11.11.2025 Jagmal Singh and others Jagmal Singh and others …… v. Versus State of Haryana and ors. State of Haryana and ors. .…
Case Details
RFA-2707 2707-1999 (O&M) [1] 114 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-2707-1999 (O&M) RFA Date of Decision: 11.11.2025 Date of Decision: 11.11.2025 Jagmal Singh and others Jagmal Singh and others …….Appellants Versus Versus State of Haryana and ors. State of Haryana and ors. .….Respondents HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM:
Legal Reasoning
Present: Mr.R.S. Mamli, Advocate Present: for the appellants. Mr. Abhinash Jain, DAG, Haryana. Mr. Abhinash Jain, DAG, Haryana. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) 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 14.10.1998 passed by the Court of Additional passed by the Court of Additional Reference Court. District Judge, Yamuna Nagar at Jagadhari-cum-Reference Court. District Judge, Yamuna Nagar at Jagadhari District Judge, Yamuna Nagar at Jagadhari 2. Briefly stating, 67.137 acres , situated within the acres of land, situated within the revenue estate of Village Kalesar, revenue estate of Village District Yamuna Nagar, was Kalesar, District Yamuna Nagar, was dated acquired by the Government of Haryana vide notifications dated acquired by the Government of Haryana vide notification acquired by the Government of Haryana vide notification issued under Sections 4 and 6 of the 23.12.1994 and 07.04.1995 issued under Sections 4 and 6 of the issued under Sections 4 and 6 of the 23.12.1994 and 07.04.1995 respectively, for Land Acquisition Act, 1894, for short ‘the Act’ respectively, for Land Acquisition Act, 1894, for short ‘the Act’ Land Acquisition Act, 1894, for short ‘the Act’ construction of ‘Hathni Kund Barage construction The Land ge’ on Yamuna River. The Land SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document RFA-2707 2707-1999 (O&M) [2] 18.09.1995 Acquisition Collector (for short ‘the LAC’) vide award 18.09.1995 Acquisition Collector (for short ‘the LAC’) vide award Acquisition Collector (for short ‘the LAC’) vide award per acre assessed market value of the acquired land @ Rs.12,000/- per acre assessed market value of the acquired land assessed market value of the acquired land per acre for Gair Mumkin for Gair Mumkin Jungle and Rs.6000/- per acre for Gair Mumkin for Gair Mumkin Jungle and Rs.6000/ for Gair Mumkin Jungle and Rs.6000/ Jamna Land, besides granting all other statutory benefits und Jamna Land, er the besides granting all other statutory benefits under the Act. 3. 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, by the learned Reference Court while which came to be dismissed by the learned Reference Court while by the learned Reference Court while which came to be upholding the award passed by the Land Acquisition upholding the award passed by Land Acquisition Collector. 4. the Award passed by the learned Reference Aggrieved of the Award passed by the learned Reference the Award passed by the learned Reference preferred at the instance of appellants/ Court, the present appeal was preferred at the instance of appellants/ preferred at the instance of appellants/ Court, the present appeal landowners. landowners 5. ward, learned counsel for Impugning the aforementioned Award, learned counsel for Impugning the aforementioned s that the Reference Court went the appellants/ landowners submits that the Reference Court went s that the Reference Court went the appellants/ landowners submit 2 dated 09.02.1994, wrong having discarded the sale instance Ex.P-2 dated 09.02.1994, wrong having discarded the sale instance Ex.P wrong having discarded the sale instance Ex.P which pertain pertained to the same revenue state of Village Kalesar, vide revenue estate of Village Kalesar, vide which 12K-4M of land was sold for Rs.2,66,000/ which 12K per M of land was sold for Rs.2,66,000/- (i.e. Rs.1,74,462/- per acre). He thus submits that since the sale instance Ex.P2 pertain acre). He thus su the sale instance Ex.P2 pertained ed to the same revenue estate and was close in terms of time period of the same revenue estate and was close in terms of time period of the same revenue estate and was close in terms of time period of the same revenue estate and was close in terms of time period of acquisition in the present case, the same was acquisition in required to be relied , the same was thus required to be relied upon for the purpose of determination of upon for the purpose of of the determination of market value in favour of the appellants/ landowners and accordingly appellants/ landowners and that the award passed by accordingly prays that the award passed by the learned Reference Court was liable to be set aside. the learned Reference Court was liable to be set aside. the learned Reference Court was liable to be set aside. 