Xobjr No. 55 of 2019 · Punjab And Haryana At Chandigarh High Court · 2026

The application stands disposed of The application stands disposed of accordingly. SANJAY GUPTA 2026.05.20 18:40 I attest to the accuracy and integrity of this document RFA-793 793-2019 (O&M) & other connected cases connected cases [4] MAIN CASE: MAIN CASE First Vide this common order, a bunch of 36 Regular First Vide this common order, a Appeals , details of which are given in the footnote of and 32 XOBJRs, details of which are given in the footnote of , details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of this judgment, are being decided as all the appeals have arisen out of this judgment, are being decided as all the appeals have arisen out of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving identical facts and question of common acquisition/Award involving identical facts and question of common acquisition/Award involving identical facts and question of common acquisition/Award involving identical facts and question of law. For the sake of brevity, facts are being taken from RFA No. 793 law. For the sake of brevity, facts are being taken from law. For the sake of brevity, facts are being taken from 793- 2019 and XOBJR-55-CI-2019. 2019 and XOBJR

2. By way of present appeal(s), challenge has been laid to By way of present appeal(s), challenge has been laid to By way of present appeal(s), challenge has been laid to passed by the learned Addl. District the Award dated 20.11.2018 passed by the learned Addl. District passed by the learned Addl. District the Award dated 2 Judge, SAS Nagar, Mohali (hereinafter to be referred as the SAS Nagar, Mohali (hereinafter to be referred as the (hereinafter to be referred as the ‘Reference Court’). ‘Reference Court’

3. ng, in the present case(s), land measuring Briefly stating, in the present case(s), land measuring ng, in the present case(s), land measuring acres situated within the revenue estate of Village 161.2541 acres situated within the revenue estate of Village acres situated within the revenue estate of Village 161.2541 Mullanpur Garibdass and Ferozepur Banghar, Tehsil Kharar and Mullanpur Garibdass and Ferozepur Banghar Mullanpur Garibdass and Ferozepur Banghar District SAS Nagar, Mohali was acquired vide Notifications dated SAS Nagar, Mohali was acquired vide Notifications dated was acquired vide Notifications dated

17.05.2013 and 13.09.2013 issued under Sections 4 & 6 of the 17.05.2013 1894 issued under Sections 4 & 6 of the 1894 setting up of respectively for the public purpose, namely, “for setting up of respectively for the public purpose, namely, “ Act, respectively for the public purpose, namely, “ . Award Meidcity Phase II Health Facility) in the area of Mullanpur”. Award Meidcity Phase II Health Facility) in the area of Mullanpur Meidcity Phase II Health Facility) in the area of Mullanpur under Section 11 of the 1894 Act was passed by the Land Acquisition under Section 11 of the 1894 Act was passed by the Land Acquisition under Section 11 of the 1894 Act was passed by the Land Acquisition under Section 11 of the 1894 Act was passed by the Land Acquisition Collector (for short ‘the LAC’) on 31.12.2013 Collector (for short , thereby determining 31.12.2013, thereby determining per acre the market value of the acquired land @ Rs.1,36,00,000/- per acre the market value of the acquired land @ Rs.1 the market value of the acquired land @ Rs.1 nd interests provided besides award of all other statutory benefits and interests provided besides award of all other statutory benefits a besides award of all other statutory benefits a under the 1894 Act. under the 1894 Act. SANJAY GUPTA 2026.05.20 18:40 I attest to the accuracy and integrity of this document RFA-793 793-2019 (O&M) & other connected cases connected cases [5]

