JUDGMENT :

HARKESH MANUJA, J.

1. By way of filing the present appeal challenge has been laid to the Award dated 02.11.1995, passed by the learned Additional District Judge, Rohtak, (hereinafter referred to as the ‘Reference Court’).

2. Briefly stating, 17.04 acres of land (later found to be 17.55 acres), situated within the revenue estate of Village Dawarkhana, Hadbast No.75, the then Tehsil Jhajjar, was acquired by the Government of Haryana vide notifications dated 04.06.1990 (published on 22.06.1990) and 26.11.1990 (published on 04.12.1990), issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose i.e. for “construction of Gurgaon Water Supply Channel from RD 49950 to 58000 K.M.” The Land Acquisition Collector (for short ‘the LAC’) vide award dated 04.06.1991 assessed market value in respect of the acquired land @ Rs.1,00,000/- per acre for Nehri/Chahi land, Rs.80,000/- per acre for Barani land and Rs.60,000/- per acre for Banjar and Gair Mumkin land, along with all other statutory benefits under the Act.

3. Dissatisfied with the aforesaid award, the appellant/ landowner filed reference petition invoking Section 18 of the Act, which came to be disposed of vide award dated 02.11.1995 passed by the learned Reference Court, however, no enhancement was made to the market value assessed by the LAC.

4. Aggrieved of the Award passed by the learned Reference Court, the present appeal was preferred at the instance of appellant/landowner.

5. I have head learned counsel for the parties and gone through the paper-book.

6. In the present case, the acquisition proceedings commenced vide notification dated 22.06.1990 issued under Section 4 of the Act, followed by an award dated 04.06.1991. The acquisition was carried out for public purpose, namely, for “construction of Gurgaon Water Supply Channel from RD 49950 to 58000 K.M.” The land under present acquisition relates to the revenue estate of Village Dawarkhana, the then Tehsil Jhajjar, District Rohtak. The LAC vide its award granted market value @ Rs.1,00,000/- per acre for Nehri/Chahi land, Rs.80,000/- per acre for Barani land and Rs.60,000/- per acre for Banjar and Gair Mumkin land, along with all other statutory benefits under the Act.

7. Admittedly, vide same notification, certain land for the same public purpose was acquired from the nearby revenue estate of Village Lagerpur, Tehsil Jahjjar, District Rohtak. For the said acquisition, the LAC vide its award dated 30.05.1991 granted market value @ Rs.1,00,000/- per acre for Nehri/Chahi land, Rs.80,000/- per acre for Barani land and Rs.60,000/- per acre for Banjar Kadim land. However, the same was later enhanced by this court vide decision dated 04.11.2011 passed in RFA-884 of 1995 titled as Hoshiar Singh and another Vs. State of Haryana by granting enhancement in favour of landowners to the tune of Rs.10,000/- per acre for all the three categories of the acquired land over and above the market value assessed by the learned Reference Court.

8. Keeping in mind the aforesaid, since the acquisition in the present case, relates to the same notification dated 22.06.1990 carried out for the same purpose and even the LAC treated the land in the two revenue estates of Villages Dawarkhana and Lagerpur to be of same nature and potential while making assessment of market value. In such circumstances, the appellant herein is also held entitled for the grant of similar enhancement to the tune of Rs.10,000/- per acre for all the three categories of land over and above the market value assessed by the learned Reference Court along with all statutory benefits as provided under the Act, when it has not been disputed that both the revenue estates are abutting and adjoining being in close vicinity.

9. Consequently, the appeal preferred at the instance of appellant/landowner is disposed of in terms of the decision rendered by this Court in RFA No. 884-1995, titled as Hoshiar Singh and another Vs. State of