SABINA, J. - (1.) VIDE notification dated 29.3.1996 under Section 4 of the Land Acquisition Act, 1894 ('the Act' for short), 19.50 acres of land was sought to be acquired within the area of village Choma for development and utilisation of land for sectors 2 and 3 Road at Gurgaon. Declaration under Section 6 of the Act was issued on 30.3.1996. Land Acquisition Collector, vide award dated 31.3.1997 awarded compensation to the land owners @ Rs. 8,45,000/ - per acre for chahi land, Rs. 6,76,000/ - per acre for magada, Rs. 8,45,000/ - per acre for bhood and banjar land, Rs. 10,14,000/ -per acre for gair mumkin plots along with other statutory benefits. Dis -satisfied with the award, land owners sought references under Section 18 of the Act .
(2.) ON the pleadings of the parties, following issues were framed by the District Judge: - ''1. What was the market value of the acquired land on the date of notification under Section 4 of the Land Acquisition Act? OPP 2.Whether the petition is time barred ? OPR 3. Relief '' Learned Additional District Judge, vide its award 5.9.2008 granted compensation to the claimants @ Rs. 13,07,239/ - per acre or Rs. 270/ - per square yard. Hence, the present appeals by the land owners.
(3.) LEARNED counsel for the appellant has submitted that the learned Additional District Judge had erred in enhancing the compensation only @ Rs. 270/ - per square yard. Rather the appellant was entitled to receive compensation at a much higher rate in view of the evidence led by her. Reliance has been placed on sale deeds Ex.PW1/A to Ex.PW1/C.;