(O&M) RFA No. Smt. Maha Devi (since deceased) through her LRs Smt. Maha Devi v. Versus 2. RFA No. 571 of 1998 (O&M) RFA No. State of Haryana State
Case Details
RFA-762 762-1998 and anr. [1] 104 (2 cases) 104 (2 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 1. ***** Date of Decision: 18.08.2025 Date of Decision: RFA No. 762 of 1998 (O&M) RFA No. Smt. Maha Devi (since deceased) through her LRs Smt. Maha Devi (since deceased) through her LRs Smt. Maha Devi (since deceased) through her LRs State of Haryana State of Haryana .….Respondent …….Appellants Versus Versus 2. RFA No. 571 of 1998 (O&M) RFA No. State of Haryana State of Haryana …….Appellant Versus Versus Smt. Mahadevi Smt. Mahadevi ..….Respondent HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: Present: Mr. V.K. Jindal, Sr. Advocate with Mr. V.K. Jindal, Sr. Advocate with Mr. Sanjay Jain, Advocate Mr. Sanjay Jain, Advocate for the respondent(s) in RFA for the appellants in RFA-762 762-1998. the respondent(s) in RFA-571-1998 and Abhinash Jain, DAG, Haryana Mr. Abhinash Jain, DAG, Haryana for the appellant in RFA-571 for the respondent in RFA- 571-1998 and -762-1998. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) two This order of mine shall dispose of above said two This order of mine shall dispose of above said appeals by way of a common order as identical facts are involved appeals by way of a common order as identical facts are involved appeals by way of a common order as identical facts are involved appeals by way of a common order as identical facts are involved 762 therein. For convenience, facts are being culled out from RFA No.762 therein. For convenience, facts are being therein. For convenience, facts are being -1998. 2. By way of filing the present appeal challenge has been way of filing the present appeal(s) challenge has been laid to the decision dated 24.12.1997 passed by learned Additional the decision dated 24.12.1997 passed by learned Additional 24.12.1997 passed by learned Additional District Judge, Kaithal-cum-Reference Court District Judge, Kaithal Reference Court. SANJAY GUPTA 2025.08.25 18:32 I attest to the accuracy and integrity of this document RFA-762 762-1998 and anr. [2] 3. Brief facts of the case are that 32K 18M acres of land of the case are that 32K-18M acres of land situated within the revenue estate of Village Fatehpur, Hadbast No.8, situated within the revenue estate of Village Fatehpur, Hadbast No.8, situated within the revenue estate of Village Fatehpur, Hadbast No.8, situated within the revenue estate of Village Fatehpur, Hadbast No.8, Tehsil and District Kaithal was sought to be Tehsil and District Kaithal was vide Govt. sought to be acquired vide Govt. 8.1995, under Section otification dated 28.8.1995, published on 31.08.1995, under Section otification dated 28.8.1995, published on 31. notification dated 28.8.1995, published on 31. 4 of the 1894 Act, for short ‘the Act’, 4 of the for short ‘the Act’, for public purpose, namely namely, construction of Frozen Semen Bank, Fatehpur. construction Land Acquisition of Frozen Semen Bank, Fatehpur. The Land Acquisition (for short ‘the LAC’) assessed the market value of the Collector (for short ‘the LAC’) assessed the market value of the (for short ‘the LAC’) assessed the market value of the Collector acquired land @ Rs. 1,80,000/- per acre acquired land @ per acre and further gave Rs.20,000 Rs.20,000/- for standing crops; thereby awarding total compensation of Rs. for standing crops; thereby awarding total compensation of Rs. for standing crops; thereby awarding total compensation of Rs. for standing crops; thereby awarding total compensation of Rs. for the acquired land; besides 30% solatium and 10,48,947/- for the acquired land; besides 30% solatium and for the acquired land; besides 30% solatium and 10,48,947/ additional amount @ 12% per annum. additional amount @ 12% per annum. additional amount @ 12% per annum. 4. Feeling aggrieved, predecessor interest of appellants predecessor-in-interest of appellants under Section 18 of the Act pleading that the filed objections under Section 18 of the Act pleading that the under Section 18 of the Act pleading that the filed objection compensation assessed by the LAC compensation in view the LAC was inadequate in view the prevailing market value. prevailing market value. 