LRs Nekki Ram (deceased) through LRs and ors. State of Haryana State of Haryana v. Versus
Case Details
RFA-2070 2070-1998 (O&M) & 4 others [1 1] cases) 119 (5 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 ***** Date of Decision: 13.11.2025 Date of Decision: RFA No. 2070 of 1998 (O&M) RFA No. Nekki Ram (deceased) through LRs Nekki Ram (deceased) through LRs and ors. State of Haryana State of Haryana Versus Versus …….Appellants ..….Respondent HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: Present: S.K. Goel, Advocate for Mr. S.K. Goel, Advocate for for the appellants/ landowners. for the appellants/ landowners. 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 05 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.2070-1998. the sake of brevity, facts are being taken the sake of brevity, facts are being taken 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 18.09.1997 laid to the decision dated passed by the learned 18.09.1997 passed by the learned Additional District Judge, Kaithal-cum 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. 3.16 acres (on measurement it was found Briefly stating, 3.16 acres (on measurement it was found 3.16 acres (on measurement it was found to be 2.93 acres , situated within the revenue estate of Village 2.93 acres) of land, situated within the revenue estate of Village , situated within the revenue estate of Village SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document RFA-2070 2070-1998 (O&M) & 4 others [2 2] acquired by Pabnawa, Tehsil and District Kaithal, wassought to be acquired by Pabnawa, Tehsil and District Kaithal Pabnawa, Tehsil and District Kaithal the Government of Haryana vide notifications dated 11.08.199 the Government of Haryana vide notifications dated the Government of Haryana vide notifications dated 11.08.1994 published on 06.09.1994 and 05.12.1994, published on 20.12.1994, published on 06.09.1994 and 05.12.1994, published on 20.12.1994, published on 06.09.1994 and 05.12.1994, published on 20.12.1994, published on 06.09.1994 and 05.12.1994, published on 20.12.1994, and 6 of the Land Acquisition Act, 1894, issued under Sections 4(1) and 6 of the Land Acquisition Act, 1894, and 6 of the Land Acquisition Act, 1894, issued under Sections 4 construction for short ‘the Act’respectively, for public purpose i.e. for construction for short ‘the Act’respectively, for public purpose i.e. for for short ‘the Act’respectively, for public purpose i.e. for of New Dhand Bye Pass. Dhand Bye Pass. The Land Acquisition Col lector (for short The Land Acquisition Collector (for short assessed market value in respect of ‘the LAC’) vide award 30.03.1995assessed market value in respect of assessed market value in respect of ‘the LAC’) vide award the acquired land @ Rs.1,20,000/- for Nehri and Chahi land, the acquired land besides for Nehri and Chahi 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. ellants/ Dissatisfied with the aforesaid award, the appellants/ Dissatisfied with the aforesaid award, landownersfiled reference petitions invoking landownersfiled 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 determining the market value of the acquired land @ Rs.2,20,000/ determining the market value of the acquired land @ Rs. determining the market value of the acquired land @ Rs. 2,20,000/- per acre besides all other statutory benefits under the Act. per acre besides all other statutory benefits u per acre besides all other statutory benefits u 5. Award passed by the learned Reference Aggrieved of the Award passed by the learned Reference 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. appellants/ landowners 6. learned counsel Impugning the aforementioned Award, learned counsel Impugning the aforementioned Award, appellants/ landowners submits that the learned Reference for the appellants/ landowners submits that the learned Reference appellants/ landowners submits that the learned Reference appellants/ landowners submits that the learned Reference went wrong having discarded the sale instance Ex.P2 dated Court went wrong having discarded the sale instance Ex.P2 dated went wrong having discarded the sale instance Ex.P2 dated went wrong having discarded the sale instance Ex.P2 dated to a small 23.03.1994, merely for the reason that the same pertained to a small 23.03.1994, merely for the reason that the same pertain 23.03.1994, merely for the reason that the same pertain parcel of area. He further contends that once it was established parcel of area. He further contends that parcel of area. He further contends that on record that the land under acquisition was having commercial as well record that the land under acquisition was having commercial as well record that the land under acquisition was having commercial as well record that the land under acquisition was having commercial as well as residential potentiality comparable as residential potentiality of the sale exemplar comparable to that of the sale exemplar SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document RFA-2070 2070-1998 (O&M) & 4 others [3 3] Ex.P2 dated 23.03.1994, which was for an area measuring 37 sq. Ex.P2 dated 23.03.1994, which was for an area measuring 37 sq. Ex.P2 dated 23.03.1994, which was for an area measuring 37 sq. Ex.P2 dated 23.03.1994, which was for an area measuring 37 sq. yards sold for Rs.6000/- and the price per acre was yards sold for Rs.6000/ around Rs.6.40 and the price per acre was around Rs.6.40 was required to be in award it was Rs.4.80 lakhs), the samewas required to be lakhs (in award it was Rs.4.80 lakhs) in award it was Rs.4.80 lakhs) taken into account for the purpose of assessment of compensation by taken into account for the purpose of assessment of compensation taken into account for the purpose of assessment of compensation taken into account for the purpose of assessment of compensation applying appropriate deduction of 25% towards the smallness of applying appropriate deduction of 25% towards the smallness of applying appropriate deduction of 25% towards the smallness of applying appropriate deduction of 25% towards the smallness of submits that the appeal area involved therein. Learned counsel thus submits that the appeal area involved therein. Learned counsel thus area involved therein. Learned counsel thus preferred at the instance of appellant needs preferred at the instance of appellant needs to be allowed. 