah 1,50,000/- per acre. Gosai Khera 1,50,000/- per acre for nehri and ` 75,000/- per acre for barani land. Bhuran Kalan 1,50,000/- per acre. Biroli/Anoopgarh 1,50,000/- per acre Jind 1,70,000/- per acre for nehri/ chahi, ` 3,00,000/- per acre for gair mumkin and ` 2,50,000/- per acre for the land near National Highway upto one acre. Kalwa 1,50,000/- per acre for nehri and ` 2,50,000/- per acre for gair mumkin land. Radhana 1,70,000/- per acre for nehri/chahi and ` 3,00,000/- per acre for gair mumkin, and ` 2,50,000/- per acre for the land near National Highway on both sides upto one acre. Kharak Ramji 1,50,000/- per acre Barah Khurd 1,50,000/- per acre for nehri and ` 2,00,000/- per acre for the land near National Highway on both sides upto one acre. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land at the following rates:- Name of the village Compensation assessed in ` Kinana 3,00,000/- per acre Pilukhera/Siwah 3,00,000/- per acre Gosai Khera 3,00,000/- per acre for nehri and ` 1,50,000/- per acre for barani land. Bhuran Kalan 3,00,000/- per acre Biroli/Anoopgarh 3,00,000/- per acre R.F.A. No. 2106 of 2006 [3] Name of the village Compensation assessed in ` Jind 5,00,000/- per acre for the land near National Highway upto one acre and ` 4,00,000/- per acre for the remaining land Kalwa 3,00,000/- per acre Radhana 5,00,000/- per acre for the land near National Highway upto one acre and ` 4,00,000/- per acre for the remaining land Kharak Ramji 3,00,000/- per acre Barah Khurd 5,00,000/- per acre for the land near National Highway upto one acre and ` 4,00,000/- per acre for the remaining land Both the parties are before this court against the aforesaid awards of the learned court below. Learned counsel for the parties submitted that the issues raised in the present set of appeals are similar to what was raised in the appeals which have been disposed of vide judgments dated 19.1.2011 passed in RFA No. 2564 of 2005 – Kailasho and others vs State of Haryana and dated 20.1.2011 passed in RFA No. 2112 of 2006- Pawan and others vs State of Haryana, whereby this court while setting aside the impugned awards, remitted the cases back to the learned court below for fresh decision after permitting the parties to lead further evidence to justify their claim. Acquisition in the present set of appeals and the cases already decided is for the purpose of construction of various small drains in the same area. The learned court below also determined compensation in the same manner. Accordingly, for the reasons recorded in the aforesaid judgments, the present appeals are also disposed of in the same terms. The parties through their counsels are directed to appear before learned District Judge, Jind on 5.3.2011. It would be appropriate if District Judge clubs the cases with the cases remitted earlier. The learned court below shall dispose of the cases expeditiously preferably by the end of year 2011 after affording adequate opportunities to both the parties, may be by giving short dates. 2.2.2011 (Rajesh Bindal) vs Judge