POONAM AND ANOTHER Vs. SUPERINTENDING ENGINEER AND OTHERS

JUDGEMENT

(1.) The present judgment shall dispose eight appeals i.e RFA Nos.942, 943, 4466, 4467 of 2001 & RFA Nos.1679 to 1682 of 2000, out of which four are filed by the land owners (i.e. RFA Nos.942, 943, 4466 and 4467 of 2001) for enhancement, whereas the other four (i.e. RFA Nos.1679 to 1682 of 2000) filed by the State for reduction of the amount awarded by the Reference Court under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act') vide judgment dated 11.05.2000. The facts are being taken from RFA No.942 of 2001 'Poonam and another Vs. Superintending Engineer and others'.

(2.) The Reference Court assessed Rs. 800/- per square yard to be the market value of the land acquired (Rs. 38,72,000/- per acre) and, therefore, granted the enhancement from Rs. 4,88,000/- per acre which was the amount assessed by the Land Acquisition Collector (LAC) vide award dated 28.11993. It is also pertinent to notice that a sum of Rs. 7,288.50/- was awarded for construction to the appellant in RFA No.942 of 2001. The assessment @ Rs. 800/- was made on the basis of Ex.P2, which was the collector rate fixed for land in question which was acquired for the purpose of construction of a Grade Separate Railway Over Bridge at National Highway No.1 near Central Jail, Ambala. The notification under Section 4 was issued on 15.06.1991 for land measuring 0.70 acre. Reference Court while deciding the four Reference Petitions framed following issues:-

(3.) Whether the petitioners are entitled to any compensation on account of shifting of their business OPP