5. The learned Reference Court Addl.District Judge, Reference Court-cum-Addl.District Judge, Kaithal, after examining and taking into consideration the material Kaithal, after examining and taking into consideration the material Kaithal, after examining and taking into consideration the material Kaithal, after examining and taking into consideration the material available on record vide order dated 24.12.1997 awarded/enhanced available on record vide order dated 24.12.1997 awarded/enhanced available on record vide order dated 24.12.1997 awarded/enhanced available on record vide order dated 24.12.1997 awarded/enhanced the market value per square yards, alongwith further market value to Rs. 250/- per square yards, alongwith further per square yards, alongwith further amount @ 12% per annum on the amount @ 12% per annum on said value for the period the said value for the period the commencing from 31.08.1995 i.e. the date of publication of the commencing from 31.08.1995 i.e. the date of publication of commencing from 31.08.1995 i.e. the date of publication of notification issued under Section 4 of the Act; besides 30% solatium ication issued under Section 4 of the Act; besides 30% solatium Section 4 of the Act; besides 30% solatium on said market value. The appellants were also awarded on said market value. The interest @ appellants were also awarded interest @ 9% per annum on the enhanced compensation for a period of one 9% per annum on the enhanced compensation for a period of one 9% per annum on the enhanced compensation for a period of one 9% per annum on the enhanced compensation for a period of one SANJAY GUPTA 2025.08.25 18:32 I attest to the accuracy and integrity of this document RFA-762 762-1998 and anr. [3] was year and thereafter @ 15% till the amount of compensation was year and thereafter @ 15% till the amount of compensation year and thereafter @ 15% till the amount of compensation deposited posited with the Reference Court. 6. landowners Seeking further enhancement, the appellants-landowners Seeking further enhancement, the appellants preferred RFA No. 762-1998, while preferred State being , while the respondent-State being satisfied with the award passed by the learned Reference Court dissatisfied with the award passed by the learned Reference Court satisfied with the award passed by the learned Reference Court satisfied with the award passed by the learned Reference Court filed RFA No. 571-1998. filed RFA No. 571 7. Impugning Impugning Impugning the aforementioned Award, the aforementioned Award, the aforementioned Award, learned Senior learned Senior learned Senior for the appellants submits that the Reference Court Counsel appearing for the appellants submits that the Reference Court for the appellants submits that the Reference Court Counsel went wrong having discarded the sale exemplars proved on record as went wrong having discarded the sale exemplars proved on record as went wrong having discarded the sale exemplars proved on record as went wrong having discarded the sale exemplars proved on record as Exs. P-2 to P making assessment of market value. Learned 2 to P-6 while making assessment of market value. Learned making assessment of market value. Learned nior counsel submits that the sale instances Exs. P-2 to P-4 & P nior counsel submits that the sale instances Exs. P Senior counsel submits that the sale instances Exs. P 4 & P-6, pertaining to land forming part of rect. No. 215, Hadbast No. 8 of Village pertaining to land forming part of rect. No. 215, Hadbast No. 8 of Village pertaining to land forming part of rect. No. 215, Hadbast No. 8 of Village pertaining to land forming part of rect. No. 215, Hadbast No. 8 of Village were to be taken into account while Fatehpur, Tehsil and District Kaithal were to be taken into account while were to be taken into account while Fatehpur, Tehsil and District Kaithal assessing market value of the land unde assessing market value of part the land under acquisition which formed part of nearby Rect. Nos.213 & 214, Hadbast No. 8, Tehsil and District nearby Rect. Nos.213 & 214, Hadbast No. 8, Tehsil and District Rect. Nos.213 & 214, Hadbast No. 8, Tehsil and District Kaithal. Learned Senior counsel also points out that since the Kaithal. Learned Senior counsel also points out that since the Kaithal. Learned Senior counsel also points out that since the Kaithal. Learned Senior counsel also points out that since the acquisition in the present case was relating to a small chunk of land acquisition in