The High Court
Case Details
RFA-1912 1912-2003 (O&M) & 7 others [1 1] cases) 121 (8 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH ***** RFA No. 1912 of 2003(O&M) RFA No. Date of Decision: 02.12.2025 Date of Decision: 02.12.2025 Smt. Syani (Deceased) through LRs Smt. Syani (Deceased) through LRs & another State of Haryana and ors. State of Haryana ..….Respondent s …….Appellant(s) Versus Versus HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: Present: Karan Garg, Advocate Mr. Karan Garg, Advocate for the applicants/ landowners. for the applicants/ landowners. Mr. Abhinash Jain, DAG, Haryana. Mr. Abhinash Jain, DAG, Haryana. Mr. Pritam Singh Saini, Advocate for HSMITC. Mr. Pritam Singh Saini, Advocate for HSMITC. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) CM-4162 2003 4162-CI-2025 IN RFA-1912-2003 Siyani is Application for impleading LRs of appellant No.1-Siyani is Application for impleading LRs of appellant No.1 , as prayed for, subject to all just exceptions. The applicants , as prayed for, subject to all just exceptions. The applicant , as prayed for, subject to all just exceptions. The applicant allowed, as prayed for, subject to all just exceptions. The applicant ordered to be brought on record as mentioned in the application are ordered to be brought on record as ordered to be brought on record as mentioned in the application legal representatives of appellant No. 1 ( legal representatives of app ), to pursue the ellant No. 1 (Siyani), to pursue the Amended memo of parties is taken on record. present appeal. Amended memo of parties is taken on record. present appeal. CM-4160 2003 4160-CI-2025 IN RFA-1913-2003 s.3, 4, 5, 6, Application for impleading LRs of appellant Nos.3, 4, 5, 6, Application for impleading LRs of appellant No is allowed, as prayed for, subject to all just exceptions. The 7 and 13 is allowed, as prayed for, subject to all just exceptions. The is allowed, as prayed for, subject to all just exceptions. The 7 and 13 applicants mentioned in the application are ordered to be brought on applicants mentioned in the application are ordered to be brought on applicants mentioned in the application are ordered to be brought on applicants mentioned in the application are ordered to be brought on SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [2 2] record as legal representatives of respective record as legal representatives of s.3, 4, 5, 6, respective appellant Nos.3, 4, 5, 6, 7 and 13, to pursue the present appeal. Amended mem 7 and 13 o of parties is , to pursue the present appeal. Amended memo of parties is taken on record. taken on record. MAIN APPEALS: MAIN APPEALS
Legal Reasoning
Regular First Vide this common order, a bunch of 08 Regular First Vide this common order, a bunch of 0 Appeals, details of which are given in the footnote of this judgment, Appeals, details of which are given in the footnote of this judgment, Appeals, details of which are given in the footnote of this judgment, Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common are being decided as all the appeals have arisen out of common are being decided as all the appeals have arisen out of common are being decided as all the appeals have arisen out of common ing common facts and question of law. For acquisition/Award involving common facts and question of law. For ing common facts and question of law. For acquisition/Award involv . the sake of brevity, facts are being taken from RFA No.1912-2003. the sake of brevity, facts are being taken from the sake of brevity, facts are being taken from 2. way of filing the present appeal(s) challenge has been By way of filing the present appeal(s) challenge has been way of filing the present appeal(s) challenge has been laid to the decision dated 07.02.2003 laid to the decision dated passed by the learned 07.02.2003 passed by the learned Additional District Judge, Fatehabad- Additional District Judge, Reference Court, seeking -cum-Reference Court, seeking further enhancement of the compensation. further enhancement of the compensation. further enhancement of the compensation. 