JUDGMENT :

HARKESH MANUJA, J.

Vide this common order, abovementioned two Regular First Appeals, are being decided as both the appeals have arisen out of common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from RFA No.2964-1999.

2. By way of filing the present appeal(s) challenge has been laid to the decision dated 29.05.1999 passed by the learned Additional District Judge, Kaithal (hereinafter referred to as ‘the Reference Court’).

3. Briefly stating, 0.11 acres (17 marlas) of land, situated within the revenue estate of Village Faras Majra, Tehsil and District Kaithal, was acquired by the Government of Haryana vide notifications dated 17.01.1995 (published on 14.02.1995) and 12.09.1995 (published on 31.10.1995), issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose, namely, “for construction of Faras Majra to Kheri Gulam Ali Road”. The Land Acquisition Collector (for short ‘the LAC’) vide award 24.10.1997 assessed market value in respect of the acquired land @ Rs.1,25,120/- per acre for Nehri land, besides all other statutory benefits under the Act.

4. Aggrieved of the aforesaid award, the appellants/ landowners filed reference petition invoking Section 18 of the Act, which came to be disposed of by the learned Reference Court vide decision dated 29.05.1999 and the market value of the acquired land was enhanced to Rs.4,80,000/- per acre besides grant of all other statutory benefits under the Act including 12% additional amount along with 30% solatium and interest thereupon. The appellants/ landowners were also held entitled to interest @ 6% per annum on the amount of compensation from 01.01.1975 till 30.04.1982 and thereafter @ 15% per annum w.e.f. 01.05.1982 upto the date of deposit/ payment.

5. Still dissatisfied with the decision of the learned Reference Court, the present appeal(s) came to be preferred at the instance of landowners as well as State.

6. I have heard learned counsel for the parties and gone through the paper-book. I find substance in the submissions made on behalf of the appellants/ landowners.

7. In the present case, notification under Section 4 of the Act was issued on 17.01.1995 (published on 14.02.1995), pertaining to the land of the revenue estate of Village Faras Majra, for public purpose of widening of road. The market value was determined by the learned Reference Court by placing reliance upon the sale instance Ex.PB dated 11.03.1993, vide which 07 marlas of land was sold for Rs.21,000/- with base price of Rs.4,80,000/- per acre. A perusal of the record shows that the sale instance Ex.PB dated 11.03.1993 pertained to the same revenue estate of Village Faras Majra, District Kaithal as that of the land under acquisition in the case(s) in hand and no material was produced on record by the respondent- State to establish any difference in the nature of the two land parcels. Further, the sale instance Ex.PB dated 11.03.1993 pertained to the period prior to the date of notification under Section 4 of the Act i.e. 17.01.1995 and wa also in close proximity in time. In such circumstances, this Court finds no infirmity on the reliance placed by the learned Reference Court upon the said sale instance for determining the market value of the land under acquisition.

However, taking into account the fact that the sale deed Ex.PB is dated 11.03.1993 whereas the acquisition in the present case (s) commenced vide notification dated 17.01.1995; for the time gap of around 22 months between the sale deed (Ex.PB) and the date of issuance of notification under Section 4 of the Act, an appreciation @ 12% per annum needs to be awarded in favour of the appellants/landowners especially when it is evident from the perusal of record that the acquired land is near to the road leading from Village Faras Majra to Village Kheri Gulam Ali on one side and also abuts various houses and baras situated in Village Faras Ma