30.10.2025 Raj Kumar Raj Kumar …… v. Versus XEN PWD B&R Branch, Yamuna Nagar and anr. XEN PWD B&R Branch, Yamuna
Case Details
RFA-3468 3468-2003 (O&M) & other connected cases 3 (O&M) & other connected cases [1] cases) 114 (12 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 RFA-3468-2003 (O&M) Date of Decision: 30.10.2025 Date of Decision: 30.10.2025 Raj Kumar Raj Kumar …….Appellant Versus Versus XEN PWD B&R Branch, Yamuna Nagar and anr. XEN PWD B&R Branch, Yamuna Nagar XEN PWD B&R Branch, Yamuna Nagar ..….Respondents HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: Mr.Shivam Singh Chauhan, Advocate Present: Mr.Shivam Singh Chauhan, Advocate Present: Mr. R.S. Mamli, Advocate Mr. Deepak Kumar, Advocate Mr. Deepak Kumar, Advocate for the appellants. Mr. Abhinash Jain, DAG, Haryana. Mr. Abhinash Jain, DAG, Haryana. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) Regular First Vide this common order, a bunch of 12 Regular First Vide this common order, a bunch of 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 acquisition/Award involving common facts and question of law. For acquisition/Award involving common facts and question of law. For acquisition/Award involving common facts and question of law. For acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from RFA No.3468 of 2003 the sake of brevity, facts are being taken the sake of brevity, facts are being taken 2003. 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 the Award dated passed by the Court of Additional Award dated 02.05.2003 passed by the Court of Additional passed by the Court of Additional District Judge, Yamuna Nagar at Jagadhari District Judge, Reference Court. Yamuna Nagar at Jagadhari-cum-Reference Court. 3. Briefly stating, 61 kanals 1 , situated within kanals 12 marlas of land, situated within SANJAY GUPTA 2025.11.12 09:11 I attest to the accuracy and integrity of this document RFA-3468 3468-2003 (O&M) & other connected cases 3 (O&M) & other connected cases [2] Kalanaur, Tehsil and District Yamuna the revenue estate of Village Kalanaur, Tehsil and District Yamuna Kalanaur, Tehsil and District Yamuna the revenue estate of Village acquired by the Government of Haryana vide notifications Nagar, was acquired by the Government of Haryana vide notifications acquired by the Government of Haryana vide notifications Nagar, was dated 20.03.199 20.03.1998 and 18.02.1999 published on 24.02.1999, issued and 18.02.1999 published on 24.02.1999, issued f the Land Acquisition Act, 1894, for short under Sections 4 and 6 of the Land Acquisition Act, 1894, for short f the Land Acquisition Act, 1894, for short under Sections 4 and 6 o respectively, ‘the Act’ respectively, ‘the Act’ for public purpose for public purpose i.e. i.e. construction for construction for level Bridge on Yamuna River in K.M. 25 of “approacher of High-level Bridge on Yamuna River in K.M. 25 of level Bridge on Yamuna River in K.M. 25 of “approacher of High The Land Acquisition Collector (for Sharanpur-Kurukshetra Road”. The Land Acquisition Collector (for The Land Acquisition Collector (for Sharanpur short ‘the LAC’) vide award 15.01.2000 short ‘the LAC’) vi assessed market value of the 15.01.2000 assessed market value of the acquired land @ Rs.2,00,000/- per acre for all types of land, acquired land besides per acre for all types of land, besides granting all other statutory benefits under the Act. granting all other statutory benefits under the Act granting all other statutory benefits under the Act 4. appellants/ Dissatisfied with the aforesaid award, the appellants/ Dissatisfied with the aforesaid award, landowners filed reference petitions invoking landowners Section 18 of the Act, invoking Section 18 of the Act,
Decision
which came to be disposed of by the learned Reference Court while which came to be disposed of by the learned Reference Court while which came to be disposed of by the learned Reference Court while which came to be disposed of by the learned Reference Court while enhancing the market value of the acquired land @ Rs. enhancing per the market value of the acquired land @ Rs.3,00,000/- per all other statutory benefits under the Act. acre besides granting all other statutory benefits under the Act. acre besides 5. dissatisfied with the Award passed by the learned Still dissatisfied with the Award passed by the learned dissatisfied with the Award passed by the learned Reference Court, the present appeals were preferred at the instance Reference Court, the present appeals were preferred at the instance Reference Court, the present appeals were preferred at the instance Reference Court, the present appeals were preferred at the instance as well as respondent State. of appellants/ landowners as well as respondent State. of appellants/ landowners 6. Impugning the aforementioned award, learned counsel(s) Impugning the aforementioned award, learned counsel(s) Impugning the aforementioned award, learned counsel(s) for for the appellants/ the appellants/ owners submit landowners