3. Briefly stating, 26K-19M of land, situated within the 19M of land, situated within the revenue estate of Village Jamalpur Sheikhan, District Fatehabad revenue estate of Village , was Jamalpur Sheikhan, District Fatehabad, was sought sought sought sought to be acquired by to be acquired by to be acquired by to be acquired by the Government of Haryana vide the Government of Haryana vide the Government of Haryana vide the Government of Haryana vide notifications dated 28.11.1995 and 12.06.1996 notifications dated , 28.11.1995 and 12.06.1996, issued under issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ Spun Pipe respectively, for public purpose i.e. for construction of Spun Pipe respectively, for public purpose i.e. for construction of respectively, for public purpose i.e. for construction of . The Land Acquisition Collector (for short Factory, Jamalpur Seikhan. The Land Acquisition Collector (for short . The Land Acquisition Collector (for short Factory, Jamalpur Seikhan assessed market value in respect ‘the LAC’) vide award 26.08.1998 assessed market value in respect assessed market value in respect ‘the LAC’) vide award of the acquired land @ Rs.1,00,000/- of the acquired land @ Rs.1, per acre for gair mumkin land , per acre for gair mumkin land besides granting all other statutory benefits under the Act. besides granting all other statutory benefits under besides granting all other statutory benefits under 4. Dissatisfied with the aforesaid award, the appellants/ Dissatisfied with the aforesaid award, the appellants/ Dissatisfied with the aforesaid award, the appellants/ SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [3 3] reference petitions invoking Section 18 of the Act, landowners filed reference petitions invoking Section 18 of the Act, reference petitions invoking Section 18 of the Act, landowners vide which came to be disposed of by the learned Reference Court vide which came to be disposed of by the learned Reference Court which came to be disposed of by the learned Reference Court decision dated 07.02.2003 while determining the decision dated 07.02.2003 market value of the while determining the market value of the per acre besides all other statutory acquired land @ Rs.3,20,000/- per acre besides all other statutory per acre besides all other statutory acquired land @ Rs. benefits under the Act. benefits under the Act. 5. Aggrieved of the Award passed by the learned Reference Aggrieved of the Award passed by the learned Reference Aggrieved of the Award passed by the learned Reference Court, the present appeals were preferred at the instance of Court, the present appeals were preferred at the instance of Court, the present appeals were preferred at the instance of Court, the present appeals were preferred at the instance of appellants/ landowners as well as respondent HSMITC appellants/ landowners respondent HSMITC. 6. I have heard learned counsel of the parties and gone I have heard learned counsel of the parties and gone I have heard learned counsel of the parties and gone through the paper-book as well as records of the case through the paper . I find book as well as records of the case. I find substance in the submissions made on behalf of landowners. substance in the submissions made on behalf of landowners. substance in the submissions made on behalf of landowners. 7. A perusal of the award passed by the learne d Reference passed by the learned Reference shows that a positive finding of fact has been recorded to the Court shows that a positive finding of fact has been recorded to the shows that a positive finding of fact has been recorded to the shows that a positive finding of fact has been recorded to the the two effect that the land under acquisition was located abutting the two effect that the land under acquisition was located effect that the land under acquisition was located roads i.e. main road leading from Tohana to Fatehabad and the other roads i.e. main road leading from Tohana to Fatehabad and the other roads i.e. main road leading from Tohana to Fatehabad and the other roads i.e. main road leading from Tohana to Fatehabad and the other Khanora and the same was being link road from Tohana to Village Khanora and the same was being link road from Tohana to Village being link road from Tohana to Village even surrounded by various commercial and even surrounded by various commercial and even surrounded by various commercial and even surrounded by various commercial and institutional institutional institutional institutional establishments including Veterinary Hospital, Bus Stand, Government establishments including Veterinary Hospital, Bus Stand, Government establishments including Veterinary Hospital, Bus Stand, Government establishments including Veterinary Hospital, Bus Stand, Government School and number of shops. Paragraphs No.32 and 33 of the award School and number of shops. Paragraphs No.32 and 33 of the award School and number of shops. Paragraphs No.32 and 33 of the award School and number of shops. Paragraphs No.32 and 33 of the award ng relevant, are extracted passed by the learned Reference Court, being relevant, are extracted passed by the learned Reference Court, bei passed by the learned Reference Court, bei hereunder:- hereunder: After thoughtful consideration, it is held that the “32. After thoughtful consideration, it is held that