Rakesh Kumar Jain, J.:-This order shall dispose of two appeals bearing R.F.A. No.355 of 1993 and R.F.A. No.2307 of 1993, since both of them have been filed against the same award of Addl. District Judge, Jalandhar dated 05.1.1993.

2. The facts are being taken from R.F.A. No.355 of 1993.

3. Vide notification dated 03.6.1987 issued under Section 4 of the Land Acquisition Act, 1894 (for short,’ the Act’) which was followed by notification issued under Section 6 dated 16.7.1987, land measuring 2 kanals situated in the area of village Boot was acquired by the Punjab Government for erection of 33 KV Sub Station.

4. At the time of acquisition of the land, it was having super structure, which too was acquired. The Collector vide his award dated 31.8.1988 assessed the market value of the land @ Rs.4000/- per marla and also awarded Rs.41,448/- on account of super structure along-with 30% solatium and 12% acquisition charges w.e.f. 19.6.1987 to 31. 8.1988.

5. The land owners dissatisfied with the award of the Collector filed objections under Section 18 of the Act, which were referred by the Collector to the District Judge, where on the basis of pleadings of the parties, following issues were framed:-

1. What was the market value of the acquired land at the time of its acquisition ? OPA

2. Relief:

6. On the basis of the evidence of the parties, Addl. Distrtict Judge, Jalandhar, vide his award dated 05.1.1993, reassessed the market value of the land @ Rs. 6000/-per marla and for super structure @ Rs.60,000/- excluding the amount already received by land owners.

7. The Addl. District Judge, in order to reassess the market value relied upon a judgment Ex. AX which pertains to the land adjoining to the land in question which was a pond and was acquired by the Municipal Corporation in the year 1982 (sic). The Collector awarded Rs. 1000/- per marla which was enhanced by the Addl. District Judge, Jalandhar to Rs. 3000/- per marla. Keeping in view the difference between two acquisition 1982 ( sic) and 1987 (present acquisition) and also to the effect that earlier acquired land in the year 1982 was a pond, the Addl. District Judge, granted Rs. 6000/- per marla by giving five years benefit to the land owners. In respect of the super structure, the appellants have though produced expert report, who had assessed the value @ Rs.83,888/- and was not even controverted by the respondents, the Court below assessed @ Rs. 60,000/-.

8. Mr. Amit Jain, counsel for the appellants has argued that the judgment Ex. AX which pertains to the acquisition of the land adjoining to the land of the appellants was challenged by those claimants by way of RFA Nos. 328 of and 1050 of 1990 titled Gurpreet Singh and another v. State of Punjab and others and the same has been allowed by Hon’ble Mrs. Justice Nirmal Yadav, vide her order dated 09.9.2005 assessing the market value of the land @ Rs. 9400/- per marla. The aforesaid case has been reported as Gurpreet Singh and others v. State of Punjab and others 2006 (1) P.L.R. 277. Counsel for the appellants has, however, clarified that earlier acquisition was of 19.4.1983 and not of 1982 as recorded by the Court below. It is argued that since the judgment Ex. AX on the basis of which compensation has been enhanced by the Court below from Rs. 3000/- to Rs. 6000/- per marla has already been modified to the extent that the compensation has been reassessed by the Hon’ble High Court to the tune of Rs. 9400/- per marla, the appellants are entitled to the amount of Rs. 9400/- per marla along-with escalation of five years. Counsel has also further argued that there is evidence on record which has not been appreciated by the Court below in its right perspective. He has referred to the documents Exs. A-4, A-5 and A-6 dated 22.11.1983, which are small plots of 93 square yards having been auctioned near the land in question. According to the counsel, roughly Rs. 25000/- per marla is the value of the land as on 22.11.1983. In this rega