JUDGMENT :

HARKESH MANUJA, J.

1. The appellant, by instituting the present appeal preferred under Section 54 of the Land Acquisition Act, 1894 (for short “1894 Act”), seek setting aside of award dated 28.10.1994 passed by the learned Additional District Judge, Patiala (hereinafter to be referred as “Reference Court”) while restoring the Award passed by the Land Acquisition Collector (for short “LAC”)

2. Briefly, the facts are that in pursuance of Punjab Govt. Notification under Sections 4 & 6 of the 1894 Act issued on 12.03.1987 and 13.03.1987 respectively, certain land of the respondents-landowners, situated within the revenue estate of Village Mehtabgarh, Tehsil Fatehgarh Sahib, was acquired for construction of Bhua Kheri Distributory. The LAC vide award dated 28.01.1988 assessed the market value of the acquired land at the rate of Rs. 35,000/- per acre. The LAC, vide supplementary Award No. 313/P-SYL, dated 24.10.1988 awarded 15% severance compensation for the severed land subject to a maximum of 5 acres beyond the distributory.

3. Aggrieved of the assessment made by the LAC, the respondents-landowners preferred a reference petition under Section 18 of the 1894 Act, which came to be