4. Dissatisfied with Dissatisfied with Dissatisfied with the Award passed by the Award passed by the Award passed by the LAC, the LAC, the LAC, appellants/landowners invoked References under Section 18 of the appellants/landowners invoked References under Section 18 of the appellants/landowners invoked References under Section 18 of the appellants/landowners invoked References under Section 18 of the 1894 Act, which came to be partly allowed by the learned Reference 1894 Act, which came to be partly allowed by the learned Reference 1894 Act, which came to be partly allowed by the learned Reference 1894 Act, which came to be partly allowed by the learned Reference Court vide its decision dated 20.11.201 Court vide its decision dated enhancing the market .2018, while enhancing the market value to a uniform rate of Rs.3,86,86,925 value to a uniform rate of per acre besides awarding 3,86,86,925/- per acre besides awarding all other statutory benefits/interest in their favour under the 1894 Act. all other statutory benefits/interest in their favour under the 1894 Act. all other statutory benefits/interest in their favour under the 1894 Act. all other statutory benefits/interest in their favour under the 1894 Act.

5. were preferred Aggrieved thereof, the present appeal(s) were preferred Aggrieved thereof, the present appeal GMADA and cross objections were filed at the instance of appellant-GMADA and cross objections were filed GMADA and cross objections were filed at the instance of by the respondents-landowners. by the respondents

6. I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone book as well as records of the case. through the paper-book as well as records of the case. through the paper

7. ), 118.5416 acres of land was In the present case(s), 118.5416 acres of land was ), 118.5416 acres of land was acquired from the revenue estate of Village Mullanpur Garibdass acquired from the revenue estate of Village Mullanpur Garibdass acquired from the revenue estate of Village Mullanpur Garibdass acquired from the revenue estate of Village Mullanpur Garibdass along with 42.7125 acres from the revenue estate of Village along with 42.7125 acres from the revenue estate of Village along with 42.7125 acres from the revenue estate of Village along with 42.7125 acres from the revenue estate of Village Ferozepur Bangar vide notification dated 17.05.2013 issued under Ferozepur Bangar vide notification dated 17.05.2013 issued under Ferozepur Bangar vide notification dated 17.05.2013 issued under Ferozepur Bangar vide notification dated 17.05.2013 issued under setting up of Section 4 of the Act for public purpose, namely, “for setting up of Section 4 of the Act for public purp Section 4 of the Act for public purp II (Health Facility) in the area of Mullanpur Tehsil Medicity Phase-II (Health Facility) in the area of Mullanpur Tehsil II (Health Facility) in the area of Mullanpur Tehsil Medicity Phase Kharar, District SAS Nagar, Mohali”. Kharar, District SAS Nagar, Mohali”

7.1. Prior thereto, vide notification dated 20.02.2009 and Prior thereto, vide notification dated 20.02.2009 and Prior thereto, vide notification dated 20.02.2009 and

10.08.2009 issued under Sections 4 and 6 of the 1894 Act 10.08.2009 issued under Sections 4 and 6 of the 1894 Act 10.08.2009 issued under Sections 4 and 6 of the 1894 Act 10.08.2009 issued under Sections 4 and 6 of the 1894 Act , the land forming part of Villages Mullanpur Garibdass, respectively, the land forming part of Villages Mullanpur Garibdass, , the land forming part of Villages Mullanpur Garibdass, respectively Ferozepur, Parol, Hoshiarpur and Majra Ferozepur, was acquired for the public Parol, Hoshiarpur and Majra was acquired for the public for construction of Road from Mullanpur Garibdass purpose, namely, “for construction of Road from Mullanpur Garibdass for construction of Road from Mullanpur Garibdass purpose, namely, “ SANJAY GUPTA 2026.05.20 18:40 I attest to the accuracy and integrity of this document RFA-793 793-2019 (O&M) & other connected cases connected cases [6] ” and this Court vide its decision dated to Kurali Sistan T-Junction” and this Court vide its decision dated ” and this Court vide its decision dated to Kurali Sistan T