7. On the other hand, learned State counsel submits that the On the other hand, learned State counsel submits that the On the other hand, learned State counsel submits that the land under acquisition in the present case belongs to Village land under acquisition in the present case belongs to Village land under acquisition in the present case belongs to Village land under acquisition in the present case belongs to Village Pabnawa whereas sale instance Ex.P2 Pabnawa whereas e deed from sale instance Ex.P2 being a sale deed from different village i.e. Village Dhand, cannot be relied upon for the different village i.e. Village Dhand, cannot be relied upon for the different village i.e. Village Dhand, cannot be relied upon for the different village i.e. Village Dhand, cannot be relied upon for the assessment of market value in the present case. He further submits assessment of market value in the present case. He further submits assessment of market value in the present case. He further submits assessment of market value in the present case. He further submits thatEx.P2 being of small parcel of land thatEx.P2 sq. yards was land measuring 50 sq. yards was especially when there rightly declined by the learned Reference Court especially when there rightly declined by the learned Reference rightly declined by the learned Reference evidence available on record to depict the location of the was no evidence available on record to depict the location of the evidence available on record to depict the location of the was no same in comparison to the land under acquisition.He thus same in comparison prays that to the land under acquisition.He thus, prays that the appeal in hand is liable to be dismissed. the appeal in hand is liable to be dismissed. the appeal in hand is liable to be dismissed. 8. 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 through the paper book as well as records of the case. 9. Admittedly, from the perusal of record, it is seen that sale Admittedly, from the perusal of record, it is seen that sale Admittedly, from the perusal of record, it is seen that sale instance Ex.P2 relates to Village Dhand, whereas the land under instance Ex.P2 relates to Village Dhand, whereas the land under instance Ex.P2 relates to Village Dhand, whereas the land under instance Ex.P2 relates to Village Dhand, whereas the land under present case forms part of Village Pabnawa. acquisition in the present case forms part of Village Pabnawa. present case forms part of Village Pabnawa. acquisition However, no other sale instance related to Village Pabnawa has been However, no other sale instance related to Village Pabnawa has been However, no other sale instance related to Village Pabnawa has been However, no other sale instance related to Village Pabnawa has been produced on record for determination of market value of the acquired produced on record for determination of market value of the acquired produced on record for determination of market value of the acquired produced on record for determination of market value of the acquired SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document RFA-2070 2070-1998 (O&M) & 4 others [4 4] land, rather it is admitted by both the parties that there exists no land, rather it is admitted by both the parties that there exists no land, rather it is admitted by both the parties that there exists no land, rather it is admitted by both the parties that there exists no poraneous sale instance for Village Pabnawa as land under contemporaneous sale instance for Village Pabnawa as land under poraneous sale instance for Village Pabnawa as land under poraneous sale instance for Village Pabnawa as land under . In such circumstances, where it is acquisition in the case in hand. In such circumstances, where it is . In such circumstances, where it is acquisition in the case in hand also admitted fact that Village Pabnawa and Dhand are adjacent also admitted fact that Village Pabnawa and Dhand are adjacent also admitted fact that Village Pabnawa and Dhand are adjacent also admitted fact that Village Pabnawa and Dhand are adjacent at in villages, Ex.P2 is to be relied upon in wake of well settled law that in villages, Ex.P2 is to be relied upon in wake of well settled law th villages, Ex.P2 is to be relied upon in wake of well settled law th absence of comparable sale deeds of the contemporaneous period, absence of comparable sale deeds of the contemporaneous period, absence of comparable sale deeds of the contemporaneous period, absence of comparable sale deeds of the contemporaneous period, then the Court should look towards then the Court should look the sale deed of the nearby towards the sale deed of the nearby village(s) as held by Hon’ble Apex Court in the case of Lal Chand village(s) as held by Hon’ble Apex Court in the case of village(s) as held by Hon’ble Apex Court in the case of Lal Chand