the After thoughtful consideration, it is held that the oral as well as documentary evidence produced oral as well as documentary evidence produced oral as well as documentary evidence produced on the file by the petitioners which remained on the file by the petitioners which remained on the file by the petitioners which remained unrabutted and unrabutted and unrabutted and further supported by further supported by further supported by the the the SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-19121912-2003 (O&M) & 7 others [4 4] witnesses clearly admissions of respondent witnesses clearly admissions of respondent shows that as far as the location and potential of shows that as far as the location and potential of shows that as far as the location and potential of the acquired land is concerned, it is admitted the acquired land is concerned, it is admitted the acquired land is concerned, it is admitted case of the respondent that there used to be a case of the respondent that there used to be a case of the respondent that there used to be a spun pipe Factory in suit land which was on spun pipe Factory in suit land which was on spun pipe Factory in suit land which was on lease with the respondents and this fact itself lease with the respondents and this fact itself lease with the respondents and this fact itself shows that the shout land cannot be treated as hows that the shout land cannot be treated as agricultural land that too a Tibba. On the other agricultural land that too a Tibba. On the other agricultural land that too a Tibba. On the other hand, it was potentially commercial area. At the hand, it was potentially commercial area. At the hand, it was potentially commercial area. At the same time, a reference to site plan Ex. P2 and same time, a reference to site plan Ex. P2 and same time, a reference to site plan Ex. P2 and Ex. P7 further the revenue record Ex. P4 to Ex. P7 further the revenue record Ex. P4 e revenue record teh shows that even in the revenue record teh shows that even in th mumkin abadi acquired land was shown as gair-mumkin abadi acquired land was shown as gair which means it was part of residential area. which means it was part of residential area. which means it was part of residential area. Similarly a further perusal of teh site plan Ex. P2 Similarly a further perusal of teh site plan Ex. P2 Similarly a further perusal of teh site plan Ex. P2 shows that the acquired land is situated on the shows that the acquired land is situated on the shows that the acquired land is situated on the Ratia road and there are so many main Tohana-Ratia road and there are so many Ratia road and there are so many shops by teh western side of the acquired land. shops by teh western side of the acquired land. shops by teh western side of the acquired land. There is a Govt. High School, a Bus Stop and a There is a Govt. High School, a Bus Stop and a There is a Govt. High School, a Bus Stop and a Veterinary Hospital nearby teh squired land. On Veterinary Hospital nearby teh squired land. On Veterinary Hospital nearby teh squired land. On the back side of teh acquired land i.e. on the the back side of teh acquired land i.e. on the the back side of teh acquired land i.e. on the southern side, there is residential area of village southern side, there is residential area of village southern side, there is residential area of village itnesses of the respondents have and even the witnesses of the respondents have and even the witnesses of the respondents have admitted that the suit land is situated on the admitted that the suit land is situated on the admitted that the suit land is situated on the main road and there are so many shops. main road and there are so many shops. As such the entire above discussed evidence 33. As such the entire above discussed evidence As such the entire above discussed evidence that the entire area of the acquired clearly shows that the entire area of the acquired that the entire area of the acquired land land land forms part of a already developed forms part of a already develope forms part of a already develope and it has so residential and commercial area and it has so residential and commercial area many advantages. Firstly, that it is situated on many advantages. Firstly, that it is situated on many advantages. Firstly, that it is situated on used for commercial the main road which is used for commercial the main road which establishments. The residential area is just establishments. The residential area is just establishments. The residential area is just There is a Bus Stop, a behind the acquired land. There is a Bus Stop, a behind the acquired land. veterinary Hospital. Govt. High School and veterinary Hospital. Govt. High