the present case was relating to a small chunk of land acquisition in the present case was relating to a small chunk of land acquisition in the present case was relating to a small chunk of land rlas for the public purpose, namely, for measuring 32 kanals 18 marlas for the public purpose, namely, for rlas for the public purpose, namely, for measuring 32 kanals 18 ma construction of Frozen Semen Bank at Fathpur as such even no cut construction of Frozen Semen Bank at Fathpur as such even no cut construction of Frozen Semen Bank at Fathpur as such even no cut construction of Frozen Semen Bank at Fathpur as such even no cut towards development expense was required to be applied towards development upon the sale was required to be applied upon the sale . Learned Senior counsel also submits that in view of latest exemplars. Learned Senior counsel also submits that in view of latest . Learned Senior counsel also submits that in view of latest exemplars decision of the Hon’ble Supreme Court in the case of decision o f the Hon’ble Supreme Court in the case of Horrmal Vs. Horrmal Vs. , the same exemplar fetching highest State of Haryana, 2024 INSC 797, the same exemplar fetching highest , the same exemplar fetching highest State of Haryana considered while assessing the market sale price were required to be considered while assessing the market considered while assessing the market sale price were required SANJAY GUPTA 2025.08.25 18:32 I attest to the accuracy and integrity of this document RFA-762 762-1998 and anr. [4] value of the acquired land. Learned Senior counsel value of the acquired land. that once Learned Senior counsel submits that once the reliable sale exemplars were available on record, the Reference reliable sale exemplars were available on record, the Reference sale exemplars were available on record, the Reference Court went wrong while relaying upon the Collector rate of the area for Court went wrong while relaying upon the Collector rate of the area Court went wrong while relaying upon the Collector rate of the area Court went wrong while relaying upon the Collector rate of the area and as such the impugned award was assessment of market value and as such the impugned award was and as such the impugned award was assessment of market value liable to be modified. Table of the sale ins liable to be modified. tances proved on record as Table of the sale instances proved on record as - Ex.P2 to Ex.P6 is extracted hereunder:- Ex.P2 to Ex.P6 is extracted hereunder: Date of Sale Area Date of Sale Sold Total Total proceeds sale Sale price per acre Sale price Sale price sale sq. per per sq. yards. 1.6.1994 1.6.1994 (Ex.P2) (Ex.P2) 1.6.1994 1.6.1994 (Ex.P3) (Ex.P3) 1.6.1994 1.6.1994 (Ex.P4) (Ex.P4) 6.12.1994 6.12.1994 (Ex.P5) (Ex.P5) 11.01.1995 .1995 (Ex.P6) (Ex.P6) 3 M Rs.61,250/- Rs.32,66,666/- Rs.675/- Rs.675/ 3 M Rs.61,250/- Rs.32,66,666/- Rs.675/- - 3 ½ M Rs.73,500/- Rs.33,60,000/- Rs.694/- - 2 M Rs.1,32,000/- Rs.1,05,60,000/- Rs.2181/- Rs.2181/ 4 M Rs.1,20,000/- Rs.48,00,000/- - Rs.991/- 7.1 Learned Senior Counsel also submits that no compensation Learned Senior Counsel also submits that no compensation Learned Senior Counsel also submits that no compensation was awarded for trees which were standing over the acquired land at was awarded for trees which were standing over the acquired land at was awarded for trees which were standing over the acquired land at was awarded for trees which were standing over the acquired land at the time of issuance of notification under Section 4 of the Act and thus, the time of issuance of notification under Section 4 of the Act and thus, the time of issuance of notification under Section 4 of the Act and thus, the time of issuance of notification under Section 4 of the Act and thus, ensated on the appellant/ landowner was required to be suitably compensated on the appellant/ landowner was required to be suitably comp the appellant/ landowner was required to be suitably comp this account account also. 8. On the other hand, learned State counsel submits that all On the other hand, learned State counsel submits that all On the other hand, learned State counsel submits that all the sale instances relied upon by the landowner in the form of Exs.P-2 the sale instances relied upon by the landowner in the form of Exs.P the sale instances relied upon by the landowner in the form of Exs.P the sale instances relied upon by the