submit owners submit land that that that though though though the the the learned learned learned Reference Court has rightly placed reliance upon sale instance Ex.P1 Reference Court has rightly placed reliance upon sale instance Ex.P1 Reference Court has rightly placed reliance upon sale instance Ex.P1 Reference Court has rightly placed reliance upon sale instance Ex.P1 dated 23.01.1991 for the purpose of determination of compensation in dated 23.01.1991 for the purpose of determination of compensation in dated 23.01.1991 for the purpose of determination of compensation in dated 23.01.1991 for the purpose of determination of compensation in the present case considering the fact that the sale instance present case, however, considering the fact that the sale instance considering the fact that the sale instance SANJAY GUPTA 2025.11.12 09:11 I attest to the accuracy and integrity of this document RFA-3468 3468-2003 (O&M) & other connected cases 3 (O&M) & other connected cases [3] 23.01.1991); whereas the notification pertained to the year 1991 (dated 23.01.1991); whereas the notification 23.01.1991); whereas the notification pertained under Section 4 of the Act of the case in hand was issued on under Section 4 of the Act of the case in hand was issued on under Section 4 of the Act of the case in hand was issued on under Section 4 of the Act of the case in hand was issued on 20.03.1998 an appreciation @ 15% per annum was 3.1998, consequently, an appreciation @ 15% per annum was an appreciation @ 15% per annum was owing to the required to be granted in favour of the landowners owing to the required to be granted in favour of the landowners required to be granted in favour of the landowners prolonged time gap submits that in terms of the fact that the ged time gap. He further submits that in terms of the fact that the submits that in terms of the fact that the acquisition was carried out for the public purpose, i.e. for construction acquisition was carried out for the public purpose, i.e. for construction acquisition was carried out for the public purpose, i.e. for construction acquisition was carried out for the public purpose, i.e. for construction of H.L. Bridge, Yamuna River and connecting highway to the said of H.L. Bridge, Yamuna River and connecting highway to the said of H.L. Bridge, Yamuna River and connecting highway to the said of H.L. Bridge, Yamuna River and connecting highway to the said bridge, and the respondent State was not to suff bridge, and the respondent State any land or was not to suffer loss of any land or incur any cost towards providing of additional infrastructural facilities, cost towards providing of additional infrastructural facilities any cost towards providing of additional infrastructural facilities thus, 1/3rd deduction made was highly excessive. Learned counsel was highly excessive. Learned counsel, was highly excessive. Learned counsel thus, 1/3 that based on the evidence available on record, therefore, concludes that based on the evidence available on record, that based on the evidence available on record, therefore, concludes required to be reassessed and enhanced the market value was required to be reassessed and enhanced required to be reassessed and enhanced the market value was accordingly. accordingly. 7. On the other hand, learned counsel appearing on behalf of On the other hand, learned counsel appearing on behalf of On the other hand, learned counsel appearing on behalf of the State has placed on record ‘aks shajra the State has placed on record ‘ ’ prepared by the Revenue aks shajra’ prepared by the Revenue Sunny, Junior Engineer, Department of Authorities duly signed by Mr. Sunny, Junior Engineer, Department of Sunny, Junior Engineer, Department of Authorities duly signed by Mr. epartment, Yamuna Nagar, for the purpose of referring to the PWD Department, Yamuna Nagar, for the purpose of referring to the epartment, Yamuna Nagar, for the purpose of referring to the epartment, Yamuna Nagar, for the purpose of referring to the location of sale deeds Ex.P1, Ex.R1 and Ex.R2 in comparison to the location of sale deeds Ex.P1, Ex.R1 and Ex.R2 in comparison to the location of sale deeds Ex.P1, Ex.R1 and Ex.R2 in comparison to the location of sale deeds Ex.P1, Ex.R1 and Ex.R2 in comparison to the land under acquisition in the present case land under acquisition in the present case. The said site plan consists s of and as such two sheets duly countersigned by learned State counsel and as such two sheets duly countersigned by learned State counse two sheets duly countersigned by learned State counse the same is taken on record as Mark ‘X’, for the assistance of the Court the same is taken on record as Mark ‘X’, for the assistance of the Court the same is taken on record as Mark ‘X’, for the assistance of the Court the same is taken on record as Mark ‘X’, for the assistance of the Court towards effective adjudication of the appeals. towards effective adjudication of the appeals. towards effective adjudication of the appeals. 