Amrao and others Amrao and others …… v. Versus State of Punjab and ors. State of ..…
Case Details
RFA-714 714-1998 (O&M) & other connected cases (O&M) & other connected cases [1] cases) 106 (11 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 ***** RFA RFA-714-1998 (O&M) Date of Decision: 30.10.2025 Date of Decision: Amrao and others Amrao and others …….Appellants Versus Versus State of Punjab and ors. State of ..….Respondents
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: Present: Mr.Kuldip Sanwal, Advocate Advocate Present: for the applicants/ appellants. for the applicants/ appellants. Athar Ahmed, DAG, Punjab. Mr. Athar Ahmed, DAG, Punjab. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) Regular First Vide this common order, a bunch of 11 Regular First Vide this common order, a bunch of Appeals, details of which are given in the footnote of this judgment, Appeals, details of which are given in the footnote of this judgment, Appeals, details of which are given in the footnote of this judgment, Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common are being decided as all the appeals have arisen out of common are being decided as all the appeals have arisen out of common are being decided as all the appeals have arisen out of common acquisition/Award involving common facts and question of law. For acquisition/Award involving common facts and question of law. For acquisition/Award involving common facts and question of law. For acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from RFA No.714 of 1998 the sake of brevity, facts are being taken the sake of brevity, facts are being taken 8. 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 01.12.1997/05.12.1997 passed by the Court of the Award dated 01.12.1997/05.12.1997 passed by the Court of Award dated 01.12.1997/05.12.1997 passed by the Court of Award dated 01.12.1997/05.12.1997 passed by the Court of Additional District Judge, Gurugram-cum Additional District Judge, Gurugram cum-Reference Court. 3. hree In the present case, the land forming part of three In the present case, the land forming part of t revenue estates of Villages Sarti Teeka Kamial, Sarti Tikka Kamyal revenue estates of Villages Sarti Teeka Kamial, Sarti Tikka Kamyal revenue estates of Villages Sarti Teeka Kamial, Sarti Tikka Kamyal revenue estates of Villages Sarti Teeka Kamial, Sarti Tikka Kamyal SANJAY GUPTA 2025.11.04 17:18 I attest to the accuracy and integrity of this document RFA-714 714-1998 (O&M) & other connected cases (O&M) & other connected cases [2] and Naloh Khas was acquired vide notification dated 22.10.1991 and Naloh Khas was acquired vide notification dated 22.10.1991 and Naloh Khas was acquired vide notification dated 22.10.1991 and Naloh Khas was acquired vide notification dated 22.10.1991 issued under Section 4 of the Land Acquisition Act, 1894, for short issued under Section 4 of the Land Acquisition Act, 1894, for short issued under Section 4 of the Land Acquisition Act, 1894, for short issued under Section 4 of the Land Acquisition Act, 1894, for short award as ‘the Act’, (though wrongly mentioned in the impugned award as ‘the Act’, (though wrongly mentioned in the impugned ‘the Act’, (though wrongly mentioned in the impugned 22.11.1992) for public purpose, namely, for reservoir of Ranjit Sagar 22.11.1992) for public purpose, namely, for reservoir of Ranjit Sagar 22.11.1992) for public purpose, namely, for reservoir of Ranjit Sagar 22.11.1992) for public purpose, namely, for reservoir of Ranjit Sagar Dam Project. Award under Section 11 of the Act was passed by Land Dam Project. Award under Section 11 of the Act was passed by Land Dam Project. Award under Section 11 of the Act was passed by Land Dam Project. Award under Section 11 of the Act was passed by Land Acquisition Collector, for short ‘the LAC’, on 22.11.1994. Acquisition Collector, for short ‘the LAC’, on 22.11.1994. Acquisition Collector, for short ‘the LAC’, on 22.11.1994. 4. downers Being dissatisfied with the aforesaid Award, landowners Being dissatisfied with the aforesaid Award, lan preferred references under Section 18 of the Act, which came to be preferred references under Section 18 of the Act, which came to be preferred references under Section 18 of the Act, which came to be preferred references under Section 18 of the Act, which came to be
Decision
disposed of vide impugned Award dated 01.12.1997 and the market disposed of vide impugned Award dated 01.12.1997 and the market disposed of vide impugned Award dated 01.12.1997 and the market disposed of vide impugned Award dated 01.12.1997 and the market per acre for all kinds of value was assessed at the rate of Rs.50000/- per acre for all kinds of value was assessed at the rate of Rs.50000/ value was assessed at the rate of Rs.50000/ Barani, Rs.22,000/- per acre for gair mumkin, Barani, Rs.22,000/ banjar qadim, banjar per acre for gair mumkin, banjar qadim, banjar per acre for gair mumkin abadi, with all jadid; whereas Rs.1,15,000/- per acre for gair mumkin abadi, with all per acre for gair mumkin abadi, with all jadid; whereas Rs.1,15,000/ other statutory benefits as applicable under the Act. other statutory benefits as applicable under the Act. other statutory benefits as applicable under the Act. 5. Still dissatisfied Still dissatisfied Still dissatisfied thereof, thereof, thereof, the present appeals were the present appeals were the present appeals were preferred at the instance landowners as well as State. preferred at the instance landowners as well as State. preferred at the instance landowners as well as State. 