landowner in the form of Exs.P to P-6 were relating were relating to 2 to 4 marlas and thus were rightly to 2 to 4 marlas of land and thus were rightly ce Court for the purposes of determination of discarded by the Reference Court for the purposes of determination of ce Court for the purposes of determination of discarded by the Referen SANJAY GUPTA 2025.08.25 18:32 I attest to the accuracy and integrity of this document RFA-762 762-1998 and anr. [5] above market value. Learned State counsel also points out that the above market value. Learned State counsel also points out that the market value. Learned State counsel also points out that the noted sale exemplars sale exemplars were relating to small plots reflected that relating to small plots, as such reflected that formed part of commercial area and as such the same must have formed part of commercial area and as such formed part of commercial area and as such the same market d not be relied upon for the purpose of determination of market d not be relied upon for the purpose of determination of should not be relied upon for the purpose of determination of value qua the present acquisition which was relating to the value qua agricultural which was relating to the agricultural land only. land only. 8.1 ounsel submits that a perusal of the Further, learned State Counsel submits that a perusal of the ounsel submits that a perusal of the award shows that the compensation towards the trees was to be award shows that the compensation towards the trees was to be award shows that the compensation towards the trees was to be award shows that the compensation towards the trees was to be determined and paid after the assessment was made by the Forest determined and paid after the assessment was made by the Forest determined and paid after the assessment was made by the Forest determined and paid after the assessment was made by the Forest placed authorities. He also submits that a report dated 10.07.1996 was placed authorities. He also submits that a report dated 10.07.1996 was authorities. He also submits that a report dated 10.07.1996 was cording to which the compensation with respect on record as Ex.D1 according to which the compensation with respect cording to which the compensation with respect on record as Ex.D1 ac to the trees situated over the subject land at the time of acquisition to the trees situated over the was subject land at the time of acquisition was assessed assessed assessed to to to the the the tune tune tune of Rs.8084/- of Rs.8084/ of Rs.8084/ and and at at best best the the entitled for the said amount against the appellant(s)/landowner(s) were entitled for the said amount against the entitled for the said amount against the appellant value of the trees. value of the 9. 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 book(s). I find substance in the submissions made on through the paper-book(s). I find substance in the submissions made on book(s). I find substance in the submissions made on through the paper behalf of the appellant. behalf of the appellant. 10. Once the sale exemplars were available on record, the Once the sale exemplars were available on record, the Once the sale exemplars were available on record, the while relying upon the Collector learned Reference Court went wrong while relying upon the Collector learned Reference Court went wrong learned Reference Court went wrong rate of the area for the purposes of determination of market value rate of the area for the purposes of determination of rate of the area for the purposes of determination of market value. 6 were Furthermore, mere fact that the sale exemplars Exs.P-2 to P-6 were Furthermore, mere fact that the sale exemplars Exs.P Furthermore, mere fact that the sale exemplars Exs.P relating to small piece of land; cannot be held to be a valid reason for relating to small piece of land; cannot be held to be a valid reason for relating to small piece of land; cannot be held to be a valid reason for relating to small piece of land; cannot be held to be a valid reason for same especially when all those were pertaining to the discarding the same especially when all those were pertaining to the same especially when all those were pertaining to the discarding fide same revenue estate and proved to be genuine and bona fide same revenue estate and proved to be genuine and same revenue estate and proved to be genuine and SANJAY GUPTA 