ISHAWAR SING SINGH (DECEASED) THROUGH UGH HIS LRS AND ANR v. STATE OF HAR HARYANA AND ANR
Case Details
1 RFA No.862 OF 2023 023 (O&M) IN THE HIGH COURT OF PUNJA IN TH AT CHANDIGAR UNJAB AND HARYANA IGARH 327 RFA No.86 Date of De No.862 of 2023 (O&M) of Decision: 31.07.2025 ISHAWAR SING SINGH (DECEASED) THROUGH UGH HIS LRS AND ANR. ......Appellants Vs STATE OF HAR HARYANA AND ANR. ....Respondents CORAM: HON' ON'BLE MR. JUSTICE HARKESH ESH MANUJA Mr. Ramesh Kumar Dhiman, Advoca Present: Mr. for the appellants. for th dvocate
Legal Reasoning
by this Court in RFA No.1817 of 201 f 2019 and other conne onnected cases titled as “The Aka Akash Cooperative Group Housin ousing Society Ltd.-II V II Versus State of Haryana and and others” decided on 27.05.202 5.2020, wherein also the the land situated in the same rev e revenue estates i.e. Village Saketr Saketri, Tehsil and Distri District Panchkula was acquired vid ed vide notifications dated 16.03.199 03.1999 and 15.03.2000, i , issued under Sections 4 and 6 o nd 6 of the Land Acquisition Act, 189 ct, 1894 respectively, and , and for the same purpose. Relevant levant extract from Para No.123 of th of the decision dated 25 ted 25.05.2020 passed in RFA No.181 o.1817 of 2019 reads as under:- (ii) (ii) For the notification dated 16.0 @ Rs.494/- per sq.yard (Rs.23,96 @ R statu statutory benefits. However, for the l on the other side of the railway line, on th the market value the Kishangarh of Chandigarh, Kish per sq.yard) along with all statuto Rs.26 Rs.26,77,875/- per acre (Rs.553/- pe appeals of the concerned set benefits by only allowing the ap bene s fixed 16.03.1999, the market value is fixe ith all 3,96,960/- per acre) along with a h falls the land of Bhainsa Tibba which fal illage line, towards Mani Majra and Villag d @ fixed @ tutory set of is MOHMED ATIK 2025.08.05 11:10 I attest to the accuracy and authenticity of this order/judgment RFA No.862 OF 2023 023 (O&M) 3 land landowners. The appeals filed by t allowed and those of the other lando allow by the State are accordingly, part ndowners are dismissed.” partly 2. The aforementioned order dated 27.0 The a d 27.05.2020 was later modified by th by this Court vide its ord its order dated 10.08.2020. The oper e operative part of thereof is extracte acted hereunder:- “123 123(ii). For the notification date dated 16.03.1999, the market value lue is ixed @ Rs.498/- per sq. yard (Rs.24 fixed s.24,10,324/- per acre) along with a ith all statutory benefits. However, for the la statu e land of Bhainsa Tibba which falls o lls on he other side of the railway line, the line, towards Manimajra and Villa illage Kisha ishangarh of Chanidgarh, the market rket value is fixed @ Rs.26,99,558/- per acre (Rs.558/- per sq. yard) along acre ng with all statutory benefits by on y only allow llowing the appeals of the concerned ned set of landowners. The appeals fil ls filed y the State are accordingly, partly by th artly allowed and those of the oth other andowners are dismissed.” lando 3. Accordingly, the present appeal is Acco eal is disposed of in terms of the sa the said decision and the nd the appellants are held entitled alue @ ntitled for similar market value @ Rs.24,10,320/- pe per acre (Rs.498/- per sq. yard) alo along with all statutory benefits an fits and interest available ilable under the amended provisions isions of Land Acquisition Act, 189 894. However, the ap the appellants shall not be entitle entitled to interest on the enhance nhanced compensation for on for the period of delay in filing the ng the appeal i.e. 2984 days. 4. CM Nos.2873-CI and 2874-CI of CM CI of 2024 along with other pendin ending application(s), if a
Arguments
Mr. Abhinash Jain, D.A.G., Haryana Mr. A aryana. HARKESH MAN **** MANUJA, J. (Oral) CM No.2628-CI CI of 2023 This is an application for condoning This doning the delay of 2984 days in filin in filing the appeal. Though notice of the application Thou ation was accepted by learned Sta d State counsel on behalf behalf of the respondents/State on 31.0 on 31.07.2023, however despite availin availing numerous opportu pportunities during the last two year o years, no reply has been filed to th d to the application. As per the averments made in the ap As p the application, due to the death of th h of the Ishwar Singh an gh and Nasib Kaur (appellants), the s), the applicants-legal representative ntatives could not file the the appeal for enhancement of com of compensation. However, on comin coming to know about about the enhancement by this Court, the applicants-appellan pellants immediately cont y contacted their counsel for filing th ling the appeal. Nonetheless, the oth he other similarly situated tuated land owners pertaining to the sa the same acquisition proceedings hav gs have already been held n held entitled for the enhanced amou amount of compensation pertaining ining to MOHMED ATIK 2025.08.05 11:10 I attest to the accuracy and authenticity of this order/judgment RFA No.862 OF 2023 023 (O&M) 2 village Saketri, T , Tehsil and District Panchkula vide judgment dated 27.05.202 5.2020. Based thereupon reupon, besides, applying the principle of parity, the p e the land lan owner/applicant icants being similarly situated, is entit s entitled for grant of similar amount o ount of compensation, ho on, however, without any payment of ent of interest for the period they faile failed to approach this h this Court after the decision in the in the Reference Court. In this regar s regard reliance can be p n be placed upon the decision of Ho of Hon’ble Supreme Court in case o case of Ningappa Thotap hotappa Angadi (Dead) through LR h LRs Vs. Special Land Acquisitio isition Officer and Ano Another, 2020 (19) SCC 599. In view of the discussion mad n made hereinabove, the a e, the application is allowed and delay delay of 2984 days in filing the appe e appeal is hereby condone ndoned. Main appeal 1. Learned counsel for the parties are a Lear s are ad idem that the matter in issue issue is squarely covered vered by the decision rendered by this
Decision
sed of. (s), if any, are accordingly disposed of July 31, 2025 Atik (HARKESH MANUJA) (HA JUDGE Whether speaking/reasoned Whe Whether reportable Whe Yes/No Yes/N Yes/No Yes/N MOHMED ATIK 2025.08.05 11:10 I attest to the accuracy and authenticity of this order/judgment