(1.) The landowner is in appeal seeking enhancement of compensation for the acquired land. Briefly the facts of the case are that vide notification dated 17.05.1990 issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), the Government of Haryana sought to acquire land measuring 162.15 acres situated in the revenue estate of village Patti Musalmanan, Sonepat, Tehsil and District Sonepat for development and utilization thereof for residential and commercial area in Sector-12 at Sonepat. The same was followed by notification dated 16.05.1991, issued under Section 6 of the Act. The Land Acquisition Collector (for short, "the Collector") assessed the market value of the acquired land @ Rs. 2,00,000/- per acre. Dissatisfied with the award of the Collector, the landowner filed application under Section 28-A(3) of the Act for re-determination of compensation. On reference, the learned court below allowed the application filed by the landowner vide order dated 5.10.2011 in favour of the landowner and awarded compensation as per order dated 12.1.2009 passed in LAC case No. 1 of 8.9.1995, titled as Sanjay etc. v. State of Haryana,.
(2.) Learned counsel for the landowner submitted that the claim made in the present appeal is squarely covered by the judgment of Hon'ble the Supreme Court in Civil Appeal No. 3677 of 2010 Udho Dass v. State of Haryana and others, decided on 21.4.2010, whereby the compensation for the land acquired vide same notification was enhanced to Rs. 225/- per square yard. He further submitted that once the proceedings regarding assessment of compensation by same notification had attained finality upto Hon'ble the Supreme Court. The reference court should have awarded same amount of compensation to the landowners.
(3.) On the other hand, learned counsel for the State submitted that the landowner has already received sufficient amount of compensation by seeking re-determination of compensation under Section 28-A of the Act vide order dated 5.10.2011. He further submitted that a co-owner is entitled to get re-determination of compensation only on the basis of award given by the reference court under Section 18 of the Act. She cannot claim further enhancement given by the High Court or the Supreme Court.