2025.08.25 18:32 I attest to the accuracy and integrity of this document RFA-762 762-1998 and anr. [6] . Although Ex.P5 i.e. the sale deed dated 06.12.1996 transactions. Although Ex.P5 i.e. the sale deed dated 06.12.1996 . Although Ex.P5 i.e. the sale deed dated 06.12.1996 transactions relates to post notification need not be relied upon, however, to post notification and thus need not be relied upon, however, need not be relied upon, however, the other sale instances Exs. P ther sale instances Exs. P-2 to P 2 to P-4 & P-6, which relate to relate to the period prior to the notification issued under Section 4 of the Act in the period prior to the notification issued under Section 4 of the Act in the period prior to the notification issued under Section 4 of the Act in the period prior to the notification issued under Section 4 of the Act in the case in hand as such were required to be relied upon by the learned case in hand as such were required to be relied upon by the learned case in hand as such were required to be relied upon by the learned case in hand as such were required to be relied upon by the learned when a perusal of Reference Court especially under the circumstances when a perusal of Reference Court especially under the circumstances Reference Court especially under the circumstances record in the shape of Award No.7 dated 16.07.1996 pertaining to the record in the shape of Award No.7 dated 16.07.1996 pertaining to the record in the shape of Award No.7 dated 16.07.1996 pertaining to the record in the shape of Award No.7 dated 16.07.1996 pertaining to the the site plan proved on record as Ex.P- present acquisition as well as the site plan proved on record as Ex.P present acquisition -12 show that the land under acquisition measuring 32 kanal 18 marlas show that the land under acquisition measuring 32 kanal 18 marlas show that the land under acquisition measuring 32 kanal 18 marlas show that the land under acquisition measuring 32 kanal 18 marlas formed part of Rect. Nos. 213 part of Rect. Nos. 213 & 214; whereas the land consisting of & 214; whereas the land consisting of sale deeds Ex.P-2 to Ex.P-4 and Ex.P-6 formed part of sale deeds Ex.P Rect. 6 formed part of the nearby Rect. Nos. 215 & 217, respectively, pertaining to the same Hadbast No.8 of Nos. 215 & 217, respectively, pertaining to the same Hadbast No.8 of Nos. 215 & 217, respectively, pertaining to the same Hadbast No.8 of Nos. 215 & 217, respectively, pertaining to the same Hadbast No.8 of Village Fatehpur, Tehsil and District Kaithal. In such circumstances and Fatehpur, Tehsil and District Kaithal. In such circumstances and Tehsil and District Kaithal. In such circumstances and ng into account the law laid down by the Hon’ble Supreme Court in taking into account the law laid down by the Hon’ble Supreme Court in ng into account the law laid down by the Hon’ble Supreme Court in ng into account the law laid down by the Hon’ble Supreme Court in , the highest sale exemplar i.e. sale the case of Horrmal’s case (supra), the highest sale exemplar i.e. sale , the highest sale exemplar i.e. sale the case of 6) was required to be relied upon by the deed dated 11.01.1995 (Ex.P-6) was required to be relied upon by the 6) was required to be relied upon by the deed dated 11.01.1995 (Ex.P market learned Reference Court for the purpose of determination of market learned Reference Court for the purpose of determination of learned Reference Court for the purpose of determination of . Reference in this after applying development cut thereupon. Reference in this after applying development cut value after applying development cut ade to paras 28 & 29 of the same which is extracted regard can be made to paras 28 & 29 of the same which is extracted ade to paras 28 & 29 of the same which is extracted regard can be m hereunder:- hereunder: “28. This view has been reiterated in This view has been reiterated in Sh. Himmat Singh v. Sh. Himmat Singh v. State of M.P.,(2013) 16 SCC 392 judge (2013) 16 SCC 392 where a three-judge bench of this Court consolidated various precedents to bench of this Court consolidated various precedents to bench of this Court consolidated various precedents to
Legal Reasoning
