(O&M) RFA No. Harjeet Singh t Singh …… v. Versus State of Haryana and another State of Haryana and ..…
Case Details
RFA-2639 2639-1999 (O&M) & 2 others [ [1] cases) 114 (3 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: Date of Decision:18.11.2025 RFA No. 2639 of 1999 (O&M) RFA No. Harjeet Singh t Singh …….Appellants Versus Versus State of Haryana and another State of Haryana and ..….Respondents JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: Present:
Legal Reasoning
Ashok Verma, Advocate Mr.Ashok Verma, Advocate Mr. J.S. Thind, Advocate and Mr. J.S. Thind, Advocate and Mr. Divanshu Bansal, Advocate Mr. Divanshu Bansal, Advocate for the landowners. Abhinash Jain, DAG, Haryana. MrAbhinash Jain, DAG, Haryana. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) Regular First This common decision deals with 03 Regular First This common decision deals with Appeals, the details of which are provided in the footnote of this Appeals, the details of which are provided in the footnote of this Appeals, the details of which are provided in the footnote of this Appeals, the details of which are provided in the footnote of this judgment. All these appeals stem from a common acquisition/award judgment. All these appeals stem from a common acquisition/award judgment. All these appeals stem from a common acquisition/award judgment. All these appeals stem from a common acquisition/award involving similar facts and legal questions. For brevity, facts are taken involving similar facts and legal questions. For brevity, facts are taken involving similar facts and legal questions. For brevity, facts are taken involving similar facts and legal questions. For brevity, facts are taken from RFA No. RFA No. 2639 of 1999. 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 Award dated 05.05.1999 passed by the Court of learned the Award dated 05.05.1999 passed by the Court of learned Award dated 05.05.1999 passed by the Court of learned Award dated 05.05.1999 passed by the Court of learned Reference Court. Additional District Judge, Sirsa-cum-Reference Court. Additional District Judge, Sirsa 3. In the present case, 1.22 acres of land situated in the In the present case, 1.22 acres of land situated in the In the present case, 1.22 acres of land situated in the hamshabad Patti, Hadbast No.82, Tehsil revenue estate of Village Shamshabad Patti, Hadbast No.82, Tehsil hamshabad Patti, Hadbast No.82, Tehsil revenue estate of Village S SANJAY GUPTA 2025.11.27 14:19 I attest to the accuracy and integrity of this document RFA-2639 2639-1999 (O&M) & 2 others [ [2] and District Sirsa was acquired vide notifications dated 01.10.1992 and District Sirsa was acquired vide notifications dated 01.10.1992 and District Sirsa was acquired vide notifications dated 01.10.1992 and District Sirsa was acquired vide notifications dated 01.10.1992 and 05.05.1993 issued under Sections 4 and 6 of the Land and 05.05.1993 issued under Sections 4 and 6 of the Land and 05.05.1993 issued under Sections 4 and 6 of the Land and 05.05.1993 issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public Acquisition Act, 1894, for short ‘the Act’ respectively, for public Acquisition Act, 1894, for short ‘the Act’ respectively, for public Acquisition Act, 1894, for short ‘the Act’ respectively, for public development and utilization of land for purpose, namely, for the development and utilization of land for development and utilization of land for purpose, namely, The Land Acquisition Collector (for short ‘the LAC’) Mandi Township. The Land Acquisition Collector (for short ‘the LAC’) The Land Acquisition Collector (for short ‘the LAC’) Mandi Township. assessed the market value of the vide award dated 03.05.1995, assessed the market value of the assessed the market value of the vide award dated acquired land @ Rs.3,00,000/- per acquired land @ per acre along with Rs.2000/- for existing tubewell along with other statutory existing tubewell al statutory benefits. 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, vide which came to be disposed of by the learned Reference Court vide which came to be disposed of by the learned Reference Court which came to be disposed of by the learned Reference Court ining the market value of the acquired award dated 05.05.1999 determining the market value of the acquired ining the market value of the acquired award dated 05.05.199 land @ Rs.130/- per sq. yards along with 30% solatium, land @ Rs. besides all along with 30% solatium, besides all other statutory benefits under the Act. other statutory benefits under the Act. other statutory benefits under the Act. 5. the Award passed by the learned Still aggrieved of the Award passed by the learned 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 appellants / landowners. of appellants / landowners. 6. Impugning the aforementioned award, learned counsel for Impugning the aforementioned award, learned counsel for Impugning the aforementioned award, learned counsel for the appellant(s) submits that the learned Reference Court went wrong the appellant(s) submits that the learned Reference Court went wron the appellant(s) submits that the learned Reference Court went wron the appellant(s) submits that the learned Reference Court went wron while ignoring the sale deed Ex.P1 dated 30.06.1992 vide which 7 while ignoring the sale deed Ex.P1 dated 30.06.1992 vide which 7 while ignoring the sale deed Ex.P1 dated 30.06.1992 vide which 7 while ignoring the sale deed Ex.P1 dated 30.06.1992 vide which 7 marlas of land comprised in Khasra No. 37/26 was sold for a sum of marlas of land comprised in Khasra No. 37/26 was sold for a sum of marlas of land comprised in Khasra No. 37/26 was sold for a sum of marlas of land comprised in Khasra No. 37/26 was