(O&M) v. STATE OF HARYANA & Ors.

JUSTICE HARKESH MANUJAAAA HON'BLE MR. JUSTICE HARKESH MANUJ JUSTICE HARKESH MANUJ JUSTICE HARKESH MANUJ CORAM: HON'BLE MR. HON'BLE MR. HON'BLE MR. CORAM: JUSTICE HARKESH MANUJ JUSTICE HARKESH MANUJ JUSTICE HARKESH MANUJ JUSTICE HARKESH MANUJ HON'BLE MR. HON'BLE MR. HON'BLE MR. HON'BLE MR. CORAM: CORAM: Mr. G.C. Shahpuri, Advocate with Present: Mr. G.C. Shahpuri, Advocate with Mr. Lokesh Shivansh, Advocate Mr. Lokesh Shivansh, Advocate for the petitioner(s). for the petitioner Mr. Abhinav Kalia, D.A.G., Haryana. Mr. Abhinav Kalia, D.A.G., Haryana. Mr. Abhinav Kalia, D.A.G., Haryana. , Advocate for Mr. Parminder Sandhu, Advocate for Mr. Parminder Mr. Mr. H.S. Gill, Advocate for respondent No.3. for respondent No.3. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) **** [1]. By way of present revision petition, challenge has been laid to an By way of present revision petition, challenge has been laid to an By way of present revision petition, challenge has been laid to an By way of present revision petition, challenge has been laid to an order dated 03.07.2023 passed by the Court of learned Additional District Judge, 03.07.2023 passed by the Court of learned Additional District Judge, passed by the Court of learned Additional District Judge, Gurugram-cum- at the Executing Court, whereby the execution petition preferred at the -Executing Court, whereby the execution petition preferre instance of the petitioner , seeking directions to the respondents for making the petitioner(s), seeking directions to the respondents for making the , seeking directions to the respondents for making the payment of compensation for the acquired land in the same terms payment of compensation as the the acquired land in the same terms as the award/judgment rendered in the matter of other co award/judgment in the matter of other co-sharers, was dismissed. [[[[2222]]]] learned counsel for the parties and gone through the I have heard learned counsel for the parties and gone through the learned counsel for the parties and gone through the I have heard paper-book. [[[[3333]]]] A perusal of the order shows that the execution petition preferred at A perusal of the order shows that the execution petition preferred at A perusal of the order shows that the execution petition preferred at A perusal of the order shows that the execution petition preferred at was dismissed merely on the ground that the instance of petitioner(s)-landowner(s) was dismissed merely on the ground that was dismissed merely on the ground that the instance of petitioner they did not choose to prefer an did not choose to prefer any objection under Section 18 or 28 A of the Land y objection under Section 18 or 28-A of the Land , yet filed an execution application (for short “the Act”), yet filed an execution application , yet filed an execution application Acquisition Act, 1894 (for short “the Act”) Acquisition Act, 1894 (for short “the Act”) (for short “the Act”) 2 CR No.2427 of 2026 (O&M) sharers in the acquired based on an award/determination made in favour of their co-sharers in the acquired based on an award/determination made in favour of their co based on an award/determination made in favour of their co land. [[[[4444]]]] The aforesaid legal issue already stands decided by the Hon’ble Apex The aforesaid legal issue already stands decided by the Hon’ble Apex The aforesaid legal issue already stands decided by the Hon’ble Apex The aforesaid legal issue already stands decided by the Hon’ble Apex

13.01.2026 passed in Court vide decision dated 13.01.2026 Court vide decision dated 13.01.2026 13.01.2026 398 of Civil Appeal No(s).391 ---- 398 of 398 of 398 of passed in Civil Appeal No(s).391 398 of 398 of 398 of 398 of Civil Appeal No(s).391 Civil Appeal No(s).391 . Versus “Ramphal & Ors. Versus . Versus . Versus 4539 of 2023), titled “Ramphal & Ors 2026 (@SLP (C) No(S).4532----4539 of 2023) 4539 of 2023) 4539 of 2023), titled 2026 (@SLP (C) No(S).4532 2026 (@SLP (C) No(S).4532 2026 (@SLP (C) No(S).4532 . Versus . Versus . Versus . Versus “Ramphal & Ors “Ramphal & Ors 4539 of 2023) 4539 of 2023) 4539 of 2023) 4539 of 2023) 2026 (@SLP (C) No(S).4532 2026 (@SLP (C) No(S).4532 2026 (@SLP (C) No(S).4532 2026 (@SLP (C) No(S).4532 ucture Development Corporation Limited & Haryana State Industrial And Infrastructure Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & Haryana State Industrial And Infrastr Haryana State Industrial And Infrastr Haryana State Industrial And Infrastr ucture Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & Haryana State Industrial And Infrastr Haryana State Industrial And Infrastr Haryana State Industrial And Infrastr Haryana State Industrial And Infrastr Ors”Ors”Ors”Ors”, wherein the Hon’ble Apex Court has been pleased to uphold the claims made , wherein the Hon’ble Apex Court has been pleased to uphold the claims made , wherein the Hon’ble Apex Court has been pleased to uphold the claims made , wherein the Hon’ble Apex Court has been pleased to uphold the claims made sharers with regard to entitlement of similar amount of compensation as by the co-sharers with regard to entitlement of similar amount of compensation as sharers with regard to entitlement of similar amount of compensation as sharers with regard to entitlement of similar amount of compensation as granted in favour of their co-owners in the acquired granted in favour of their co land, however, restricted the owners in the acquired land, however, restricted the award of interest. Relevant paras 11 to 14 from the aforesaid decision dated award of interest. Relevant paras 11 to 14 from the aforesaid decision dated award of interest. Relevant paras 11 to 14 from the aforesaid decision dated award of interest. Relevant paras 11 to 14 from the aforesaid decision dated

13.01.2026 are extracted hereunder:- 13.01.2026 are extracted hereunder: In fact, we have been informed at the Bar by the learned counsel “11. In fact, we have been informed at the Bar by the learned counsel In fact, we have been informed at the Bar by the learned counsel “11. t seriously disputed by the appearing for the appellants, which is not seriously disputed by the appearing for the appellants, which is no appearing for the appellants, which is no learned senior counsel appearing for the respondents, the fact that the land learned senior counsel appearing for the respondents, the fact that the land learned senior counsel appearing for the respondents, the fact that the land learned senior counsel appearing for the respondents, the fact that the land which was acquired, has been utilized for the purposes of formation of which was acquired, has been utilized for the purposes of formation of which was acquired, has been utilized for the purposes of formation of which was acquired, has been utilized for the purposes of formation of industrial sites and allotted to the needy persons in accordance with the industrial sites and allotted to the needy persons in accordance with the industrial sites and allotted to the needy persons in accordance with the industrial sites and allotted to the needy persons in accordance with the then prevalent. In other words, the acquiring body is also benefited Rules then prevalent. In other words, the acquiring body is also benefited then prevalent. In other words, the acquiring body is also benefited Rules to certain extent, which is an instrumentality of the State. Thus, the scales to certain extent, which is an instrumentality of the State. Thus, the scales to certain extent, which is an instrumentality of the State. Thus, the scales to certain extent, which is an instrumentality of the State. Thus, the scales have to be balanced in this scenario. have to be balanced in this scenario. We are of the considered view that apart from the compensation, 12. We are of the considered view that apart from the compensation, We are of the considered view that apart from the compensation, 12. he appellants would be entitled to the interest for a period of five years to the appellants would be entitled to the interest for a period of five years to he appellants would be entitled to the interest for a period of five years to he appellants would be entitled to the interest for a period of five years to be reckoned from today backwards and we make it explicitly clear that the be reckoned from today backwards and we make it explicitly clear that the be reckoned from today backwards and we make it explicitly clear that the be reckoned from today backwards and we make it explicitly clear that the appellants are not entitled for any interest for any other period. We would appellants are not entitled for any interest for any other period. We would appellants are not entitled for any interest for any other period. We would appellants are not entitled for any interest for any other period. We would appellants would be entitled to all other also hasten to add that the appellants would be entitled to all other appellants would be entitled to all other also hasten to add that the consequential benefits which flow from award of compensation and the consequential benefits which flow from award of compensation and the consequential benefits which flow from award of compensation and the consequential benefits which flow from award of compensation and the respondent(s) authorities shall compute the compensation as has been respondent(s) authorities shall compute the compensation as has been respondent(s) authorities shall compute the compensation as has been respondent(s) authorities shall compute the compensation as has been determined by the award passed under Section 18 of the Act and/or determined by the award passed under Section 18 of the Act and/or determined by the award passed under Section 18 of