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Judgment
Leave granted.
Delay, if any, in filing/refiling the Special Leave Petition(s) and application for substitution is/are condoned.
Application(s) for substitution, if any, is/are allowed.
These appeals are directed against the common judgment and order, passed by the High Court of Punjab and Haryana at Chandigarh in R.F.A. Nos. 5055, 5058, 5056, 5057, 5059, 5054, 5231, 5060, 4133 of 2009 and 490, 4110, 491, 492, 3318 of 2010 and 3486 of 2011, dated 27.03.2014, whereby and where under the High Court has dismissed the appeals filed by the claimants-appellants herein.
The facts, in brief, are: The State of Haryana has issued a notification, under Section 4 of the Land Acquisition Act, 1894 (for short, "the Act"), vide which the respondent-State sought to acquire certain land situated in village Phoosgarh (302.32 acres), Karnal (Haryana) Hadbast No.1 and Budhkhera (155.17 acres) for the public purpose of development and utilization of residential and commercial area for Sector 9 Part 32 and 33 in Urban Estate, Karnal, dated 02.01.2002. The same was followed by a declaration, under Section 6 of the Act, dated 24.12.2002.
The Land Acquisition Collector (for short, "the LAC") passed an award, dated 21.12.2004, as under :
i. For plain area @ Rs.4,00,000/- per acre.
ii. Depreciation upto 2� feet @ Rs.3,00,000/- per acre.
iii. Depression upto 5 feet @ Rs.2,50,000/- per acre.
Dissatisfied with the award passed by the LAC, the land owners sought for a reference under Section 18 of the Act before the District Judge, Karnal. After recording the evidence and considering the material on record, the Additional District Judge awarded compensation to the claimants @ Rs.439/- per square yard along with other statutory benefits, vide order dated 11.05.2009.
Aggrieved by the same, the claimants filed Regular First Appeals before the High Court seeking enhancement of compensation.
It would be pertinent to note that some of the claimants had filed Special Leave Petitions in this Court against the final judgment and order, dated 05.10.2007, passed by the High Court of Punjab and Haryana at Chandigarh in R.F.A. No.390 of 1988 titled as Subhash Chander & Ors. v. State of Haryana & Anr. This Court vide the aforesaid decision, dated 19.02.2013, in Civil Appeal No.2187 of 2013 has allowed the claimant''s prayer for enhancement of the compensation. This Court, then, remanded the matter back to the Reference Court with certain directions.
The High Court, as stated above, has dismissed the appeals filed by the claimants-appellants herein by the impugned common judgment(s) and order(s), dated 27.03.2014.
We have heard learned counsel for the parties to the lis and carefully perused the records.
In the peculiar facts and circumstances of these cases, we are of the considered opinion that the amount awarded by the Reference Court be enhanced to Rs.500/- per square yard with all other statutory benefits from the date of the order passed by the High Court.
The appeals are allowed to the extent indicated above. No order as to costs.
Ordered accordingly.