JUDGMENT : 

HARKESH MANUJA, J.

Vide this common order, a bunch of 12 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 taken from RFA No.3464-1999.

2. By way of filing the present appeal(s) challenge has been laid to the decision dated 08.12.1998 passed by the learned Additional District Judge, Ambala-cum-Reference Court.

3. Briefly stating, 1.96 acres of land, situated within the revenue estate of Village Dharala, HB No. 159, Tehsil and District Ambala, was sought to be acquired by the Government of Haryana vide notifications dated 23.07.1988 (published on 23.08.1988) and 21.08.1989 (published on 22.08.1989), issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose, namely, for ‘construction of link road Dharala to Shamalkha with links to Akbarpur in Ambala District’. The Land Acquisition Collector (for short ‘the LAC’) vide award No.23 dated 26.02.1990 assessed market value in respect of the acquired land @ Rs.40,000/- per acre for Chahi land, Rs.26,000/- per acre for Barani land, Rs.13,000/- per acre for Banjar land and Rs.6,500/- per acre for gair mumkin land, besides all other statutory benefits under the Act.

4. Dissatisfied with the aforesaid award, the appellants/ landowners preferred reference petitions invoking Section 18 of the Act, which came to be disposed of by the learned Reference Court vide decision dated 08.12.1998 while determining the market value of the acquired land @ Rs.48,000/- per acre for chahi land and Rs.1,00,000/- per acre for gair mumkin land, besides all other statutory benefits under the Act.

5. Aggrieved of the decision of the learned Reference Court, the present appeals were preferred at the instance of State.

6. I have heard learned counsel for the parties and gone through the paper-book.

7. A perusal of the record shows that the learned Reference Court awarded market value @ Rs.48,000/- per acre primarily while relying upon sale deed Ex.P3 dated 08.02.1980 vide which 5 marlas of land was sold for a sum of Rs.1500/- with base price per acre @ Rs.48,000/-. However, it may be noticed here that in the present case, the sale deed Ex.P3 dated 08.02.1980 and the notification under Section 4 of the Act is dated 23.07.1988 and as such suitable appreciation @ 8% per annum is required to be awarded for the said time gap. Further, taking into account the fact that the sale instance Ex.P3 pertained to a small parcel of land measuring 5 marla, a rd suitable cut of 1/3 towards smallness of land was applied, the price would have come to Rs.53547/- per acre.

8. Furthermore, even if the assessment of the market value was to be made on the basis of evidence led by the respondents presented in the form of sale deed Ex.R2 dated 08.04.1986 vide which 2K-13M of land forming part of the same revenue estate of Village Dharala was sold for a sum of Rs.13,000/- and the base price per acre was Rs.39,245/-; upon application of appreciation @ 8% per annum for the time gap between the sale instance i.e. 08.04.1986 up to the date of publication of notification dated 23.07.1988 under Section 4 of the Act in the case in hand, the price per acre comes to Rs.49,841/-, which does not differ significantly from the market value assessed by the learned Reference Court.

9. In view of the above, no interference is called for in the award dated 08.12.1998 passed by learned Reference Court, whereby the market value was enhanced to Rs.48,000/- per acre, besides all other benefits as provided under the Act. Consequently, the appeals filed by the appellant State are hereby dismissed.

10. Pending misc. application(s), if any, shall also stand disposed of.