School and SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [5 5] There is another link road on the eastern side of There is another link road on the eastern side of There is another link road on the eastern side of the acquired land. The only negative point which the acquired land. The only negative point which the acquired land. The only negative point which can be favorable to the respondents is that the can be favorable to the respondents is that the can be favorable to the respondents is that the purpose for which the land was acquired has purpose for which the land was acquired has purpose for which the land was acquired has been been been frustrated as frustrated as frustrated as the the the responded No. 3 responded No. 3 responded No. 3 .I.T.C. has already been closed and H.S.M.I.T.C. has already been closed and .I.T.C. has already been closed and factory is now lying closed. But this also cannot factory is now lying closed. But this also cannot factory is now lying closed. But this also cannot be considered as a negative point as the be considered as a negative point as the be considered as a negative point as the acquired land can be used by the respondents acquired land can be used by the respondents acquired land can be used by the respondents for any other commercial activities.” for any other commercial activities.” 8. It may be noticed here that the aforesaid finding is based It may be noticed here that the aforesaid finding is based It may be noticed here that the aforesaid finding is based available on record in the form of site on the appreciation of evidence available on record in the form of site available on record in the form of site on the appreciation of evidence
Legal Reasoning
Mr.Bansi Lal, plan Ex.P2 which was proved on record by PW5-Mr.Bansi Lal, plan Ex.P2 which was proved on record by PW5 plan Ex.P2 which was proved on record by PW5 Architect and also from the deposition made by the own witnesses of Architect and also from the deposition made by the own witnesses o Architect and also from the deposition made by the own witnesses o Architect and also from the deposition made by the own witnesses o the respondents i.e. RW1 Sh.Kedar Nath, Kanungo, DRO Office, the respondents i.e. RW1 Sh.Kedar Nath, Kanungo, DRO Office, the respondents i.e. RW1 Sh.Kedar Nath, Kanungo, DRO Office, the respondents i.e. RW1 Sh.Kedar Nath, Kanungo, DRO Office, Sh.Bhupender Singh, SDO, HSMITC, Tohana Fatehabad and RW2-Sh.Bhupender Singh, SDO, HSMITC, Tohana Sh.Bhupender Singh, SDO, HSMITC, Tohana Fatehabad and RW2 who admitted the locational aspect of the land under acquisition being admitted the locational aspect of the land under acquisition being the locational aspect of the land under acquisition being Tohana road and one link road leading situated between Fatehabad-Tohana road and one link road leading Tohana road and one link road leading situated between Fatehabad to Village Khanora, besides the existence of 40/50 shops in the same to Village Khanora, besides the existence of 40/50 shops in the same to Village Khanora, besides the existence of 40/50 shops in the same to Village Khanora, besides the existence of 40/50 shops in the same vicinity including the Bus Stand etc. No evidence whatsoever has vicinity including the Bus Stand etc. No evidence whatsoever has vicinity including the Bus Stand etc. No evidence whatsoever has vicinity including the Bus Stand etc. No evidence whatsoever has been pointed out or referred to by learned counsel appearing on been pointed out or referred to by learned counsel appearing on been pointed out or referred to by learned counsel appearing on been pointed out or referred to by learned counsel appearing on easoning behalf of the respondents to counter the aforementioned reasoning behalf of the respondents to counter the aforementioned r behalf of the respondents to counter the aforementioned r is held recorded by the learned Reference Court and thus the same is held recorded by the learned Reference Court and thus the same recorded by the learned Reference Court and thus the same considered for the purpose of to be true and needs to be considered for the purpose of considered for the purpose of to be true determination of the claim of the landowners. determination of the claim of the landowners. determination of the claim of the landowners. SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [6 6] 9. A perusal of the record shows that the land forming part A perusal of the record shows that the land forming part A perusal of the record shows that the land forming part Ex.P1 dated 19.07.1993 falls within Khasra No.518; of the sale deed Ex.P1 dated 19.07.1993 falls within Khasra No.518; Ex.P1 dated 19.07.1993 falls within Khasra No.518; of the sale deed relates to Khasra Nos.610, 612, whereas the land under acquisition relates to Khasra Nos.610, 612, relates to Khasra Nos.610, 612, whereas the land under acquisition 614, 616 and 674 of the same revenue estate of Village Jamalpur 614, 616 and 674 of the same revenue estate of Village 614, 616 and 674 of the same revenue estate of Village and as such apparently falls within the Sheikhan, District Fatehabad and as such apparently falls within the and as such apparently falls within the Sheikhan, District Fatehabad vicinity. close vicinity. 