the Act and/or determined by the award passed under Section 18 of the Act and/or by the High Court or this Court in exercise of appellate modified by the High Court or this Court in exercise of appellate by the High Court or this Court in exercise of appellate modified jurisdiction. jurisdiction. The said determination shall be made by the authorities 13. The said determination shall be made by the authorities The said determination shall be made by the authorities 13. expeditiously and at any rate within an outer limit of three months from expeditiously and at any rate within an outer limit of three months from expeditiously and at any rate within an outer limit of three months from expeditiously and at any rate within an outer limit of three months from 3 CR No.2427 of 2026 (O&M) ed shall be disbursed the date of this order and the amounts so determined shall be disbursed the date of this order and the amounts so determin the date of this order and the amounts so determin within an outer limit of three months for such determination with interest within an outer limit of three months for such determination with interest within an outer limit of three months for such determination with interest within an outer limit of three months for such determination with interest as specified therein. as specified therein. In the event of time line which has been fixed by this Court is not 14. In the event of time line which has been fixed by this Court is not In the event of time line which has been fixed by this Court is not 14. le to pay adhered to by the respondent(s) authorities, they shall be liable to pay adhered to by the respondent(s) authorities, they shall be liab adhered to by the respondent(s) authorities, they shall be liab interest @ nine per cent (9%) on the amounts so determined from the date interest @ nine per cent (9%) on the amounts so determined from the date interest @ nine per cent (9%) on the amounts so determined from the date interest @ nine per cent (9%) on the amounts so determined from the date of such determination.” of such determination.” [[[[5555]]]] In view of the aforesaid decision rendered by the Hon’ble Apex Court, In view of the aforesaid decision rendered by the Hon’ble Apex Court, In view of the aforesaid decision rendered by the Hon’ble Apex Court, In view of the aforesaid decision rendered by the Hon’ble Apex Court, and the impugned order is set aside. The matter is allowed and the impugned order is set aside. The matter is and the impugned order is set aside. The matter is the present petition is allowed the present petition is allowed allowed on and remitted back to the learned Executing Court concerned for fresh adjudication and remitted back to the learned Executing Court concerned for fresh adjudicati remitted back to the learned Executing Court concerned for fresh adjudicati in case the petitioner(s) is/are found to be co-sharer in case the petitioner in the acquired land parcels sharer in the acquired land parcels alongwith those who preferred reference under Section 18 or 28 alongwith those who preferred referenc A of the Act, the e under Section 18 or 28-A of the Act, the necessary amount as determined finally alongwith statutory benefits and interest necessary amount as determined finally alongwith statutory benefits and interest necessary amount as determined finally alongwith statutory benefits and interest necessary amount as determined finally alongwith statutory benefits and interest favour within the time period stipulated in thereupon be released in his/their favour within the time period stipulated in favour within the time period stipulated in thereupon be released in Ramphal’s case (supra). Ramphal’s case (supra) Ramphal’s case (supra) Ramphal’s case (supra) Ramphal’s case (supra) Ramphal’s case (supra) Ramphal’s case (supra) Ramphal’s case (supra) [[[[6666]]]] the determination of compensation and release Needless to say that the determination of compensation and release the determination of compensation and release Needless to say that thereof in favour of the petitioner be made in terms of decision rendered by the eof in favour of the petitioner(s) be made in terms of decision rendered by the be made in terms of decision rendered by the Hon’ble Apex Court in Court in Ramphal’s case (supra) Ramphal’s case (supra). . Ramphal’s case (supra) Ramphal’s case (supra) Pending miscellaneous application(s), if any, shall also stand disposed Pending miscellaneous application(s), if any, shall also stand disposed Pending miscellaneous application(s), if any, shall also stand disposed Pending miscellaneous application(s), if any, shall also stand disposed [[[[7777]]]] off. , 2026666 AprilAprilAprilApril 20202020, 202 , 202 , 202 Atik (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Whether speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable Yes/No Yes/No Yes/No Yes/No