8. Referring to the site plan, Mark ‘X’, learned State counsel Referring to the site plan, Mark ‘X’, learned State counsel Referring to the site plan, Mark ‘X’, learned State counsel relying upon submits that the learned Reference Court went wrong while relying upon submits that the learned Reference Court went wrong while submits that the learned Reference Court went wrong while SANJAY GUPTA 2025.11.12 09:11 I attest to the accuracy and integrity of this document RFA-3468 3468-2003 (O&M) & other connected cases 3 (O&M) & other connected cases [4] the sale instance Ex.P1 which was situated at a distance of around 1.5 the sale instance Ex.P1 which was situated at a distance of around 1.5 the sale instance Ex.P1 which was situated at a distance of around 1.5 the sale instance Ex.P1 which was situated at a distance of around 1.5 to 2 kms and thus the same could not have been relied upon for the to 2 kms and thus the same could not have been relied upon for the to 2 kms and thus the same could not have been relied upon for the to 2 kms and thus the same could not have been relied upon for the purpose of determination of compensation. He further contends that purpose of determination of compensation purpose of determination of compensation the e relied upon the sale instance learned Reference Court should have relied upon the sale instance e relied upon the sale instance learned Reference Court should hav Ex.R1 dated dated 05.11.1997 and Ex.R2 dated 19. , land under 05.11.1997 and Ex.R2 dated 19.02.1997, land under which was 700 meters from the acquired land. was at the distance of merely 700 meters from the acquired land. 700 meters from the acquired land. that as per Exs.R1 and R2, maximum Learned counsel thus submits that as per Exs.R1 and R2, maximum that as per Exs.R1 and R2, maximum Learned counsel thus almost market value per acre was Rs.1.97 lakhs and the same was almost market value per acre was Rs.1.97 lakhs and the same was market value per acre was Rs.1.97 lakhs and the same was Rs.2 lakhs per equivalent to the compensation awarded by the LAC at Rs.2 lakhs per equivalent to the compensation awarded by the LAC equivalent to the compensation awarded by the LAC acre and consequently, the further enhancement acre and by the learned further enhancement granted by the learned Reference Court in favour of the landowners Reference Court in . Thus, favour of the landowners was not required. Thus, appeals filed at the instance of respondent State were the cross-appeals filed at the instance of respondent State were appeals filed at the instance of respondent State were the cross required to be allowed; whereas the appeals preferred at the instance of required to be allowed; whereas the appeals preferred at the instance of required to be allowed; whereas the appeals preferred at the instance of required to be allowed; whereas the appeals preferred at the instance of appellants/ landowners were to be dismissed. appellants/ landowners were to be dismissed. appellants/ landowners were to be dismissed. 9. counsel for the parties and gone I have heard learned counsel for the parties and gone counsel for the parties and gone through the paper-book(s) as well. through the paper 10. In the present case, a positive finding of fact has been In the present case, a positive finding of fact has been In the present case, a positive finding of fact has been recorded by the Reference Court to the effect that the land under recorded by the Reference Court to the effect that the land under recorded by the Reference Court to the effect that the land under recorded by the Reference Court to the effect that the land under acquisition in the present case is situated on the National acquisition Highway and situated on the National Highway and is adjoining to the petrol pump and shops. No evidence to the contrary is adjoining to the petrol pump and shops. No evidence to the contrary is adjoining to the petrol pump and shops. No evidence to the contrary is adjoining to the petrol pump and shops. No evidence to the contrary has been referred to or relied upon by learned State counsel to rebut has been referred to or relied upon by learned State counsel to rebut has been referred to or relied upon by learned State counsel to rebut has been referred to or relied upon by learned State counsel to rebut the said finding. Relevant extract in this regard from the learned the said finding. Relevant extract in this regard from the learned the said finding. Relevant extract in this regard from the learned the said finding. Relevant extract in this regard from the learned Reference Court award is reproduced hereunder: Reference Court award is hereunder:- “Admittedly, “Admittedly, “Admittedly, the the the land acquired land acquired land acquired is is is SANJAY GUPTA 2025.11.12 09:11 I attest to the accuracy and integrity of this document RFA-3468 3468-2003 (O&M) & other connected cases 3 (O&M) & other connected cases [5] situated on situated on situated on the