dated 11.03.2000 passed by the Court of learned Additional District Judge, Kurukshetra (for short, “Reference Court”), whereby, reference petition preferred at the instance of appellant(s)-landowner(s) invoking Section 18 of the Land Acquisition Act, 1894 (for brevity, “1894 Act”), was partly allowed.

3. Brief facts of the case are that some land owned by the appellant(s)-landowner(s), situated in the revenue estate of Village Darra Kalan, District Kurukshetra, was acquired vide notifications dated 28.08.1995 and 29.08.1995, issued under Sections 4 & 6, respectively of the 1894 Act, for the public purpose namely, “for construction of the road from Amin Road to T.P. Scheme No.7-B, Kurukshetra”. The Land Acquisition Collector vide its award dated 13.10.1995 assessed the market value @ Rs.4,25,000/- per acre along with other statutory benefits.

4. Feeling dissatisfied with the award passed by the Land Acquisition Collector, the appellant(s)-landowner(s) preferred reference petition under Section 18 of the 1894 Act, seeking enhancement of compensation. Upon consideration of the material available on record, the learned Reference Court vide its award dated 11.03.2000, partly allowed the reference petition while re-assessing the market value @ Rs.5 lakhs per acre along with other statutory benefits.

5. Aggrieved of the aforesaid decision of the learned Reference Court, the appellant(s)-landowner(s) preferred the aforementioned appeals.

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 landowner.

7. A perusal of record shows that vide notification dated 28.08.1995 issued under Section 4 of the 1894 Act, followed by notification dated 29.08.1995 issued under Section 6 thereof, 03 acres of land forming part of revenue estate of Darra Kalan, District Kurukshetra was acquired for the public purpose namely, “for construction of road from Amin road to T.P. Scheme No.7-B, Kurukshetra”. The Land Acquisition Collector vide award dated 13.10.1995 assessed the market value @ Rs.4,25,000/- per acre, however, the same was enhanced to Rs.5 lakhs per acre by the learned Reference Court.

8. It has not been disputed that previously, vide notification dated 15.09.1987, the land of village Darra Kalan, Hadbast No. 379, Tehsil Thanesar, District Kurukshetra was acquired for infrastructural development activities by the Kurukshetra Development Board, wherein, the market value was assessed @ Rs.100/- per square yard by this Court vide order dated 02.09.2015 passed in RFA-205 of 1995, titled as “Gopal Krishan and another vs. Land Acquisition Collector and another”. Even SLP (Civil) Nos. 5250–5267 of 2009, preferred by the respondent-State against the decision dated 20.03.2008 passed in RFA No. 151 of 1992, on the basis of which RFA No. 205 of 1995 was disposed of, was dismissed by the Hon’ble Supreme Court vide order dated 04.03.2013.

9. Accordingly, the base value of the market price in the present case while relying upon the Gopal Krishan’s case (supra) come to Rs.100/- per square yard. However, since, there exists a difference of around 8 years between the date of notification under Section 4 of the 1894 Act in the previous acquisition and the present one; an appropriate appreciation needs to be granted in the case(s) in hand.

9.1 In such circumstances, reliance can be placed upon the latest decision rendered by the Hon’ble Apex Court in case titled as “R. Manohara Murthy vs. Assistant Commissioner and Land Acquisition Officer, 2024 INSC 977, wherein 10% cumulative appreciation was held to be apt for 12 years of difference between sale examplar and notification under Section 4 of the 1894 Act. Thus, the appellant(s)-landowner(s) are entitled to appreciation at the compound rate of 10% per annum for the time gap between two acquisitions i.e. one previously carried out vide notification dated 15.09.1987 and the present one notified on 28.08.1995, especially, when it has been