6. 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 SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document RFA-2707 2707-1999 (O&M) [3] Gair landowners were awarded market value @ Rs.12000/- per acre for Gair landowners were awarded market value @ Rs.12000/ landowners were awarded market value @ Rs.12000/ per acre for Gair Mumkin Jamna Mumkin Jungle and Rs.6000/- per acre for Gair Mumkin Jamna per acre for Gair Mumkin Jamna Mumkin Jungle and Rs.6000/ and besides granting all other statutory benefits under the Act and besides granting all other statutory benefits under the Act Land, besides granting all other statutory benefits under the Act done by the LAC was even supported by the the said valuation done by the LAC was even supported by the done by the LAC was even supported by the the said valuation the form evidence brought on record from the said of respondents in the form evidence brought on record from the said of respondents in evidence brought on record from the said of respondents in of sale instances Exs.R1 to R3, under which alienations of sale instances Exs.R1 to R of similar , under which alienations of similar nature of land were made @ around Rs.10000/ nature of land per acre. Learned were made @ around Rs.10000/- per acre. Learned State counsel thus submits that the impugned award passed by the State counsel thus submits that the impugned award passed by the State counsel thus submits that the impugned award passed by the State counsel thus submits that the impugned award passed by the learned Reference Court calls for no interference and the appeal learned Reference Court calls for no interference and the appeal learned Reference Court calls for no interference and the appeal learned Reference Court calls for no interference and the appeal liable to be preferred at the instance of appellants/ landowners was liable to be preferred at the instance of appellants/ landowners preferred at the instance of appellants/ landowners dismissed. dismisse 7. I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone as records of the case. through the paper-book as well as records of the case. through the paper 8. In the present case, the acquisition pertains to the revenue In the present case, the acquisition pertains to the revenue In the present case, the acquisition pertains to the revenue been carried out for public purpose, namely, estate of Village Kalesar; been carried out for public purpose, namely, been carried out for public purpose, namely, estate of Village Kalesar for construction of Hathni Kund r construction of Hathni Kund Barage perusal of Barage on Yamuna River. A perusal of the notification dated 07.04.1995 issued under Section 6 of the Act the notification dated 07.04.1995 issued under Section 6 of the Act the notification dated 07.04.1995 issued under Section 6 of the Act the notification dated 07.04.1995 issued under Section 6 of the Act 210, 211, shows that the land under acquisition forms part of rect. Nos. 210, 211, shows that the land under acquisition forms part of rect. Nos. shows that the land under acquisition forms part of rect. Nos. 128 and 129 of the revenue estate of Village Kalesar. The land formin 128 and 129 of the revenue estate of Village 128 and 129 of the revenue estate of Village forming M of part of the sale instance Ex.P2 dated 09.02.1994 vide which 12K-4M of part of the sale instance Ex.P2 dated 09.02.1994 vide which 12K part of the sale instance Ex.P2 dated 09.02.1994 vide which 12K land situated within the revenue estate of Village Kalesar was sold for land situated within the revenue estate of Village Kalesar was sold for land situated within the revenue estate of Village Kalesar was sold for land situated within the revenue estate of Village Kalesar was sold for per acre), pertains to Khewat No.127 Rs.2,66,000/- (i.e. Rs.1,74,462/- per acre), pertains to Khewat No.127 per acre), pertains to Khewat No.127 Rs.2,66,000/ just abutting the land under acquisition and thus the same is apparently just abutting the land under acquisition just abutting the land under acquisition and thus the same consisting of Khewat Nos. 128 and 129, besides consisting . In of Khewat Nos. 128 and 129, besides two other khewats. In SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document RFA-2707 2707-1999 (O&M) [4] such circumstances, the sale instance Ex.P2 dated 09.02.1994 which such circumstances, the sale instance Ex.P2 dated 09.02.1994 which such circumstances, the sale instance Ex.P2 