10. In view of the aforesaid, it has been established on record In view of the aforesaid, it has been established on record In view of the aforesaid, it has been established on record that the land under acquisition being located between the two roads that the land under acquisition being located between the two roads that the land under acquisition being located between the two roads that the land under acquisition being located between the two roads is surrounded by various commercial and institutional establishments is surrounded by various commercial and institutional establishments is surrounded by various commercial and institutional establishments is surrounded by various commercial and institutional establishments and and and thus possesses thus possesses thus possesses l advantage locational and potential advantage locational and potentia locational and potentia for for commercial, commercial, and residential purpose and institutional and residential purpose and and residential purpose and institutional in such in such in such circumstances, the learned Reference Court committed no illegality or circumstances, the learned Reference Court committed no illegality or circumstances, the learned Reference Court committed no illegality or circumstances, the learned Reference Court committed no illegality or perversity while having placed reliance upon the sale instance Ex.P1 perversity while having placed reliance upon the sale instance Ex.P1 perversity while having placed reliance upon the sale instance Ex.P1 perversity while having placed reliance upon the sale instance Ex.P1 f land forming part of the dated 19.07.1993 vide which 10 marlas of land forming part of the dated 19.07.1993 vide which 10 marlas o dated 19.07.1993 vide which 10 marlas o same revenue estate of Village Jamalpur Sheikhan same revenue estate was sold at the of Village Jamalpur Sheikhan was sold at the per marla for residential purposes. base price of Rs.2500/- per marla for residential purposes. base price of Rs.2500/ 11. Considering the fact that the land under acquisition as Considering the fact that the land under acquisition Considering the fact that the land under acquisition Ex.P1 were of similar well as the land forming part of sale deed Ex.P1 were of similar well as the land forming part of sale deed well as the land forming part of sale deed nature and potential being used for nature and potential being used commercial, residential and for commercial, residential and institutional purposes, ional purposes, an appreciation @ 12% (c ompound) needs to an appreciation @ 12% (compound) needs to be granted over the base price derived from the s be granted ale deed Ex.P1 over the base price derived from the sale deed Ex.P1 per marla upto the date of notification dated 19.07.1993 i.e. Rs.2500/- per marla upto the date of notification per marla upto the date of notification dated 19.07.1993 i.e. Rs.2500/ SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [7 7] under Section 4 of the 1894 Act in the present case i.e. upto under Section 4 of the 1894 Act in the present case i.e. upto under Section 4 of the 1894 Act in the present case i.e. upto under Section 4 of the 1894 Act in the present case i.e. upto 28.11.1995. 28.11.1995. 12. taking into account the fact that the land Furthermore, taking into account the fact that the land taking into account the fact that the land under acquisition was located betw under acquisition was located een the two roads and was between the two roads and was surrounded by commercial and institutional establishments; all kinds surrounded by commercial and institutional establishments; all kinds surrounded by commercial and institutional establishments; all kinds surrounded by commercial and institutional establishments; all kinds of basic, necessary civil amenities being already existing in and of basic, necessary civil amenities being already existing in and of basic, necessary civil amenities being already existing in and of basic, necessary civil amenities being already existing in and around the land under acquisition, a deduction @ 20% towards around the land under