affirm that in circumstances where there are multiple affirm that in circumstances where there are multiple affirm that in circumstances where there are multiple sale deeds available for consideration, the Court shall sale deeds available for consideration, the Court shall sale deeds available for consideration, the Court shall rely on the highest valued exemplars unless the prices rely on the highest valued exemplars unless the prices rely on the highest valued exemplars unless the prices SANJAY GUPTA 2025.08.25 18:32 I attest to the accuracy and integrity of this document RFA-762 762-1998 and anr. [7] arrow range, in which case calculating an fall within a narrow range, in which case calculating an arrow range, in which case calculating an average of the values therein may be more congruous. average of the values therein may be more congruous. average of the values therein may be more congruous. 29. In In In these extenuating circumstances, these extenuating circumstances, these extenuating circumstances, there exists there exists there exists significant disparity among the sale exemplars presently significant disparity among the sale exemplars presently significant disparity among the sale exemplars presently under consideration. Amongst these sale exemplars, under consideration. Amongst these sale exemplars, under consideration. Amongst these sale exemplars, P8 and Ex. P10, the highest sale instance being Ex. P2-P8 and Ex. P10, the highest sale instance P8 and Ex. P10, the highest sale instance values the land at Rupees 1,81,33,867 per acre, values the land at Rupees 1,81,33,867 per acre, values the land at Rupees 1,81,33,867 per acre, whereas the lowest values it at Rupees 16,94,000 per whereas the lowest values it at Rupees 16,94,000 per whereas the lowest values it at Rupees 16,94,000 per acre. Given this wide range and in light of the judicial acre. Given this wide range and in light of the judicial acre. Given this wide range and in light of the judicial on that we precedents cited above, we are of the opinion that we precedents cited above, we are of the opini should rely upon the highest sale exemplar, which is Ex. should rely upon the highest sale exemplar, which is Ex. should rely upon the highest sale exemplar, which is Ex. P5, rather than solely depending upon an average of P5, rather than solely depending upon an average of P5, rather than solely depending upon an average of the multiple sale deeds produced before us. Despite the the multiple sale deeds produced before us. Despite the the multiple sale deeds produced before us. Despite the Respondents’ vehement contention that Ex. P5 should Respondents’ vehement contention that Ex. P5 should Respondents’ vehement contention that Ex. P5 should it being a significantly not be relied upon owing to it being a significantly not be relied upon owing to smaller parcel of land— the detailed analysis conducted — the detailed analysis conducted above indicates no reason why Ex. P5 cannot be above indicates no reason why Ex. P5 cannot be above indicates no reason why Ex. P5 cannot be utilised to determine the amount of compensation to be utilised to determine the amount of compensation to be utilised to determine the amount of compensation to be awarded to the Appellants for the acquired land.” awarded to the Appellants for the acquired land.” 11. since the sale exemplar In the humble opinion of this Court, since the sale exemplar In the humble opinion of this Court, .1995 Ex.P6 pertains to a small plot of land measuring 4 dated 11.01.1995 Ex.P6 pertains to a small plot of land measuring 4 .1995 Ex.P6 pertains to a small plot of land measuring 4 dated 11.0 tional similarity marlas; although the same has geographical and locational similarity marlas; although the same has geographical and loca marlas; although the same has geographical and loca nearness in and proximity to the acquired land besides also having nearness in and proximity to the acquired land besides also having and proximity to the acquired land besides also having terms of time of acquisition which commenced vide notification dated terms of time of acquisition which commenced vide notification dated terms of time of acquisition which commenced vide notification dated terms of time of acquisition which commenced vide notification dated of 45% towards 31.08.1995; it would be appropriate to apply cut of 45% towards 31.08.1995; it would be appropriate to apply cu 31.08.1995; it would be appropriate to apply cu development cost. The above percentage of development cut would be development cost. The above percentage of development cut would be development