RFA-4705-2001 (O&M) --1-- 110 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-4705-2001 (O&M) DECIDED ON:-05.09.2025 Gaushala Talwandi Bhai thr. Sant Mahesh Muni ....Appellant.. vs. Collector Land Acquisition Colonization Deptt., Punjab and another ....Respondents. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Mukand Gupta, Advocate, for the appellant. Mr. Gunjan Mehta, Addl. A.G.Punjab. ***** HARKESH MANUJA J. 1. The present appeal has been filed at the instance of the appellant-landowner, seeking enhancement of compensation for the acquired land. 2. Brief facts of the case are that some land owned by the appellant-landowner, situated in the revenue estate of Talwandi Bhai, District Ferozepur, came to be acquired vide notification dated 16.10.1989, issued under Section 4 of the Land Acquisition Act, 1894 (for short, “1894 Act”), for the purpose, namely, construction of grain market. Vide award dated 13.10.1992, the Land Acquisition Collector, assessed the market value SONIKA 2025.09.08 17:56 I attest to the accuracy and authenticity of this document RFA-4705-2001 (O&M) --2-- of the acquired land at the rate of Rs.60,000/- per acre. 2.1 Aggrieved of the aforesaid award, the appellant-landowner invoked reference under Section 18 of the 1894 Act, seeking enhancement of compensation. Upon consideration of the material available on record, the Reference Court vide its award dated 27.02.2001, assessed the market value of the acquired land at the rate of Rs.4,00,000/- per acre along with statutory benefits. Hence, the present appeal for further enhancement of compensation. 3. Learned counsel for the parties are ad idem that the matter in issue is squarely covered by the decision rendered by the Hon’ble Supreme Court in Civil Appeal Nos.3279-3287-2013, titled as “Ashrafi and others vs. State of Haryana and others”, decided on 11.04.2013. 4. I have heard learned counsel for the parties and gone through the paper book. 5. In view of aforesaid stand taken by counsel for the parties, the present appeal stands disposed of in terms of the decision rendered by the Hon’ble Supreme Court in Ashrafi’s case (supra) and the relevant para thereof is reproduced hereunder for reference”- “39. In Sucha Singh's case, Mr. Kapoor had submitted that the Land Acquisition Collector had awarded the compensation at the rate of Rs.40,000/- per acre, which was enhanced by the Reference Court to Rs.4,60,000/- up to one killa and to Rs.4,00,000/- beyond one killa. On appeal to the High Court, the amounts were reduced to Rs.3,74,400/- per acre up to one acre and Rs.2,24,640/- per acre beyond one acre. According to Mr. Kapoor, while the average sale price had been found to be Rs.6,23,997/- per acre, together with increase of 12% per annum, the figure would amount to Rs.7,82,746/- per acre. However, although the land belonging to Mr. Kapoor's clients fell within the municipal limits of Talwandi Bhai, a deduction of 40% was unjustified. On the SONIKA 2025.09.08 17:56 I attest to the accuracy and authenticity of this document RFA-4705-2001 (O&M) --3-- other hand, a cut of 33/1/3 per cent would be more realistic. Accordingly, the compensation for the said lands, after taking into consideration the deduction of 33/1/3 per cent is assessed at Rs.7,25,000/- per acre.” 7. Pending application, if any, also stands disposed of. 05.09.2025 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/ No SONIKA 2025.09.08 17:56 I attest to the accuracy and authenticity of this document