RFA No. 2680-1998 (O&M) RFA No. State of Haryana State of Haryana State of v. Versus (Deceased) through LRs an
Case Details
RFA-2680 2680-1998 (O&M) [1 1] 112 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: 08.12.2025 Date of Decision: RFA No. 2680-1998 (O&M) RFA No. State of Haryana State of Haryana State of Haryana State of Haryana Division, PWD B&R, Naraingarh. Division, PWD B&R, Naraingarh. through Executive Engineer, Provincial through Executive Engineer, Provincial through Executive Engineer, Provincial through Executive Engineer, Provincial …….Appellant Versus Versus (Deceased) through LRs and ors. Smt. Shanti (Deceased) through LRs and ors. Smt. Shanti ..….Respondents HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM:
Legal Reasoning
Abhinash Jain, DAG, Haryana. Present: Mr.Abhinash Jain, DAG, Haryana. Present: Mr. Inderjeet Singh, Advocate Mr. Inderjeet Singh, Advocate for the respondents/ landowners. for the respondents/ landowners. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) 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 14.05.1998 laid to the decision dated passed by the learned 14.05.1998 passed by the learned Additional District Judge, Jagadhri-cum Additional District Judge, cum-Reference Court. 2. Briefly stating, 1.08 acres , situated within the 1.08 acres of land, situated within the Villages Thaska, Mehmoodpur and Pammuwala revenue estate of Villages Thaska, Mehmoodpur and Pammuwala Villages Thaska, Mehmoodpur and Pammuwala revenue estate of was acquired by the Government of acquired by the Government of Haryana vide notifications dated Haryana vide notifications dated 04.02.1989 (published on 05.02.1987 04.02.1989 (published on 19.03.1987 (published on 05.02.1987) and 19.03.1987 (published on issued under Sections 4 and 6 of the Land Acquisition 24.03.1987), issued under Sections 4 and 6 of the Land Acquisition issued under Sections 4 and 6 of the Land Acquisition 24.03.1987) respectively, for public purpose i.e. for respectively, for public purpose i.e. Act, 1894, for short ‘the Act’ respectively, for public purpose i.e. Act, 1894, for construction of ‘link road from Mehmoodpur to Pammuwala construction of ‘ The link road from Mehmoodpur to Pammuwala’. The SANJAY GUPTA 2025.12.12 19:38 I attest to the accuracy and integrity of this document RFA-2680 2680-1998 (O&M) [2 2] No.27 Land Acquisition Collector (for short ‘the LAC’) vide award No.27 Land Acquisition Collector (for short ‘the LAC’) vide award Land Acquisition Collector (for short ‘the LAC’) vide award dated 25.06.1988 assessed market value in respect of the acquired 25.06.1988 assessed market value in respect of the acquired assessed market value in respect of the acquired land @ Rs. @ Rs.15,000/- per acre for Chahi, Rs.10,000/ per acre for per acre for Chahi, Rs.10,000/- per acre for Barani and Rs.2500/- per acre for Gair Mumkin Barani and Rs.2500/ besides granting all per acre for Gair Mumkin, besides granting all . other statutory benefits under the Act. other statutory benefits under the Act 4. appellants/ Dissatisfied with the aforesaid award, the appellants/ Dissatisfied with the aforesaid award, landowners filed reference petition 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 per determining the market value of the acquired land @ Rs.26,600/- per determining the market value of the acquired land @ Rs. determining the market value of the acquired land @ Rs. including 30% besides all other statutory benefits under the Act including 30% besides all other statutory benefits under the Act acre, besides all other statutory benefits under the Act solatium as well as interest thereon. solatium as well as interest thereon. 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 State. Court, the present appeals were preferred at the instance of Court, the present appeals were preferred at the instance of 6. Impugning the aforementioned award, learned counsel for Impugning the aforementioned award, learned counsel for Impugning the aforementioned award, learned counsel for the appellant t the learned Reference Court went appellant-State submits that the learned Reference Court went t the learned Reference Court went wrong having discarded the sale deed dated 12.02.1987 (Ex.R1) vide wrong having discarded the sale deed dated 12.02.1987 (Ex.R1) vide wrong having discarded the sale deed dated 12.02.1987 (Ex.R1) vide wrong having discarded the sale deed dated 12.02.1987 (Ex.R1) vide and the base price per which 7 marlas of land was sold for Rs.400/- and the base price per which 7 marlas of land was sold for Rs.400/ which 7 marlas of land was sold for Rs.400/ acre was Rs.10,000/-. He submits that the land comprised in acre was Rs.10,000/ ale