cost. The above percentage of development cut would be development cost. The above percentage of development cut would be circumstances of the case reasonable and appropriate in the facts and circumstances of the case reasonable and appropriate in the facts and reasonable and appropriate in the facts and in hand wherein the land under acquisition itself is relatively a small in hand wherein the land under acquisition itself is relatively a small in hand wherein the land under acquisition itself is relatively a small in hand wherein the land under acquisition itself is relatively a small chunk of 32 kanals 18 marlas and the purpose is for construction of chunk of 32 kanals 18 marlas and the purpose is for construction of chunk of 32 kanals 18 marlas and the purpose is for construction of chunk of 32 kanals 18 marlas and the purpose is for construction of SANJAY GUPTA 2025.08.25 18:32 I attest to the accuracy and integrity of this document RFA-762 762-1998 and anr. [8] “Frozen Semen Bank, Fatehpur’, against which the respondents are not “Frozen Semen Bank, Fatehpur’, against which the respondents are not “Frozen Semen Bank, Fatehpur’, against which the respondents are not “Frozen Semen Bank, Fatehpur’, against which the respondents are not towards additional infrastructural development cost going to suffer much towards additional infrastructural development cost towards additional infrastructural development cost going to suffer much or providing of supplementary amenities. or providing of supplementary amenities. or providing of supplementary amenities. 12. In view of the discussion made hereinabove, the market In view of the discussion made hereinabove, the market In view of the discussion made hereinabove, the market value of the acquired land as on the date of notification under Section 4 value of the acquired land as on the date of notification under Section 4 value of the acquired land as on the date of notification under Section 4 value of the acquired land as on the date of notification under Section 4 of the Act thus, comes to Rs.545.05 /- of the Act thus - per sq. yards (45% of Rs.991/ (45% of Rs.991/-) i.e. Rs.26,38,042/- per acre. i.e. Rs.26,38,042/ 13. As regards the compensation on account of trees standing As regards the compensation on account of trees standing As regards the compensation on account of trees standing led by the over the acquired land, in the absence of any evidence been led by the over the acquired land, in the absence of any evidence over the acquired land, in the absence of any evidence appellants/landowners, they can at best be held ent appellants/ itled for award of can at best be held entitled for award of against the value of trees in compensation to the tune of Rs.8084/- against the value of trees in compensation to the tune of Rs.8084/ compensation to the tune of Rs.8084/ terms of report dated 10.07.1996 submitted by the Deputy Forest Range terms of report dated 10.07.1996 submitted by the Deputy Forest Range terms of report dated 10.07.1996 submitted by the Deputy Forest Range terms of report dated 10.07.1996 submitted by the Deputy Forest Range Officer, Kurukshetra and proved on record as Ex.D1. Officer, Kurukshetra and proved on record as Ex.D1. Officer, Kurukshetra and proved on record as Ex.D1. 14. filed Consequently, the appeal bearing RFA No. 762-1998 filed Consequently, the appeal bearing by the appellants is partly allowed in the above terms by the appellant in the above terms thereby award thereby awarding per sq. yards for the acquired land along market value @ Rs.545.05 p. per sq. yards for the acquired land along per sq. yards for the acquired land along market value @ Rs.545.05 p with grant of all other statutory benefits and interest provided under the with grant of all other statutory benefits and interest provided under the with grant of all other statutory benefits and interest provided under the with grant of all other statutory benefits and interest provided under the provisions of the Act; whereas the appeal bearing provisions of the Act; whereas the appeal bearing RFA No. 571-1998 1998 filed at the instance of State is hereby dismissed filed at the instance of State is hereby dismissed. 15. 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. 18.08.2025 18.08.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No SANJAY GUPTA 2025.08.25 18:32 I attest to the accuracy and integrity of this document