acquisition, a deduction @ 20% towards around the land under acquisition, a deduction @ 20% towards around the land under acquisition, a deduction @ 20% towards sale instance Ex.P1 dated smallness of area involved in the sale instance Ex.P1 dated smallness of area involved in the smallness of area involved in the 19.07.1993 was sufficient especially when it was proved on record 1993 was sufficient especially when it was proved on record was sufficient especially when it was proved on record that that that that the area of the area of the area of the area of the acquired the acquired the acquired the acquired land was land was land was land was full of commercial full of commercial full of commercial full of commercial , establishments and shops, , establishments thereby thereby thereby reflecting reflecting reflecting that that that the the the land land land alienated surrounding the acquired parcel was being utilized and alienated surrounding the acquired parcel was being surrounding the acquired parcel was being It may be pointed through instances involving small parcels of land. It may be pointed through instances involving small parcels of land through instances involving small parcels of land out here that considering the fact that the land under acquisition is out here that considering the fact that the land under acquisition is out here that considering the fact that the land under acquisition is out here that considering the fact that the land under acquisition is carrying all basic amenities and the purpose of acquisition is for carrying all basic amenities and the purpose of acquisition is for carrying all basic amenities and the purpose of acquisition is for carrying all basic amenities and the purpose of acquisition is for construction of Spun Pipe Factory, the respondents construction of Spun Pipe Factor neither suffered y, the respondents neither suffered any any loss towards optimum utilization of acquired land nor even any any loss towards optimum utilization of acquired land any loss towards optimum utilization of acquired land cost towards providing of infrastructural civic amenities, as such no cost towards providing of infrastructural civic amenities, as such no cost towards providing of infrastructural civic amenities, as such no cost towards providing of infrastructural civic amenities, as such no cut is required to be applied towards development cost. cut is required to be applied towards development cost. cut is required to be applied towards development cost. 13. Accordingly, in the wake of discussion made hereinabove, Accordingly, in the wake of discussion made hereinabove, Accordingly, in the wake of discussion made hereinabove, while placing reliance upon the base while placing reliance upon price derived from the sale the base price derived from the sale , the market value of the land under exemplar Ex.P1 dated 19.07.1993, the market value of the land under , the market value of the land under exemplar Ex.P Act in acquisition as on the date of notification under Section 4 of the Act in acquisition as on the date of notification under Section 4 of the acquisition as on the date of notification under Section 4 of the SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [8 8] the case in hand comes to Rs.2500/- the case in hand comes to Rs.2500/ per per marla i.e. Rs.4,00,000/- per acre + 12% 12% compounded appreciation for ) 20% appreciation for the time gap minus (-) 20% thereupon toward smallness of the area involved in the deduction thereupon toward smallness of the area involved in the thereupon toward smallness of the area involved in the deduction sale exemplar exemplar i.e. Rs.4,17,464/- per acre, with all statutory per acre, along with all statutory benefits and interest including interest on solatium. and interest including interest on solatium. 14. Consequently, the appeals filed by the landowners are Consequently, the appeals filed by the landowners are Consequently, the appeals filed by the landowners are partly allowed; whereas the appeals filed by respondent partly allowed ; whereas the appeals filed by respondent HSMITC HSMITC are hereby dismissed. are hereby dismissed 15. ny, shall also stand Pending misc. application(s), if any, shall also stand Pending misc. application(s), if a
Decision
disposed of. disposed of. 02.12.2025 02.12.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No Sr. No. Sr. No. 1. 2. 3. 4. 5. 6. 7. Case No. 2003 (O&M) RFA- 1913-2003 2003 (O&M) RFA- 1914-2003 (O&M) 2003 (O&M) RFA- 1915-2003 (O&M) 2003 (O&M) RFA- 2360-2003 (O&M) 2003 (O&M) RFA- 2361-2003 (O&M) RFA- 2362-2003 (O&M) 2003 (O&M) 2003 (O&M) RFA- 2363-2003 (O&M) 02.12.2025 02.12.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document