Rakesh Kumar Jain,J. (Oral):-This judgment shall dispose of 39 Regular First Appeals bearing RFA Nos. 1600, 1142,962, 1144 to 1161,1222,1223, 1247,1249, 1596 to 1599, 2640, 748, 749,757, 796,810, 868 to 870 and 1143 of 2000 preferred by the landowners as well as the State of Haryana, against the award of the learned Reference Court dated 27.1.2000, as common questions of law and facts are involved in these appeals. The facts are however, taken from RFA No.1600 of 2000 (Gian Chand v. State of Haryana and another).

2. In order to acquire 1738 kanals 13 marlas of land situated in the revenue estate of village Tajewala, Tehsil Chhachhrauli, District Yamuna Nagar for public purpose, namely for the construction of ‘Western Yamuna Canal Hydro Electric Project Stage-II’, the Power Department of Government of Haryana got issued a notification dated 02.12.1996 under Section 4 of the Land Acquisition Act, 1894 (for short,’the Act’). Notification of declaration was issued under Section 6 of the Act on 08.4.1997, and was published in the official Gazette on the same day, whereby the Government had decided to acquire 701 kanals 7 marlas of land out of the land notified under Section 4 of the Act.

3. The Land Acquisition Collector, Public works Department (Power) Haryana,Ambala City (in short the Collector) announced his award No. 3 dated 14.10.1997 for the year 1997-98 in respect of land measuring 688 kanals 13 marlas and assessed the compensation @ Rs.96,000/- per acre for Nehri, Rs.48,000/- per acre for Barani and Rs. 36,000/- per acre for Banjar Qadim/Gair Mumkin.

4. The landowners/claimants remained unsatisfied with the award of the Collector thus they filed objections 18 of the Act in which it was, inter-alia, averred that the value of the acquired land was not less than Rs.5 lacs per acre at the time of issuance of notification under Section 4 of the Act. In some cases, compensation awarded in respect of trees was also disputed.

5. The State of Haryana contested the reference petitions. In reply, it was, inter-alia, alleged that the compensation awarded by the Collector is in accordance with the market value prevalent in the locality and is justified. Replication was filed in some of the reference petitions in which the averments made in the written statement were denied and those of the claim petitions were reiterated.

6. Both the parties led their respective evidence. The landowners/claimants examined PW-1 Bal Krishan, who proved sale deed Ex.P-1 whereby he sold 3 kanals of land for Rs.33,000/-; PW-2 Jaswant Singh one of the claimants proved sale deeds Exs. P-2 and P-3 and notice under Section 9 of the Act received by him and some other members of his family i.e. Ex. P-4; PW-3 Virender Kumar prepared the site plan Ex.P-5; PW-4 Sanjiv Khera, official of the office of Deputy Commissioner, Yamuna Nagar produced letter dated 4.4.1997 written by Tehsildar Chhachhrauli to the D.C. Ex.P-6 showing the valuation of different kinds of land; PW-5 Braham Dutt, Patwari Halqa Tajewala, prepared the site plan Ex. P-7; PW-6 Surinder Singh proved sale consideration of land measuring 3 kanals 5 marlas in village Tajewala purchased by him for Rs. one lac vide sale deed Ex.P-8; PW7 Sudesh Kumar proved two receipts copies Ex.P-9 and Ex.P-10 whereby he received Rs.1,34,000/- and Rs. 1,58,000/- respectively; PW-8 Lakhbir Singh proved receipts copies Ex.P-11 to Ex.P- 13 for having received Rs.1,15,000/- Rs.92,000/- and Rs.1,52,000/- as charges for leveling part of the acquired land in village Tajewala; PW-9 Mohan Lal proved receipts Exs. P-14 to P-16 for having received Rs.109200/- as charges for levelling part of the acquired land in village Tajewala; PW-10 Lal Singh proved sale consideration of sale deed Ex.P- 17 dated 04.9.1991 whereby he had purchased land measuring 73 kanals 5 marlas; PW-11 Hoshyari Ram stated that out of their 20 marlas of land, 10 marlas has been acquired and their land on which house has been constructed is adjoining the ma