deed . He submits that the land comprised in sale deed (Ex.R1) even belongs even belongs even belongs to to to the same revenue estate of Village the same revenue estate of Village the same revenue estate of Village Pammuwala and thus the same was required to be taken into account Pammuwala and thus the same was required to be taken into account Pammuwala and thus the same was required to be taken into account Pammuwala and thus the same was required to be taken into account while making assessment of market value and as such the impugned while making assessment of market value and as such the impugned while making assessment of market value and as such the impugned while making assessment of market value and as such the impugned award passed by award passed by award passed by award passed by the the the the learned Reference Court whereby learned Reference Court whereby learned Reference Court whereby learned Reference Court whereby the the the the respondents/ landowners were granted market value @ Rs.26,600/ respondents/ land per owners were granted market value @ Rs.26,600/- per acre was required to be set aside and consequently the award passed acre was required to be set aside and consequently the award passed acre was required to be set aside and consequently the award passed acre was required to be set aside and consequently the award passed SANJAY GUPTA 2025.12.12 19:38 I attest to the accuracy and integrity of this document RFA-2680 2680-1998 (O&M) [3 3] by the LAC was liable to be restored. by the LAC was liable to be restored. 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 award passed by the learned respondents/ landowners submits that the award passed by the learned respondents/ landowners submits that respondents/ landowners submits that was based on proper appreciation of pleadings and the Reference Court was based on proper appreciation of pleadings and the was based on proper appreciation of pleadings and the Reference Court evidence available on record and thus evidence available on record and thus evidence available on record and thus evidence available on record and thus the same calls the same calls the same calls the same calls for no for no for no for no interference. interference. 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 case. through the paper I do not find as well as records of the case. I do not find substance in the submissions made on substance in the submissions made appellant State. on behalf of the appellant State. 9. In the present case, land forming part of three revenue In the present case, land forming part of three revenue In the present case, land forming part of three revenue estates of Villages Thaska, Mehmoodpur and Pammuwala, came to estates of Villages Thaska, Mehmoodpur and Pammuwala, came to estates of Villages Thaska, Mehmoodpur and Pammuwala, came to estates of Villages Thaska, Mehmoodpur and Pammuwala, came to ification dated 05.02.1987 issued under Section be acquired vide notification dated 05.02.1987 issued under Section ification dated 05.02.1987 issued under Section be acquired link road from Mehmoodpur 4 of the Act for public purpose, namely, ‘link road from Mehmoodpur 4 of the Act for public purpose, namely, 4 of the Act for public purpose, namely, vide award dated 07.01.1998 passed by the to Pammuwala’ and vide award dated 07.01.1998 passed by the vide award dated 07.01.1998 passed by the to Pammuwala learned Reference Court in LAC No.276/1996, titled as Badhawa learned Reference Court in LAC No.276/1996, titled as learned Reference Court in LAC No.276/1996, titled as Badhawa Ram and ors. Vs. State of Haryana and anr Ram and ors. Vs. learned State of Haryana and anr., the learned per acre Reference Court assessed the market value @ Rs.26,600/- per acre Reference Court assessed the market value Reference Court assessed the market value for the acquired land forming part of Village Thaska, relating to the for the acquired land forming part of Village Thaska, relating to the for the acquired land forming part of Village Thaska, relating to the for the acquired land forming part of Village Thaska, relating to the same acquisition proceedings. Taking into account the purpose of same acquisition proceedings. Taking into account the purpose of same acquisition proceedings. Taking into account the purpose of same acquisition proceedings. Taking into account the purpose of which is for laying down link road, it can be discerned that acquisition which is for laying down link road, it can be discerned that which is for laying down link road, it can be discerned that acquisition the revenue estates of all the three villages, namely, Thaska, the revenue estates of all the three