national highway and the national highway and the national highway and adjoining to the petrol pump and shops.” adjoining to the petrol pump and shops.” A perusal of site plan Mark A perusal of site plan Mark A perusal of site plan Mark ‘X’ produced by ‘X’ produced by ‘X’ produced by the the the respondents shows that the sale instance Ex.P1 dated 23.01.1991 respondents shows that the sale instance Ex.P1 dated 23.01.1991 respondents shows that the sale instance Ex.P1 dated 23.01.1991 respondents shows that the sale instance Ex.P1 dated 23.01.1991 relied upon by the learned Reference Court for the purpose of relied upon by the learned Reference Court for the purpose of relied upon by the learned Reference Court for the purpose of relied upon by the learned Reference Court for the purpose of determination of Market Value, abuts the State Highway by determination of Market Value, just 1 Killa abuts the State Highway by just 1 Killa and the sam same State Highway abuts the land under acquisition the land under acquisition as well as well; whereas the land parcels forming part of whereas the sale exemplar Ex.R1 dated land parcels forming part of sale exemplar Ex.R1 dated far away from 05.11.1997 and Ex.R2 dated 19.12.1997, are situated far away from 05.11.1997 and Ex.R2 dated 19.12.1997, are 05.11.1997 and Ex.R2 dated 19.12.1997, are the said State Highway i.e. at a distance of around 700 meters. the said State Highway i.e. at a distance of around 700 meters. the said State Highway i.e. at a distance of around 700 meters. 11. In such circumstances, no illegality can be found with the In such circumstances, no illegality can be found with the In such circumstances, no illegality can be found with the findings recorded by the learned Reference Court while having placed findings recorded by the learned Reference Court while having placed findings recorded by the learned Reference Court while having placed findings recorded by the learned Reference Court while having placed reliance upon the sale instance Ex.P1 dated 23.01.1991 for the reliance upon the sale instance Ex.P1 dated 23.01.1991 for the reliance upon the sale instance Ex.P1 dated 23.01.1991 for the reliance upon the sale instance Ex.P1 dated 23.01.1991 for the merely purpose of determination of market value in the case in hand merely purpose of determination of market value in the case in hand purpose of determination of market value in the case in hand for the reason that the land forming part thereunder is at a distance of for the reason that the land forming part thereunder is at a distance of for the reason that the land forming part thereunder is at a distance of for the reason that the land forming part thereunder is at a distance of around 2 kms. from the acquired land; especially when the land around 2 kms. from the acquired land; especially when the land around 2 kms. from the acquired land; especially when the land around 2 kms. from the acquired land; especially when the land forming part of Ex.P1 is also adjacent to the same State Highway on forming part of Ex.P1 is also adjacent to the same State Highway on forming part of Ex.P1 is also adjacent to the same State Highway on forming part of Ex.P1 is also adjacent to the same State Highway on which the land under acquisition exists. which the land under acquisition exists. which the land under acquisition exists. 12. Moreover, no interference is warranted with respect to the Moreover, no interference is warranted with respect to the Moreover, no interference is warranted with respect to the 1/3rd deduction applied deduction applied towards the sale price as derived from the sale the sale price as derived from the sale instance Ex.P1 dated 23.01.1991 for 1K instance Ex.P1 dated 23.01.1991 the reason for 1K-10M because of the reason that the land forming part of the said sale instance abuts the State that the land forming part of the said sale instance abuts the State that the land forming part of the said sale instance abuts the State that the land forming part of the said sale instance abuts the State at a distance of around 2 kms. from Highway even though it is situated at a distance of around 2 kms. from at a distance of around 2 kms. from Highway ue the acquired land especially when it forms part of the same revenue the acquired land especially when it forms part of the acquired land especially when it forms part of SANJAY GUPTA 2025.11.12 09:11 I attest to the accuracy and integrity of this document RFA-3468 3468-2003 (O&M) & other connected cases 3 (O&M) & other connected cases [6] estate i.e. Village Kalanaur. However, the sale estate i.e. Village Kalanaur. instance Ex.P1 is However, the sale instance Ex.P1 is dated 23.01.1991; whereas the acquisition in the present case dated 23.01.1991; whereas the acquisition in the present case dated 23.01.1991; whereas the acquisition in the present case dated 23.01.1991; whereas the acquisition in the present case commenced vide notification dated 20.0 commenced vide notification