27.01.2026 passed in RFA No.7762 27.01.2026 passed in RFA No.7762-2013 titled as “The Greater The Greater Mohali Area Development Authority, SAS Nagar (Mohali) Vs. Mohali Area Development Authority, SAS Nagar (Mohali) Vs. Mohali Area Development Authority, SAS Nagar (Mohali) Vs. Mohali Area Development Authority, SAS Nagar (Mohali) Vs. finally re- Baldev Singh (Deceased) th. His LRs and ors.”, finally re Baldev Singh (Deceased) th. His LRs and ors. Baldev Singh (Deceased) th. His LRs and ors. assessed the market value @ Rs.3,38,40 assessed the market va per acre with respect lue @ Rs.3,38,40,000/- per acre with respect to the said acquisition. A comparative to the said acquisition. of the two acquisitions A comparative table of the two acquisitions being relevant, is extracted hereunder being relevant, under:- Details Details Previous Acquisition Previous Acquisition Present Acquisition Present Acquisition Section 4 Section 4 Section 6 Section 6

20.02.2009

10.08.2009

17.05.2013

13.09.2013 Mullanpur Garibdass, Ferozepur Bangar Setting up of Medicity II (Health Facility) Phase-II (Health Facility) in the area of Mullanpur in the area of Mullanpur Tehsil Kharar, District SAS Tehsil Kharar, District SAS Nagar, Mohali. Dated 31.12.2013 per acre Rs.1,36,00,000/- per acre Revenue Estate of Revenue Estate of Village(s) involved Village(s) involved Public Purpose Public Purpose Mullanpur Garibdass, Mullanpur Garibdass, Ferozepur, Parol, Hoshiarpur and Majra Hoshiarpur and Majra Construction of road from Construction of road from Mullanpur Garib Dass to Mullanpur Garib Dass to Junction Kurali-Siswan T-Junction Award passed by Award passed by the LAC the LAC Dated 31.03.2010 Mullanpur Garibdass: Mullanpur Garibdass: Rs. 1,45,00,000/- per r acre. Ferozepur and Parol: Ferozepur and Parol: per acre. Rs.1,31,00,000/- per acre. Hoshiarpur: per acre Rs.1,35,00,000/- per acre Majra: per acre Rs.1,29,00,000/- per acre Award passed by Award passed by the learned the learned Reference Court. Reference Court. Dated: 22.07.2013 Dated: 20.11.2018 At a uniform rate of Rs.2,32,00,000/-. At a uniform rate of Rs.3,86,86,925/-. SANJAY GUPTA 2026.05.20 18:40 I attest to the accuracy and integrity of this document RFA-793 793-2019 (O&M) & other connected cases connected cases [7] Determination b Determination by this Court this Court Dated: 27.01.2026 RFA-7762-2013 titled as 2013 titled as GMADA vs. Baldev Singh GMADA vs. Baldev Singh (Deceased) through his LRs (Deceased) through his LRs and ors. At a uniform rate of Rs.3,38,40,000/-. ------

8. 14 and A conjoint perusal of the site plans Annexures A-14 and A conjoint perusal of the site plans Annexures A 15 produced on record by the appellant, it is evident that the major A-15 produced on record by the appellant, it is evident that the major 15 produced on record by the appellant, it is evident that the major 15 produced on record by the appellant, it is evident that the major portion of the revenue estates of Villages Mullanpur Garibdass and portion of the revenue estates of Villages Mullanpur Garibdass and portion of the revenue estates of Villages Mullanpur Garibdass and portion of the revenue estates of Villages Mullanpur Garibdass and Ferozepur Bangar are located on the 200 ft. wide master plan road Ferozepur Bangar are located on the 200 ft. wide master plan r Ferozepur Bangar are located on the 200 ft. wide master plan r Junction. leading from boundary of UT Chandigarh to Siswan T-Junction. leading from boundary of UT Chandigarh to Siswan T leading from boundary of UT Chandigarh to Siswan T the revenue Furthermore, as evident from the above chart, since the revenue Furthermore, as evident from the above chart, since Furthermore, as evident from the above chart, since involved in of Mullanpur Garibdass and Ferozepur Bangar are involved in of Mullanpur Garibdass and Ferozepur Bangar are estates of Mullanpur Garibdass and Ferozepur Bangar are both acquisitions and the land acquired in the present case both acquisitions and is located the land acquired in the present case is located in close geographical proximity of the land acquired under the in close geographical proximity of the land acquired under the in close geographical proximity of the land acquired under the in close geographical proximity of the land acquired under the previous acquisition , it would be appropriate for this Court to place previous acquisition , it would be appropriate for this Court to place previous acquisition , it would be appropriate for this Court to place previous acquisition , it would be appropriate for this Court to place reliance upon the decision dated 27.01.2026 reliance upon the decision dated

