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Judgment
Rajesh Bindal, J.—This order will dispose of two appeals bearing RFA Nos. 809 of 1994 and 1297 of 2000, as common questions of law and facts are involved therein. The landowners are in appeal seeking enhancement of compensation for the acquired land, whereas, the State is in appeal seeking reduction thereof.
Brief facts of the case are that vide notification dated 14.06.1985, issued u/s 4 of the Land Acquisition Act 1894 (for short "the Act"), land measuring 4.98 acres situated in the area of village Jharsa, Tehsil and District Gurgaon was acquired by the State of Haryana for construction of Delhi-Jaipur road to village Jharsa. The same was followed by notification dated 05.03.1986 issued u/s 6 of the Act. The Land Acquisition Collector (for short "the Collector") assessed the market value of the acquired land @ Rs. 93,440/- per acre for all kind of land. The landowners feeling dissatisfied with the award of the Collector, filed objections. Considering the material placed on record, the learned court below vide its award dated 03.12.1993 determined the market value of the acquired land @ Rs. 170/- per square yard for the land falling upto 10 yards deep on both sides of National Highway No. 8, @ Rs. 127.50 per square yard for the land falling upto 10 yards deep on the both sides of Gurgaon-Jharsa road and @ Rs. 85/- per square yard for the remaining land.
Learned counsel for the State fairly submitted that the claim made in the present set of appeals is squarely covered by the judgment of this Court in RFA No. 1312 of 1994, titled as State of Haryana and another Vs. Smt. Phool Kaur and others, decided on 16.03.2009, whereby the award of the Reference Court was upheld. The amount of compensation assessed in the present case is also in the same terms. Accordingly, the claim made in the appeals does not survive. For the detailed reasons recorded in Smt. Phool Kaur''s case (supra), the present appeals are dismissed.