6. Learned counsel representing both the parties are ad Learned counsel representing both the parties are Learned counsel representing both the parties are that the determination with respect to the notification dated idem that the determination with respect to the notification dated that the determination with respect to the notification dated that the determination with respect to the notification dated 22.10.1991 regarding aforementioned three revenue estates, already 22.10.1991 regarding aforementioned three revenue estates, already 22.10.1991 regarding aforementioned three revenue estates, already 22.10.1991 regarding aforementioned three revenue estates, already stands culminated vide judgment dated 02.11.2018 passed by this stands culminated vide judgment dated 02.11.2018 passed by this stands culminated vide judgment dated 02.11.2018 passed by this stands culminated vide judgment dated 02.11.2018 passed by this Court in RFA No. 1006 of 2010 and other connected appeals, tilted Court in RFA No. 1006 of 2010 and other connected appeals, tilted Court in RFA No. 1006 of 2010 and other connected appeals, tilted Court in RFA No. 1006 of 2010 and other connected appeals, tilted , whereby the State of Punjab and others Vs. Usha Rani (II), whereby the as State of Punjab and others Vs. Usha Rani (II) State of Punjab and others Vs. Usha Rani (II) award passed by the learned Reference Court was upheld without award passed by the learned Reference Court was upheld without award passed by the learned Reference Court was upheld without award passed by the learned Reference Court was upheld without any interference. The relevant portion from the judgment dated any interference. The relevant portion from the judgment dated any interference. The relevant portion from the judgment dated any interference. The relevant portion from the judgment dated SANJAY GUPTA 2025.11.04 17:18 I attest to the accuracy and integrity of this document RFA-714 714-1998 (O&M) & other connected cases (O&M) & other connected cases [3] 02.11.2018 is extracted hereunder: .11.2018 is extracted hereunder:- For “(iv) For For notification notification notification dated dated dated 22.10.1991, 22.10.1991, 22.10.1991, appropriate enhancement was given and appropriate enhancement was given and appropriate enhancement was given and therefore, the amounts awarded by the therefore, the amounts awarded by the therefore, the amounts awarded by the Reference Court do not need any Reference Court do not need any Reference Court do not need any interference on both sides, i.e., the State interference on both sides, i.e., the State interference on both sides, i.e., the State appeals are, and the landowners and the appeals are, and the landowners and the accordingly, disposed of.” accordingly, disposed of. 7. In view of the aforesaid, the present appeals are disposed In view of the aforesaid, the present appeals are disposed In view of the aforesaid, the present appeals are disposed judgment passed by a Coordinate Bench of this of in terms of the judgment passed by a Coordinate Bench of this judgment passed by a Coordinate Bench of this of in terms of the case (supra) with no interference being Court in Usha Rani’s (II) case (supra) with no interference being case (supra) with no interference being Court in rd dated 01.12.1997/05.12.1997 passed by the called for in the award dated 01.12.1997/05.12.1997 passed by the rd dated 01.12.1997/05.12.1997 passed by the called for in the awa learned Reference Court. learned Reference Court. 8. Further, the State shall also comply with the directions Further, the State shall also comply with the directions Further, the State shall also comply with the directions laid down by laid down by laid down by the Apex Court the Apex Court the Apex Court in Haryana State in in Haryana State Industrial Industrial Development Corporation Vs. Pran Sukh & others 2010 (11) SCC Development Corporation Vs. Pran Sukh & others 2010 (11) SCC Development Corporation Vs. Pran Sukh & others 2010 (11) SCC Development Corporation Vs. Pran Sukh & others 2010 (11) SCC ensure that the landowners are not fleeced by the middleman, 175, to ensure that the landowners are not fleeced by the middleman, ensure that the landowners are not fleeced by the middleman, ensure that the landowners are not fleeced by the middleman, which read as under: which read as under: The Land Acquisition Collector shall depute “(a) The Land Acquisition Collector shall depute The Land Acquisition Collector shall depute officers subordinate to him not below the rank of officers subordinate to him not below the rank of officers subordinate to him not below the rank of Naib Tahsildar, who shall get in touch with all Naib Tahsildar, who shall get in touch with all Naib Tahsildar, who shall get in touch with all the the land land owners owners and/or and/or their their legal legal representatives and inform them about their representatives and inform them about their representatives and inform them about their entitlement and right entitlement and right entitlement and right to receive enhanced to receive enhanced to receive enhanced compensation. (b) The concerned officers shall also instruct the The concerned officers shall also instruct the The concerned officers shall also instruct the land owners and/or their legal representatives land owners and/or their legal representatives land owners and/or their legal representatives to open savings bank account in case they to open savings bank account in case they to open savings bank account in case they SANJAY GUPTA 2025.11.04 17:18 I attest to the accuracy and integrity of this document RFA-714 714-1998 (O&M) & other connected cases (O&M) & other connected cases [4] ady do not have such account. already do not have such account. (c) The bank account numbers of the land owners The bank account numbers of the land owners The bank account numbers of the land owners should be given should be given should be given to to to the Land Acquisition the Land Acquisition the Land Acquisition Collector within three months. Collector within three months. (d) The Land Acquisition Collector shall deposit the The Land Acquisition Collector shall deposit the The Land Acquisition Collector shall deposit the cheques of compensation in the bank accounts cheques of compensation in the bank accounts cheques of compensation in the bank accounts ndowners.” of the landowners.” 9. 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 disposed of. disposed of. 2025 30.10.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No Sr. No. Sr. No. 1. 1. 2. 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. Case No. (O&M) RFA-715-1998 (O&M) (O&M) RFA-1157-1998 (O&M) (O&M) RFA-1301-1998 (O&M) RFA-1664-1998 (O&M) 1998 (O&M) 1998 (O&M) RFA-1345-1998 (O&M) 1998 (O&M) RFA-4259-1998 (O&M) RFA-1665-1998 (O&M) (O&M) 1999 (O&M) RFA-2650-1999 (O&M) 1999 (O&M) RFA-2597-1999 (O&M) (O&M) RFA-3944-1998 (O&M) 2025 30.10.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE SANJAY GUPTA 2025.11.04 17:18 I attest to the accuracy and integrity of this document