- (1.) VIDE this judgment, following RFAs filed by the claimants would be disposed of as they have arisen out of the same award passed by the Reference Court dated 30.7.2009. 1. RFA No. 5083 of 2009 2. RFA No. 5495 of 2009 3. RFA No. 5496 of 2009 4. RFA No. 5497 of 2009 5. RFA No. 5498 of 2009 6. RFA No. 5499 of 2009 7. RFA No. 5500 of 2009 8. RFA No. 5501 of 2009 9. RFA No. 5502 of 2009 10. RFA No. 5503 of 2009 11. RFA No. 5504 of 2009 12. RFA No. 5505 of 2009 13. RFA No. 5506 of 2009 14. RFA No. 5507 of 2009 15. RFA No. 5508 of 2009 16. RFA No. 5509 of 2009 17. RFA No. 5510 of 2009 18. RFA No. 5511 of 2009 19. RFA No. 5512 of 2009 20. RFA No. 5513 of 2009 21. RFA No. 5514 of 2009 22. RFA No. 5515 of 2009 23. RFA No. 5516 of 2009 24. RFA No. 5517 of 2009 25. RFA No. 5518 of 2009 26. RFA No. 820 of 2010 27. RFA No. 1779 of 2010 28. RFA No. 1780 of 2010 29. RFA No. 4500 of 2010 30. RFA No. 4501 of 2010 31. RFA No. 5151 of 2010 32. RFA No. 1252 of 2011 44.76 acres of land was acquired by HUDA for development of residential and commercial area of Sector 17, Jagadhri. The land is situated in revenue estate of village Gari Mundo, Hadbast No. 408, Tehsil Jagadhri, District Yamuna Nagar. Notification under Section 4 of the Land Acquisition Act, 1894 ('Act' for short) was published on 28.1.2002.
(2.) LAND Acquisition Collector assessed the market value of the land at the rate of Rs. 6,00,000/ - per acre i.e. Rs. 124/ - per square yard.
(3.) BEING dissatisfied with the amount of compensation allowed by the Land Acquisition Collector, the land owners sought 36 references. All the references were clubbed together and were decided by the Additional District Judge vide judgment dated 30.7.2009. The Additional District Judge enhanced the amount of compensation to Rs. 1560/ - per square meter. Hence, the present appeals by the land owners. Learned senior counsel for the land owners has submitted that the Reference Court had rightly basing reliance on the decision of this Court in RFA No. 476 of 2004 decided on 3.9.2008 (Ex. P -19) assessed the market value of the land at the rate of Rs. 1560/ - per square meter. However, the Apex Court in Civil Appeal Nos. 6121 -6123 of 2013 arising out of RFA No. 476, 477 and 478 of 2004 had assessed the market value at the rate of Rs. 1,25,00,000/ - with regard to 4172 square meters of land in Sector -17. In view of the decision of the Apex Court the appellants were also entitled for enhancement of compensation. Further the date of notification under Section 4 of the Act in RFA No. 476 decided on 3.9.2008 was 4.6.1997 whereas in the present case, the date of notification under Section 4 of the Act was 28.1.2002. Consequently, the appellants were entitled to receive enhancement of compensation on account of escalation of prices at the rate of 12% per annum with comulative effect from 4.6.1997 to 28.1.2002.;