sold for a sum of Rs.50,000/- and the base value per acre was Rs.11,42,057 Rs.50,000/ (Rs.236 per value per acre was Rs.11,42,057/-(Rs.236 per e it was established sq. yards). He also points out that from the evidence it was established sq. yards). He also points out that from the evidenc sq. yards). He also points out that from the evidenc part of the acquired land and thus that the sale deed Ex.P1 also formed part of the acquired land and thus part of the acquired land and thus that the sale deed Ex.P1 SANJAY GUPTA 2025.11.27 14:19 I attest to the accuracy and integrity of this document RFA-2639 2639-1999 (O&M) & 2 others [ [3] the same was required to be relied upon for the purpose of the same was required to be relied upon for the purpose of the same was required to be relied upon for the purpose of the same was required to be relied upon for the purpose of determination of market value. determination of market value. 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 ents submits that the award passed by the learned the respondents submits that the award passed by the learned ents submits that the award passed by the learned the respond ourt was based on proper appreciation of pleadings and the ourt was based on proper appreciation of pleadings and Reference Court was based on proper appreciation of pleadings and Reference evidence available on record and thus calls for no interference. He also evidence available on record and thus calls for no interference. He also evidence available on record and thus calls for no interference. He also evidence available on record and thus calls for no interference. He also fficient points out that appellants/ landowners were already granted sufficient points out that appellants/ landowners were already granted su points out that appellants/ landowners were already granted su market value while taking into account the sale deeds Ex.R1 to Ex.R16 market value while taking into account the sale deeds Ex.R1 to Ex.R16 market value while taking into account the sale deeds Ex.R1 to Ex.R16 market value while taking into account the sale deeds Ex.R1 to Ex.R16 which were produced on record whereby which were produced on record the average market price was whereby the average market price was approximately Rs.20 per sq. yard. approximately Rs.20 per sq. yard. 8. I have head learned counsel for the parties and gone I have head learned counsel for the parties and gone I have head learned counsel for the parties and gone ook as well as records of the case. through the paper-book as well as records of the case. through the paper 9. A perusal of the record shows that the sale instance Ex.P1 A perusal of the record shows that the sale instance Ex.P1 A perusal of the record shows that the sale instance Ex.P1 part of dated 30.06.1992 forms part of Khasra No. 37/26 which was also part of dated 30.06.1992 forms part of Khasra No. 37/26 dated 30.06.1992 forms part of Khasra No. 37/26 recorded the acquired land and a positive finding to this effect has been recorded the acquired land and a positive finding to this effect the acquired land and a positive finding to this effect ed Reference Court in paragraph 19 of the impugned award by the learned Reference Court in paragraph 19 of the impugned award ed Reference Court in paragraph 19 of the impugned award by the learn and the same being relevant, is reproduced hereunder: and the same is reproduced hereunder:- PW1 Vijay Kumar has asserted on oath “19. PW1 Vijay Kumar has asserted on oath PW1 Vijay Kumar has asserted on oath that he sold the land comprised in Khasra No. that he sold the land comprised in Khasra No. that he sold the land comprised in Khasra No. 26 measuring 0 Kanal 7 Marla for a total sale 37/26 measuring 0 Kanal 7 Marla for a total sale 26 measuring 0 Kanal 7 Marla for a total sale vide sale deed consideration of Rs.50000/- vide sale deed consideration of Ex.P1 dated 30.6.1992 prior to the notification. Ex.P1 dated 30.6.1992 prior to the notification. Ex.P1 dated 30.6.1992 prior to the notification. plot is situated on He has further stated that the plot is situated on He has further stated that the road which leads from Dabwali Road to Civil the road which leads from Dabwali Road to Civil road which leads from Dabwali Road to Civil is just at a distance of 100 Hosp ital, Sirsa and is just at a distance of 100 Hosp ital, Sirsa an feet from National Highway No.10. This plot falls feet from National Highway No.10. This plot falls feet from National Highway No.10. This plot falls Block, Anaj Mandit and is near to adjacent to C-Block, Anaj Mandit and is near to Block, Anaj Mandit and is near to SANJAY GUPTA 2025.11.27 14:19 I attest to the accuracy and integrity of this document RFA-2639 2639-1999 (O&M) & 2 others [ [4] Sushil the commercial premises. Petitioner Sushil the commercial premises. Kumar has purchased the land acquired vide Kumar has purchased the land acquired vide Kumar has purchased the land acquired vide deration sale deed dated 30.6.92 for a total consideration sale deed dated 30.6.92 for a total consi but of Rs. 50,000/- but of Rs. 50,000/ the Land Acquisition the Land Acquisition Collector has not considered this aspect. The Collector has not considered this aspect. The Collector has not considered this aspect. The counsel for the claimants has referred learned counsel for the claimants has referred counsel for the claimants has referred AIR 1997 S.C. 2625 Special Collector & others AIR 1997 S.C. 2625 Special Collector & others AIR 1997 S.C. 2625 Special Collector & others Vs. Srivaswa Roy & others wherein it has been Vs. Srivaswa Roy & others wherein it has been Vs. Srivaswa Roy & others wherein it has been ansactions in respect of the held that the sale transactions