27.01.2026 passed in Baldev Baldev Singh’s (supra) being the best evidence available on the ’s case (supra) being the best evidence available on the (supra) being the best evidence available on the record.

9. Furthermore, from the evidence available on record in Furthermore, from the evidence available on record in Furthermore, from the evidence available on record in the form of Master Plan of New Chandigarh site plan (Annexure the form of Master Plan of New Chandigarh site plan ( the form of Master Plan of New Chandigarh site plan ( Annexure A- the carving out of 15), it is evident that under the previous acquisition, the carving out of 15), it is evident that under the previous acquisition 15), it is evident that under the previous acquisition Siwan T- 2 Road leading from Mullanpur Garibdass to Kurali-Siwan T 2 Road leading from Mullanpur Garibdass to Kurali HR-2 Road leading from Mullanpur Garibdass to Kurali Junction, to the potential value of the present , substantially added to the potential value of the present to the potential value of the present II is infact, located exactly acquired chunk. Major portion of Eco City-II is infact, located exactly acquired chunk. Major portion of Eco City acquired chunk. Major portion of Eco City SANJAY GUPTA 2026.05.20 18:40 I attest to the accuracy and integrity of this document RFA-793 793-2019 (O&M) & other connected cases connected cases [8] on the said road. Nonetheless that the revenue estate on the said road. s of the Nonetheless that the revenue estates of the acquired land in the case(s) in hand are located in close proximity to acquired land in the case(s) in hand are located in close proximity to acquired land in the case(s) in hand are located in close proximity to acquired land in the case(s) in hand are located in close proximity to Union Territory of Chandigarh. Union Territory of Chandigarh.

9.1. Thus, taking into account the locational and potential Thus, taking into account the locational and potential Thus, taking into account the locational and potential value attached to the acquired land in the present case(s), for the value attached to the acquired land in the present case(s), for the value attached to the acquired land in the present case(s), for the value attached to the acquired land in the present case(s), for the en the two notifications dated 20.02.2009 and time gap between the two notifications dated 20.02.2009 and en the two notifications dated 20.02.2009 and time gap betwe

17.05.2013 which is 04 years and 03 months, an appreciation @ 15% 17.05.2013 which is 04 years and 03 months, an appreciation @ 15% 17.05.2013 which is 04 years and 03 months, an appreciation @ 15% 17.05.2013 which is 04 years and 03 months, an appreciation @ 15% already per annum needs to be awarded on the market value already per annum needs to be awarded on the market value per annum needs to be awarded on the market value assessed assessed (Rs.3,38,40,000/- (Rs.3,38,40,000/ acre) which acre) which acre) which Rs.5,54,13,000/- per acre. The rel Rs.5,54,13,000/ iance with respect per acre. The reliance with respect percentage of appreciation @ 15 percent is placed upon the case of percentage of appreciation @ 15 percent is placed upon the case of percentage of appreciation @ 15 percent is placed upon the case of percentage of appreciation @ 15 percent is placed upon the case of Krishi Utpadan Mandi Samiti Sahaswan Dist. Badaun Thr. Its Krishi Utpadan Mandi Samiti Sahaswan Dist. Badaun Thr. Its Krishi Utpadan Mandi Samiti Sahaswan Dist. Badaun Thr. Its Krishi Utpadan Mandi Samiti Sahaswan Dist. Badaun Thr. Its