dated 09.02.1994 which such circumstances, the sale instance Ex.P2 dated 09.02.1994 which was thus evidently pertained to the land of similar nature and location, was thus evidently pertained to the land of similar nature and location, evidently pertained to the land of similar nature and location, required to be taken into consideration for the purpose of determination required to be taken into consideration for the purpose of determination required to be taken into consideration for the purpose of determination required to be taken into consideration for the purpose of determination of market value in the case in hand. of market value in the case in hand. 9. he learned Reference Court went wrong Consequently, the learned Reference Court went wrong he learned Reference Court went wrong while discarding the sale instance Ex.P2 dated 09.02.1994 on the while discarding the sale instance Ex.P2 dated 09.02.1994 on the while discarding the sale instance Ex.P2 dated 09.02.1994 on the while discarding the sale instance Ex.P2 dated 09.02.1994 on the vendors or vendees thereof were not examined to prove ground that the vendors or vendees thereof were not examined to prove vendors or vendees thereof were not examined to prove ground that the the said document. In this regard, reliance can be placed upon Section the said document. In this regard, reliance can be placed upon Section the said document. In this regard, reliance can be placed upon Section the said document. In this regard, reliance can be placed upon Section 51 A of the Act, as per which the certified copy of the registered sale 51 A of the Act, as per which the certified copy of the registered sale 51 A of the Act, as per which the certified copy of the registered sale 51 A of the Act, as per which the certified copy of the registered sale ece of deed dated 09.02.1994 was required to be accepted as a piece of deed dated 09.02.1994 was required to be accepted as a pi deed dated 09.02.1994 was required to be accepted as a pi in the said document, especially when evidence of transaction recorded in the said document, especially when in the said document, especially when evidence of transaction recorded there was no evidence led from the side of respondents to raise any there was no evidence led from the side of respondents to raise any there was no evidence led from the side of respondents to raise any there was no evidence led from the side of respondents to raise any doubt about the genuineness or bona fide doubt about the genuineness or of the said transaction. bona fide of the said transaction. Furthermore, as per the records, the sale instances Exs.R1 to R3 form Furthermore, as per the records, the sale instances Exs.R1 to R3 form Furthermore, as per the records, the sale instances Exs.R1 to R3 form Furthermore, as per the records, the sale instances Exs.R1 to R3 form . Further, part of land comprised in Rect. Nos. 53, 52 and 63 respectively. Further, part of land comprised in Rect. Nos. 53, 52 and 63 respectively part of land comprised in Rect. Nos. 53, 52 and 63 respectively as per aks shajra aks shajra (Ex.P1), the sale instances, being ), the sale instances, Exs.R1 to R3 being cational and geographical difference in comparison apparently having locational and geographical difference in comparison cational and geographical difference in comparison apparently having lo to the acquired land, cannot be relied upon for determination of market to the acquired land, cannot be relied upon for determination of market to the acquired land, cannot be relied upon for determination of market to the acquired land, cannot be relied upon for determination of market value of the acquired land. value of the acquired land. 10. In view of the aforesaid discussion, the learned Reference In view of the aforesaid discussion, the learned Reference In view of the aforesaid discussion, the learned Reference instance Ex.P2 for the purpose Court was required to rely upon the sale instance Ex.P2 for the purpose Court was required to rely upon the sale Court was required to rely upon the sale of assessment of market value of the land under acquisition as both the of assessment of market value of the land under acquisition as both the of assessment of market value of the land under acquisition as both the of assessment of market value of the land under acquisition as both the parcels of land form part of the same revenue estate of Village Kalesar of land form part of the same revenue estate of Village Kalesar form part of the same revenue estate of Village Kalesar M of and in terms of the sale instance Ex.P2 dated 09.02.1994, 12K-4M of and in terms of the sale instance Ex.P2 