in respect of the held that the sale tr acquired land to which the claimant himself is a acquired land to which the claimant himself is a acquired land to which the claimant himself is a party party party is is is the best evidence and the best evidence and the best evidence and the sale the sale the sale transactions of the negihbouring land are also transactions of the negihbouring land are also transactions of the negihbouring land are also relevant. The learned counsel for the claimants relevant. The learned counsel for the claimants relevant. The learned counsel for the claimants &H) has further relied upon 1994 (2) RCR 497 (P&H) has further relied upon Sudhir Kumar Vs. State of Punjab.” Sudhir Kumar Vs. State of Punjab 10. In view of the above, the learned Reference Court was the learned Reference Court was required to rely upon the sale deed Ex.P1 required a perusal of the sale deed Ex.P1. Moreover, a perusal of the site plan attached along with the record also shows that the acquired site plan attached along with the record also shows that the acquired site plan attached along with the record also shows that the acquired site plan attached along with the record also shows that the acquired land is abutting Sirsa-Dabwali Road (Highway) land is abutti and thus has potential Dabwali Road (Highway) and thus has potential n the given facts, a and locational advantage attached to it, as such in the given facts, a and locational advantage attached to it, as such and locational advantage attached to it, as such towards lesser cut of 25% is being applied over the sale price of Ex.P1, towards lesser cut of 25% is being applied over the sale price of Ex.P1, lesser cut of 25% is being applied over the sale price of Ex.P1, ed land smallness of area involved therein as compared to the acquired land smallness of area involved therein as compared to the acquir smallness of area involved therein as compared to the acquir ich measures 1.22 acres. Furthermore, it may be noticed that from which measures 1.22 acres. Furthermore, it may be noticed that from ich measures 1.22 acres. Furthermore, it may be noticed that from ich measures 1.22 acres. Furthermore, it may be noticed that from the records it is established that the acquired area has got potential for the records it is established that the acquired area has got potential for the records it is established that the acquired area has got potential for the records it is established that the acquired area has got potential for being used as residential and commercial as depicted from the facts being used as residential and commercial as depicted from the facts being used as residential and commercial as depicted from the facts being used as residential and commercial as depicted from the facts f appeals own small plots measuring that all the appellants in this set of appeals own small plots measuring f appeals own small plots measuring that all the appellants in this set o 1 marla in their respective names as 19 marlas, 7 marlas and 1 kanal-1 marla in their respective names as 1 marla in their respective names as 19 marlas, 7 marlas and 1 kanal Harjit Singh, Sushil and Vijay Kumar. Harjit Singh, Sushil and Vijay Kumar. SANJAY GUPTA 2025.11.27 14:19 I attest to the accuracy and integrity of this document RFA-2639 2639-1999 (O&M) & 2 others [ [5] 11.
Decision
and In view of the above, the market value of the acquired and In view of the above, the market value of the forming part of the revenue estate of Village forming part of Shamshadbad Patti, revenue estate of Village Shamshadbad Patti, District Sirsa comes to Rs.236/- per sq. yards District Sirsa 25% deduction i.e. per sq. yards -25% deduction i.e. Rs.177/- per sq. yards (Rs.8,56,680/ The appellants/ per sq. yards (Rs.8,56,680/- per acre). The appellants/ landowners shall also be entitled for all other statutory benefits and landowners shall also be entitled for all other statutory benefits and landowners shall also be entitled for all other statutory benefits and landowners shall also be entitled for all other statutory benefits and interest provided under the provisions of 1894 Act (as amended upto interest provided under the provisions of 1894 Act (as amended upto interest provided under the provisions of 1894 Act (as amended upto interest provided under the provisions of 1894 Act (as amended upto date). 12. Consequently, Consequently, the appeals the appeal filed by filed by the appellants/ the appellants/ landowners are allowed in the aforesaid terms landowners are said terms. 13. 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 thereof and the legal heirs have not been impleaded, they shall be at thereof and the legal heirs have not been impleaded, they shall be at thereof and the legal heirs have not been impleaded, they shall be at thereof and the legal heirs have not been impleaded, they shall be at moving liberty to seek execution of the present decision by moving liberty to seek execution of the present decision by liberty to seek execution of the present decision by appropriate application(s) before the learned Executing Court. appropriate application(s) before the learned Executing Court. appropriate application(s) before the learned Executing Court. 14. any, shall Pending any miscellaneous application(s), if any, shall Pending any miscellaneous application(s), if also be disposed of. also be disposed of .2025 18.11.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Whether speaking/reasoned? Yes/No Whether Reportable? Sr. No. Sr. No. 1. 2. Case No. RFA-2640-1999 (O&M) 1999 (O&M) 1999 (O&M) RFA-2649-1999 (O&M) 18.11.2025 .2025 sanjay SANJAY GUPTA 2025.11.27 14:19 I attest to the accuracy and integrity of this document (HARKESH MANUJA) (HARKESH MANUJA) JUDGE