Chajju Ram (Deceased) through LRs. and anr. Chajju Ram (Deceased) through LRs. and anr v. Versus .…
Case Details
RFA-464 464-1998 (O&M) [1] 108 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 RFA-464-1998 (O&M) Date of Decision: 11.11.2025 Date of Decision: Chajju Ram (Deceased) through LRs. and anr. Chajju Ram (Deceased) through LRs. and anr. Chajju Ram (Deceased) through LRs. and anr. Union of India and ors. Union of India and ors. …….Appellants Versus Versus .….Respondents HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: Rai Singh Chauhan, Advocate and Present: Mr.Rai Singh Chauhan, Advocate and Present: Mr. Rohit Sapehiya, Advocate Mr. Rohit Sapehiya, Advocate for the appellants. Mr. Sudhir Nar, Sr. Panel counsel for UOI Mr. Sudhir Nar, Sr. Panel counsel for UOI (RSA-464-1998)
Legal Reasoning
Athar Ahmed, DAG, Punjab. Mr. Athar Ahmed, DAG, Punjab. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) the By way of present appeal, challenge has been laid to the By way of present appeal, challenge has been laid to Award dated 10.11.1997 passed by the Court of Award dated Additional the Court of Learned Additional Reference Court; whereby District Judge, Gurdaspur-cum-Reference Court; whereby Reference Court; whereby District Judge, the the the reference petition(s) preferred at reference petition(s) preferred at reference petition(s) preferred at reference petition(s) preferred at the the the the instance of appellants/ instance of appellants/ instance of appellants/ instance of appellants/ seeking enhancement of compensation towards fruit landowners seeking enhancement of compensation towards fruit seeking enhancement of compensation towards fruit landowners existing over their acquired land, bearing and non-fruit bearing trees existing over their acquired land, existing over their acquired land, bearing and non stands dismissed dismissed. SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document RFA-464 464-1998 (O&M) [2] 2. Briefly stating, certain certain certain land land land owned owned owned by by by the the the situated within the revenue estate of Village appellants/landowners, situated within the revenue estate of Village situated within the revenue estate of Village appellants/landowners Sangher, the then District Gurdaspur came to be acquired vide Sangher, the then District Gurdaspur came to be acquired vide Sangher, the then District Gurdaspur came to be acquired vide Sangher, the then District Gurdaspur came to be acquired vide 26.08.1973 (published in the State Govt. Gazette notifications dated 26.08.1973 (published in the State Govt. Gazette 26.08.1973 (published in the State Govt. Gazette notifications dated on 16.09.1977) and 20.04.1978 (published in the Gazette on on 16.09.1977) and 20.04.1978 (published in the Gazette on on 16.09.1977) and 20.04.1978 (published in the Gazette on on 16.09.1977) and 20.04.1978 (published in the Gazette on 28.04.1978) issued under Sections 4 and 6 of the Land Acquisition 28.04.1978) issued under Sections 4 and 6 of the Land Acquisition 28.04.1978) issued under Sections 4 and 6 of the Land Acquisition 28.04.1978) issued under Sections 4 and 6 of the Land Acquisition Act, 1894, (for short ‘the Act’), respectively, for defence purposes. Act, 1894, (for short ‘the Act’), respectively, for defence purposes. Act, 1894, (for short ‘the Act’), respectively, for defence purposes. Act, 1894, (for short ‘the Act’), respectively, for defence purposes. passed the Special Land Acquisition Collector (for short ‘the LAC’) passed the Special Land Acquisition Collector (for short ‘the LAC’) Special Land Acquisition Collector (for short ‘the LAC’) land on award with respect to the market value of the acquired land on award with respect to the market value of the award with respect to the market value of the fruit 30.11.1979, whereby no compensation for fruit bearing/non-fruit 30.11.1979, whereby no compensation for fruit bearing/ 30.11.1979, whereby no compensation for fruit bearing/ bearing trees and construction existing over the acquired land was bearing trees and construction existing over the acquired land was bearing trees and construction existing over the acquired land was bearing trees and construction existing over the acquired land was granted in favour of the appellants/ landowners. granted in favour of the appellants/ landowners. granted in favour of the appellants/ landowners. 3. Being aggrieved of the award passed by the LAC, CWP Being aggrieved of the award passed by the LAC, CWP Being aggrieved of the award passed by the LAC, CWP No.4664 of 1984 was filed at the instance of landowners/ appellants No.4664 of 1984 was filed at the instance No.4664 of 1984 was filed at the instance of landowners/ appellants, , directing the was disposed of vide order dated 08.10.1985, directing the was disposed of vide order dated 08.10.1985 which was disposed of vide order dated 08.10.1985 LAC to pronounce separate award(s) LAC to pronounce separate award for trees etc. In terms thereof, (s) for trees etc. In terms thereof, two different awards were passed by the LAC i.e. Award No. 8-A two different awards were passed by the LAC i.e. Award No. 8 two different awards were passed by the LAC i.e. Award No. 8 two different awards were passed by the LAC i.e. Award No. 8 ard 03.01.1986 with respect to fruit bearing trees; whereas Award 03.01.1986 with respect to fruit bearing trees; whereas Aw dated 03.01.1986 with respect to fruit bearing trees; whereas Aw No.8-A-1 dated 03.01.1986 qua non fruit bearing trees. 1 dated 03.01.1986 qua non-fruit bearing trees. 4. 3.01.1986, Dissatisfied with the aforesaid award dated 03.01.1986, Dissatisfied with the aforesaid award dated the appellants/ landowners sought reference petition which came to the appellants/ landowners sought reference petition which came to the appellants/ landowners sought reference petition which came to the appellants/ landowners sought reference petition which came to dated be dismissed by the learned Reference Court vide decision dated be dismissed by the learned Reference Court vide be dismissed by the learned Reference Court vide .1997. Hence the present appeal. 10.11.1997. Hence the present appeal. .1997. Hence the present appeal. 5. 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 SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document RFA-464 464-1998 (O&M) [3] book as well as records of the case. through the paper-book as well as records of the case. through the paper 6. A perusal of the impugned order shows that the reference A perusal of the impugned order shows that the reference A perusal of the impugned order shows that the reference s/ landowners have petitions preferred at the instance of appellants/ landowners have petitions preferred at the instance of appellant petitions preferred at the instance of appellant been dismissed primarily on the ground while relying upon a decision been dismissed primarily on the ground while relying upon a decision been dismissed primarily on the ground while relying upon a decision been dismissed primarily on the ground while relying upon a decision rendered by the Hon’ble Apex Court in the case of State of Haryana rendered by the Hon’ble Apex Court in the case of rendered by the Hon’ble Apex Court in the case of State of Haryana