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Judgment
Mr. Justice Sunil Gaur
This appeal pertains to the acquisition of the land in Village Mahipalpur, in pursuance to the Notification of 23rd January, 1965 issued u/s 4 of Land Acquisition Act, 1894. Vide impugned judgment of 6th July, 2000, the Reference Court had granted the compensation at the rate of Rs. 3,000/- per bigha while relying upon the Division Bench decision of this Court in RFA No. 164/1978, ''Pratap Singh Giani vs. Union of India'', rendered on 23rd August, 1995 (Ex.AR-1).
Learned counsel for the appellant solely relies upon the decision of the Division Bench of this Court in Hoshiar Singh vs. Union of India, 45(1991) DLT (SN) 20 (DB), to seek enhancement in compensation @ Rs. 14,340/- per bigha as it is stated that the decision in Hoshiar Singh (supra) had attained finality.
On the other hand, learned counsel for the respondent draws attention of this Court to paragraph no: 12 of the impugned judgment to point out that in respect of this very Notification of instant Village, the compensation has been assessed in Pratap Singh Giani (supra) at the rate of Rs. 3,000/- per bigha. After having heard learned counsel for the parties and upon perusal of the impugned judgment and the decisions cited, I find that in the later decision in Pratap Singh Giani (supra), the earlier decision in Hoshiar Singh (supra) has been considered by the Division Bench of this Court and while relying upon another Division Bench decision in Baljit Singh and Others Vs. Union of India and Another, , the compensation assessed in respect of the Notification and the Village in question is at the rate of Rs. 3,000 per bigha. Reference Court in the impugned judgment has already granted the compensation at the aforesaid rate. Thus, no case for further enhancement of the compensation in this appeal is made out. Accordingly, this appeal is dismissed with no orders as to costs.