villages, namely, Thaska, the revenue estates of all the three villages, namely, Thaska, the revenue estates of all the three villages, namely, Thaska, Mehmoodpur and Pammuwala are abutting and adjoining to each Mehmoodpur and Pammuwala are abutting and adjoining to each Mehmoodpur and Pammuwala are abutting and adjoining to each Mehmoodpur and Pammuwala are abutting and adjoining to each Liak . The said fact has been verified by the deposition of RW2-Liak . The said fact has been verified by the other. The said fact has been verified by the SANJAY GUPTA 2025.12.12 19:38 I attest to the accuracy and integrity of this document RFA-2680 2680-1998 (O&M) [4 4] Ram that that Villages Thaska and Pammuwala are located on the same Villages Thaska and Pammuwala are located on the same road. Moreover, t here is no evidence available on record to show that Moreover, there is no evidence available on record to show that here is no evidence available on record to show that there there there there is any difference of nature of is any difference of nature of is any difference of nature of is any difference of nature of land belonging land belonging land belonging land belonging to to to to the the the the no illegality can be aforementioned three revenue estates and thus, no illegality can be aforementioned three revenue estates aforementioned three revenue estates found with the judicial discretion exercised by the learned Reference found with the judicial discretion exercised by the learned Reference found with the judicial discretion exercised by the learned Reference found with the judicial discretion exercised by the learned Reference Court having assessed the market value for the acquisition of land Court having assessed the market value for the acquisition of land Court having assessed the market value for the acquisition of land Court having assessed the market value for the acquisition of land forming part of revenue estate of Village Pammuwala @ Rs.26,600/- forming part of revenue estate of Village Pammuwala @ Rs.26,600/ forming part of revenue estate of Village Pammuwala @ Rs.26,600/ forming part of revenue estate of Village Pammuwala @ Rs.26,600/ ith respect to per acre while relying upon the determination made with respect to per acre while relying upon the determination made w per acre while relying upon the determination made w the revenue estate of Village Thaska. acquired land pertaining to the revenue estate of Village Thaska. acquired 10. Furthermore, n in n the given the given the given facts and circumstances facts and circumstances facts and circumstances wherein RW2-Laik Ram, who had sold his land wherein RW2 vide sale instance who had sold his land vide sale instance isition of dated 12.02.1987 (Ex.R1) deposed that at the time of acquisition of dated 12.02.1987 (Ex.R1) deposed that at the time of acqu dated 12.02.1987 (Ex.R1) deposed that at the time of acqu land, the price/ value of land was around Rs.50,000/- to Rs.60,000/ land, the price/ value of land was around Rs.50,000/ land, the price/ value of land was around Rs.50,000/ to Rs.60,000/- per acre while the base price of per acre 2.1987 was while the base price of Ex.R1 dated 12.02.1987 was cannot be treated to be a bonafide sale Rs.10,000/- per acre, thus cannot be treated to be a bonafide sale cannot be treated to be a bonafide sale Rs.10,000/ transaction for the purpose of placing reliance u transaction pon the same for for the purpose of placing reliance upon the same for quired land in the case in determining the market value of the acquired land in the case in determining the market value of the ac determining the market value of the ac hand. Hence , contention of the State with respect to placing reliance Hence, contention of the State with respect to placing reliance , contention of the State with respect to placing reliance on Ex.R1 is meritless. on Ex.R1 is meritless. 11. Accordingly, the present appeal being devoid of merit is Accordingly, the present appeal being devoid of merit Accordingly, the present appeal being devoid of merit hereby dismissed thereby upholding the award passed by the learned hereby dismissed thereby upholding the award passed by the learned hereby dismissed thereby upholding the award passed by the learned hereby dismissed thereby upholding the award passed by the learned Reference Court. Reference Court. 12. 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 SANJAY GUPTA 2025.12.12 19:38 I attest to the accuracy and integrity of this document RFA-2680 2680-1998 (O&M) [5 5] disposed of disposed of 2025 08.12.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No SANJAY GUPTA 2025.12.12 19:38 I attest to the accuracy and integrity of this document