dated 20. issued under Section 4 03.1998 issued under Section 4 , there seems to be a considerable time gap of almost 07 of the Act, there seems to be a considerable time gap of almost 07 , there seems to be a considerable time gap of almost 07 of the Act years. Consequently, a suitable appreciat years. Consequently, ion at the compound rate of a suitable appreciation at the compound rate of especially 12% per annum needs to be awarded over its sale price especially 12% per annum needs to be awarded 12% per annum needs to be awarded when the land under acquisition abuts the when the land under acquisition abuts State Highway leading from the State Highway leading from Saharanpur and is also in the vicinity of already Kurukshetra to Saharanpur and is also in the vicinity of already Saharanpur and is also in the vicinity of already Kurukshetra existing petrol pump and shops etc. existing petrol pump and shop 13. in view of aforesaid discussion, applying Accordingly, in view of aforesaid discussion, applying in view of aforesaid discussion, applying appreciation @ 12% per annum for a period of 85 months over and appreciation @ 12% per annum for a period of 85 months over and appreciation @ 12% per annum for a period of 85 months over and appreciation @ 12% per annum for a period of 85 months over and (Ex.P1); the value comes to Rs.10,00,289.12/- (Ex.P1); the value comes to Rs.10,00,289.12/ above Rs. 4,48,000/- (Ex.P1); the value comes to Rs.10,00,289.12/ above Rs. per acre and after applying 1/3rd deduction, the market value per acre deduction, the market value per acre deduction, the market value per acre per acre and after applying 1/3 for the acquired land as on the date of notification under Section 4 of for the acquired land as on the date of notification under Section 4 of for the acquired land as on the date of notification under Section 4 of for the acquired land as on the date of notification under Section 4 of the Act, comes to Rs.6,66,859.74/- (rounded of the Act, comes to Rs.6,66,859.74/ he (rounded off Rs.6,66,860/-). The appellants/landowners shall also be entitled for all other statutory appellants/landowners shall also be entitled for all other statutory appellants/landowners shall also be entitled for all other statutory appellants/landowners shall also be entitled for all other statutory benefits and interest and interest, especially the benefit of as the benefit of interest on solatium as provided under the Act. provided under the Act 14. In the wake of discussion made hereinabove, the appeals In the wake of discussion made hereinabove, the appeals In the wake of discussion made hereinabove, the appeals filed at the instance of appellants/landowners are partly allowed; filed at the instance of appellants/landowners are partly allowed; filed at the instance of appellants/landowners are partly allowed; filed at the instance of appellants/landowners are partly allowed; whereas the appeals filed at the instanc whereas the appeals fil e of respondent/ State are d at the instance of respondent/ State are hereby dismissed. hereby dismissed. 15. Further, wherever, Further, wherever, Further, wherever, the the the landowner(s) landowner(s) landowner(s) has/have has/have has/have objection(s) after filing unfortunately expired in the appeal(s)/ cross-objection(s) after filing unfortunately expired in the appeal(s)/ cross unfortunately expired in the appeal(s)/ cross SANJAY GUPTA 2025.11.12 09:11 I attest to the accuracy and integrity of this document RFA-3468 3468-2003 (O&M) & other connected cases 3 (O&M) & other connected cases [7] thereof and the legal heirs have not been impleaded, they shall be thereof and the legal heirs have not been impleaded, they shall be thereof and the legal heirs have not been impleaded, they shall be thereof and the legal heirs have not been impleaded, they shall be cution of the present decision by moving at liberty to seek execution of the present decision by moving cution of the present decision by moving at liberty to seek exe appropriate application(s) before the learned Executing Court. appropriate application(s) before the learned Executing Court. appropriate application(s) before the learned Executing Court. 16. Pending misc. application(s), if any, shall also stand Pending misc. application(s), if any, shall also stand Pending misc. application(s), if any, shall also stand disposed of. disposed of. 2025 30.10.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No Sr. No. Sr. No. 1. 1. 2. 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. 11. 11. Case No. RFA-3315-2003 (O&M) (O&M) (O&M) RFA-3316-2003 (O&M) RFA-3317-2003 (O&M) (O&M) RFA-3318-2003 (O&M) (O&M) (O&M) RFA-3319-2003 (O&M) RFA-3469-2003 (O&M) (O&M) RFA-3492-2003 (O&M) (O&M) (O&M) RFA-3954-2003 (O&M) RFA-4057-2003 (O&M) (O&M) RFA-4452-2003 (O&M) (O&M) 2003 (O&M) RFA-4560-2003 (O&M) 2025 30.10.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE SANJAY GUPTA 2025.11.12 09:11 I attest to the accuracy and integrity of this document