JUDGMENT :

HARKESH MANUJA, J.

Vide this common order, a bunch of 6 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.3922-2006.

2. By way of filing the present appeal(s) challenge has been laid to the decision dated 25.07.2006 passed by the learned Additional District Judge, Sonepat-cum-Reference Court, seeking further enhancement of the compensation.

3. Briefly stating, 36K-11M of land, situated within the revenue estate of Village Khandrai, Tehsil Gannaur, District Sonepat, was acquired by the Government of Haryana vide notifications dated 05.04.2001 and 04.01.2002, issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose, namely, for “construction of Godown of HAFED”. The Land Acquisition Collector (for short ‘the LAC’) vide award 20.08.2002 assessed market value in respect of the acquired land @ Rs.3,50,000/- per acre, besides all other statutory benefits under the Act.

4. Dissatisfied with the aforesaid award, the appellant(s)/ landowner(s) filed reference petitions invoking Section 18 of the Act, which came to be disposed of by the learned Reference Court vide decision dated 25.07.2006 while determining the market value of the acquired land @ Rs.6,45,500/- per acre; solatium @ 30% on the market value and additional amount @ 12% per annum besides all other statutory benefits under the Act.

5. Aggrieved of the Award passed by the learned Reference Court, the present appeals were preferred at the instance of appellant(s)/ landowner(s).

6. Impugning the aforementioned award, learned counsels for the appellant(s)/ landowner(s) submit that previously on 06.12.1989, some land forming part of the revenue estate of Village Gohana located at a distance of around 14 acres from the subject land, was acquired, by Haryana State Agricultural Marketing Board for setting up of ‘Grain Market, Gohana’, regarding which this Court vide its decision dated 20.01.2016 passed in RFA No.3331-2002, titled as Vijay Kumar and ors. Vs. State of Haryana and others, assessed the market value @ Rs.264/- per sq. yards which was subsequently enhanced by the Hon’ble Apex Court to Rs.300/- per sq. yards vide its decision dated 08.11.2017 in Civil Appeal No.18616-2017 titled as Sanjeev Kumar and another Vs. Government of Haryana through Land Acquisition Collector and ors. He thus submits that the learned Reference Court was required to re-assess the market value in the present case by applying suitable appreciation @ 12% per annum for the time gap from 06.12.1989 to 05.04.2001 i.e. the two notifications under Section 4 of the Act. Alternatively, learned counsel also points out that no deduction or cut was required to be applied while assessing the market value by taking into account the sale instances Ex.P9 to Ex.P13 as the land parcels forming part of such sale instances were located around 2 to 3 acres away-inside from the Gohana-Sonepat road; whereas the acquired land was situated exactly on the said road. Learned counsel further points out that as per the sale instance Annexure A-2 dated 01.03.2001, relating to land measuring 53.45 sq. yards, the market value was Rs.450/- per sq. yards and land comprised therein was at a distance of 3 to 4 acres from the present acquired land. He also points out that from the sale deed Ex.P2 dated 23.05.2001, which also pertained to the revenue estate of Village Khandrai, the market price was around Rs.677/- per sq. yards and thus in view of the aforesaid submissions and the evidence available on record, the assessment made by the learned Reference Court was required to be re-determined by granting further enhancement. Learned counsel also relies upon the judgments of the Hon’ble Apex Court in R. Manohara Murthy and others Vs. Assistant Commissioner and