dated 09.02.1994, 12K and in terms of the sale instance Ex.P2 dated 09.02.1994, 12K the land was sold at the rate of Rs.2,66,000/ the land was per sold at the rate of Rs.2,66,000/- (i.e. Rs.1,74,462/- per SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document RFA-2707 2707-1999 (O&M) [5] acre). In such circumstances, the market value of the land under acre). In such circumstances, the market value of the land under acre). In such circumstances, the market value of the land under acre). In such circumstances, the market value of the land under per acre as acquisition in the case in hand is assessed @ Rs.1,75,000/- per acre as acquisition in the case in hand is assessed @ Rs.1,75,000/ acquisition in the case in hand is assessed @ Rs.1,75,000/ ides all other on the date of notification under Section 4 of the Act, besides all other on the date of notification under Section 4 of the Act, bes on the date of notification under Section 4 of the Act, bes Moreover, no cut is statutory benefits as provided under the Act. Moreover, no cut is statutory benefits as provided under the Act. statutory benefits as provided under the Act. required to be applied towards smallness of land forming part of the sale required to be applied towards smallness of land forming part of the sa required to be applied towards smallness of land forming part of the sa required to be applied towards smallness of land forming part of the sa 4M of land. Besides it, even instance Ex.P2 as the same relates to 12K-4M of land. Besides it, even instance Ex.P2 as the same relates to 12K instance Ex.P2 as the same relates to 12K needs to be applied as the purpose of no cut towards development cost needs to be applied as the purpose of needs to be applied as the purpose of no cut towards development cost acquisition is for construction of “Hathn acquisition is for construction of “ ” on Yamuna river Hathni Kund Barage” on Yamuna river State has neither suffered any loss towards and the respondent-State has neither suffered any loss towards State has neither suffered any loss towards and the respondent ptimum utilization of land; nor any cost towards providing of additional optimum utilization of land; nor any cost towards providing of additional ptimum utilization of land; nor any cost towards providing of additional ptimum utilization of land; nor any cost towards providing of additional infrastructural amenities like roads, parks, green belts or community infrastructural amenities like roads, parks, green belts or community infrastructural amenities like roads, parks, green belts or community infrastructural amenities like roads, parks, green belts or community buildings etc. buildings etc. 11. Furthermore, considering the fact that major portion of the Furthermore, considering the fact that major portion of the Furthermore, considering the fact that major portion of the land abuts and adjoins the State Highway leading from Jagadhri to land abuts and adjoins the State Highway leading from Jagadhri to land abuts and adjoins the State Highway leading from Jagadhri to land abuts and adjoins the State Highway leading from Jagadhri to one Ponta Sahib and the entire land is a compact block acquired for one Ponta Sahib and the entire land is a com Ponta Sahib and the entire land is a com common as such the market value is fixed at a uniform rate of purpose, as such the market value is fixed at a uniform rate of as such the market value is fixed at a uniform rate of per acre besides all other statutory benefits under the Act. Rs.1,75,000/- per acre besides all other statutory benefits under the Act. per acre besides all other statutory benefits under the Act. Rs.1,75,000/ 12. In the wake of discussion made hereinabove, the appeal In the wake of discussion made hereinabove, the appeal In the wake of discussion made hereinabove, the appeal filed at the instance of appellants/landowners filed at the instance of appellants/landowners is allowed. 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 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 f the present decision by moving at liberty to seek execution of the present decision by moving f the present decision by moving at liberty to seek execution o appropriate application(s) before the learned Executing Court. appropriate application(s) before the learned Executing Court. appropriate application(s) before the learned Executing Court. SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document RFA-2707 2707-1999 (O&M) [6] 14. 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
Decision
disposed of. disposed of. 11.11.2025 2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document