JUDGMENT :

HARKESH MANUJA, J. 

Vide this common order, a bunch of 15 Regular First Appeals, details of which are given in the footnote of this judgment are being decided as all the appeals have arisen out of common acquisition/award involving common facts and question of law. For the sake of brevity, facts are being culled out from RFA-3719-2018.

2. By way of present appeal, challenge has been laid to the judgment dated 22.03.2018 passed by the learned Reference Court-cum- Additional District Judge, Rupnagar, whereby the reference petition filed under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) by the appellants-landowners, seeking enhancement of compensation was partly allowed.

3. Briefly stating, land measuring 35 kanals 1 marla and 3 sirsai, situated within the revenue estate of Village Bari Railon, District Rupnagar, was acquired for the public purpose namely, for “construction of Ropar Byepass” vide notifications dated 03.03.2010 and 30.07.2010 issued under Sections 4 and 6 respectively of the Act. The Land Acquisition Collector (for short ‘LAC’) passed Award No.12 dated 07.02.2011 assessing the market value at the rate of Rs.40,00,000/- per acre along with other statutory benefits and interest.

4. The appellants-landowners, feeling dissatisfied with the award, sought reference under Section 18 of the Act pleading that the amount of compensation awarded by the LAC was unjust and inadequate as the acquired land was situated near residential Power Colony of PSEB and National Highway leading from Chandigarh to Manali, as such had much higher potential value of not less than Rs.2,50,000/- per marla. It was further pleaded that the LAC while awarding compensation did not take into consideration the value of house/superstructure which already existed over the acquired land.

5. Upon notice, the same was contested by the respondent -State by filing written reply. It was pleaded on behalf of respondent-State that the rate of market value, as awarded by the LAC, was based on recommendations of District Land Price Fixation Committee and thus, the amount awarded was just and fair and no interference was warranted with the same.

6. Pursuant to framing of issues as well as considering the evidence, the learned Reference Court, vide award dated 22.03.2018 enhanced the amount of compensation to Rs.71,16,140/- per acre in LR- 17-2016, LR-3193-2013, LR-69-2015 and LR-71-2015 whereas dismissed the remaining 11 Land Reference cases.

7. Aggrieved of the decision dated 22.03.2018 passed by the learned Reference Court, the appellants-landowners filed the present appeal.

8. Impugning the aforementioned award, learned Senior counsel appearing on behalf of the appellants-landowners submits that the learned Reference Court went wrong having discarded the sale deed dated 27.05.2009 (Ex.A-1) vide which 975 square yards (1 Kanal 12 marlas) of land forming part of the same very revenue estate of Village Bari Railon was sold for sum of Rs.20,47,500/- with base price per acre as Rs.1,00,62,799/-. While referring to the records including the sale instance dated 27.05.2009 (Ex.A-1) as well as the notification dated 03.03.2010 issued under Section 4 of the Act, learned Senior counsel points out that the land parcel comprised in rectangle No.4, Killa No.9/2 was not only part of sale deed Ex. A-1 but even formed part of the acquired land. He thus submits that the landowners were at least entitled for award of market value at the same rate i.e. Rs.1,00,62,799/- per acre. 8.1. Learned Senior counsel also contends that there exists a time gap of around 9 months between the date of sale instance Ex.A-1 (27.05.2009) and the date of notification under Section 4 of the Act issued on 03.03.2010 in the present case, as such, an appreciation of 15% was to be awarded over the base price derived from the said sale instance. Learned Senior counsel further points out that it was proved on record from the conjoint reading of deposition of AW-3