1 State of Punjab State of Punjab …… v. Versus Mangat Ram and ors. Mangat Ram and ors. .…
Case Details
RFA-304 304-1999 (O&M) [1] 122 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-304-1999 (O&M) RFA Date of Decision: 14.11.2025 Date of Decision: 1 State of Punjab State of Punjab …….Appellant Versus Versus Mangat Ram and ors. Mangat Ram and ors. .….Respondents
Legal Reasoning
HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: Gunjan Mehta, Addl.A.G., Punjab Present: Mr. Gunjan Mehta, Addl.A.G., Punjab Present: for the appellant. Mr.Nitish Kaushal, Advocate Nitish Kaushal, Advocate for the respondents/ landowners. for the respondents/ landowners. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) By way of present appeal, challenge has been laid to an By way of present appeal, challenge has been laid to an By way of present appeal, challenge has been laid to an Additional award dated 03.10.1997 passed by the Court of learned Additional award dated 03.10.1997 passed by the Court of award dated 03.10.1997 passed by the Court of District Judge, Rupnagar-cum-reference Court, District Judge, Rupnagar whereby, reference reference Court, whereby, reference landowners seeking petition filed at the instance of appellants-landowners seeking petition filed at the instance of appellants petition filed at the instance of appellants enhancement of compensation was partly allowed. enhancement of compensation was partly allowed. enhancement of compensation was partly allowed. 2. Briefly stating, certain land owned by the landowners, Briefly stating, certain land owned by the landowners, Briefly stating, certain land owned by the landowners, ituated within the revenue estate of Village Mataur, the then Tehsil situated within the revenue estate of Village Mataur, the then Tehsil ituated within the revenue estate of Village Mataur, the then Tehsil ituated within the revenue estate of Village Mataur, the then Tehsil Kharar, District Rupnagar came to be acquired vide notifications Kharar, District Rupnagar came to be acquired vide notifications Kharar, District Rupnagar came to be acquired vide notifications Kharar, District Rupnagar came to be acquired vide notifications dated 09.08.1991 and 28.09.1992 issued under Sections 4 and 6 of dated 09.08.1991 and 28.09.1992 issued under Sections 4 and 6 of dated 09.08.1991 and 28.09.1992 issued under Sections 4 and 6 of dated 09.08.1991 and 28.09.1992 issued under Sections 4 and 6 of s 'the Act') the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') the Land Acquisition Act, 1894 (hereinafter referred to a the Land Acquisition Act, 1894 (hereinafter referred to a state. Award respectively for the purpose of setting up of Urban Estate. Award respectively for the purpose of setting up of respectively for the purpose of setting up of SANJAY GUPTA 2025.11.17 12:56 I attest to the accuracy and integrity of this document RFA-304 304-1999 (O&M) [2] the Land Acquisition No.446 dated 31.08.1994 was passed by the Land Acquisition No.446 dated 31.08.1994 was passed by No.446 dated 31.08.1994 was passed by Collector, for short ‘the LAC’, awarding compensation at Collector, for short ‘the LAC’, uniform awarding compensation at a uniform rate of Rs.1,60,000/- per acre. rate of Rs.1,60,000/ 3. Being dissatisfied, the the landowners respondents/landowners filed filed Reference Petition under Section 18 of Reference Petition under Section 18 of Reference Petition under Section 18 of Reference Petition under Section 18 of the Act, seeking the Act, seeking the Act, seeking the Act, seeking per square yard besides compensation at the rate of Rs. 10,000/- per square yard besides compensation at the rate of Rs. 10,000/ compensation at the rate of Rs. 10,000/ other statutory benefits. The Reference Court vide award dated other statutory benefits. The Reference Court vide award dated other statutory benefits. The Reference Court vide award dated other statutory benefits. The Reference Court vide award dated 03.10.1997 accepted the claim made 03.10.1997 accepted the claim made landowners by the respondents-landowners per acre in part and enhanced the market value to Rs.4,06,000/- per acre in part and enhanced the market value to Rs.4,06,000/ in part and enhanced the market value to Rs.4,06,000/ ggrieved of the along with other statutory benefits and interest. Aggrieved of the along with other statutory benefits and interest. along with other statutory benefits and interest. determination made by the learned Reference Court, the State filed determination made by the learned Reference Court, the State filed determination made by the learned Reference Court, the State filed determination made by the learned Reference Court, the State filed the present appeal. the present appeal. 4. ave heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone ave heard learned counsel for the parties and gone through the paper-book. through the paper 5. is squarely covered by the outcome of The appeal in hand is squarely covered by the outcome of is squarely covered by the outcome of RFA No.2505-1997, titled as Amar Singh and ors. Vs. State of RFA No.2505 Amar Singh and ors. Vs. State of Amar Singh and ors. Vs. State of Punjab, , decided on 10.07.2024, whereby the market value per taining decided on 10.07.2024, whereby the market value pertaining to the same notification dated 09.08.1991, issued under Section 4 of to the same notification dated 09.08.1991, issued under Section 4 of to the same notification dated 09.08.1991, issued under Section 4 of to the same notification dated 09.08.1991, issued under Section 4 of ehsil the Act for the revenue estate of Village Mataur, the then Tehsil the Act for the revenue estate of Village Mataur, the then the Act for the revenue estate of Village Mataur, the then in favour Kharar, District Rupnagar, was enhanced to Rs.6,08,744/- in favour Kharar, District Rupnagar, was enhanced to Rs.6 Kharar, District Rupnagar, was enhanced to Rs.6 of the claimants/ landowners. The relevant paragraph No.7 of Amar of the claimants/ landowners. The relevant paragraph No.7 of of the claimants/ landowners. The relevant paragraph No.7 of Amar Singh’s case (supra), is reproduced hereunder:- case (supra), is reproduced hereunder: “7. Accordingly, the appeal filed at the instance of Accordingly, the appeal filed at the instance of Accordingly, the appeal filed at the instance of landowners is allowed in the aforesaid appellants-landowners is allowed in the aforesaid landowners is allowed in the aforesaid SANJAY GUPTA 2025.11.17 12:56 I attest to the accuracy and integrity of this document RFA-304 304-1999 (O&M) [3] tion of 12% increase in a terms and upon calculation of 12% increase in a terms and upon calcula compounding manner, the market value of the compounding manner, the market value of the compounding manner, the market value of the land under acquisition vide notification dated land under acquisition vide notification dated land under acquisition vide notification dated 09.08.1991 09.08.1991 09.08.1991 is is is hereby hereby hereby enhanced enhanced enhanced from from from Rs.4,06,000/- to Rs.6,08,744/ per acre. Needless to Rs.6,08,744/- per acre. Needless landowners shall to mention that the appellants-landowners shall to mention that the appellants e entitled for all statutory benefits and also be entitled for all statutory benefits and e entitled for all statutory benefits and interest provided under the Act.” interest provided under the Act 6. In view the aforesaid, the present appeal being devoid of In view the aforesaid, the present appeal being devoid of In view the aforesaid, the present appeal being devoid of merits, it thus dismissed. merits, it thus dismissed. 7. 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. 2025 14.11.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No SANJAY GUPTA 2025.11.17 12:56 I attest to the accuracy and integrity of this document