The High Court
Case Details
RFA-3803 3803-2001 (O&M) & 6 others [1 1] (7 cases) 118 (7 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 ***** Date of Decision: 01.12.2025 Date of Decision: RFA No. RFA No. 3803 of 2001 (O&M) and connected cases and connected cases State of Haryana and ors. State of Haryana Om Parkash and ors. Om Parkash and ors ..….Respondent s …….Appellants Versus Versus HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: Present: Mr.Abhinash Jain, DAG, Haryana Present: , DAG, Haryana.
Legal Reasoning
Ms. Rashi Verma, Advocate for Ms. Rashi Verma, Advocate for Mr. Vinay, Advocate for respondent No.6 Mr. Vinay, Advocate for respondent No.6 (RFA-3804-2001). --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) Regular First Vide this common order, a bunch of 07 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.3803-2001. the sake of brevity, facts are being taken the sake of brevity, facts are being taken 2. way of filing the present appeal(s) challenge has been By way of filing the present appeal(s) challenge has been way of filing the present appeal(s) challenge has been laid to the decision dated 03.04.2001 laid to the decision dated passed by the learned 03.04.2001 passed by the learned Additional District Judge, Gurgaon Additional District Judge, (now Gurgaon-cum-Reference Court (now Gurugram), seeking further enhancement of Gurugram) , seeking further enhancement of compensation. 3. Briefly stating, 6.71 acres of situated within the revenue 6.71 acres of situated within the revenue estate of Village Bas Kusla, Tehsil and District Gurgaon estate of Village was sought Bas Kusla, Tehsil and District Gurgaon was sought SANJAY GUPTA 2025.12.03 19:18 I attest to the accuracy and integrity of this document RFA-3803 3803-2001 (O&M) & 6 others [2 2] to be acquired by the Government of acquired by the Government of Haryana vide notifications dated Haryana vide notifications dated 6.11.1980 (published on 06.08.1980 (published on 02.09.1980) and 16.11.1980 (published on 06.08.1980 (published on 02.09.1980) and 1 06.08.1980 (published on 02.09.1980) and 1 issued under Sections 4 and 6 of the Land Acquisition 02.12.1980), issued under Sections 4 and 6 of the Land Acquisition issued under Sections 4 and 6 of the Land Acquisition 02.12.1980) respectively, for public purpose i.e. for Act, 1894 (for short ‘the Act’) respectively, for public purpose i.e. for respectively, for public purpose i.e. for Act, 1894 construction of Gurgaon-Pataudi Road to Dhana construction of ia Hayatpur Pataudi Road to Dhana via Hayatpur e Land Acquisition Collector (for Kankrola in District Gurgaon. The Land Acquisition Collector (for e Land Acquisition Collector (for Kankrola in District Gurgaon short ‘the LAC’) vide award dated 18.08.1981 short ‘the LAC’) vide award and granted 18.08.1981 assessed and granted market value of the acquired land @ Rs. market value of the acquired land per acre for Chahi @ Rs.9600/- per acre for Chahi besides granting all other statutory benefits under the Act. besides granting all other statutory benefits under the Act land, besides granting all other statutory benefits under the Act 4. appellants/ Dissatisfied with the aforesaid award, the appellants/ Dissatisfied with the aforesaid award, landowners filed reference petitions invoking landowners Section 18 of the Act, invoking Section 18 of the Act,
Decision
which came to be disposed of by the learned Reference Court while which came to be disposed of by the learned Reference Court while which came to be disposed of by the learned Reference Court while which came to be disposed of by the learned Reference Court while enhancing the market value of the acquired land @ Rs. enhancing the market value of the acquired land @ Rs.24,056.32/ 24,056.32/- per acre, er acre, besides all other statutory benefits % solatium besides all other statutory benefits including 15% solatium under the Act. alongwith interest @ 6% per annum, under the Act. alongwith interest @ 6% per annum 5. Award passed by the learned Reference Aggrieved of the Award passed by the learned Reference Award passed by the learned Reference Court, the present appeals were preferred at the instance of Court, the present appeals were preferred at the instance of Court, the present appeals were preferred at the instance of Court, the present appeals were preferred at the instance of appellant-State/ landowners. appellant 6. the only argument Impugning the aforementioned award, the only argument Impugning the aforementioned award, ounsel is that the learned Reference raised on behalf of learned State Counsel is that the learned Reference ounsel is that the learned Reference raised on behalf of learned State Court failed to take into consideration the sale deed Ex.R1 dated Court failed to take into consideration the sale deed Ex.R1 dated Court failed to take into consideration the sale deed Ex.R1 dated Court failed to take into consideration the sale deed Ex.R1 dated 4M of land situated within the revenue 16.05.1979 vide which 13K-4M of land situated within the revenue 4M of land situated within the revenue 16.05.1979 vide which 13K estate of Village Bas Kusla, Tehsil and District Gurgaon was sold for estate of Village Bas Kusla, Tehsil and District Gurgaon was sold for estate of Village Bas Kusla, Tehsil and District Gurgaon was sold for estate of Village Bas Kusla, Tehsil and District Gurgaon was sold for Rs.15000/- and the base price per acre was Rs.9090/ Rs.15000/ . He thus submits base price per acre was Rs.9090/-. He thus submits SANJAY GUPTA 2025.12.03 19:18 I attest to the accuracy and integrity of this document RFA-3803 3803-2001 (O&M) & 6 others [3 3] award passed by the LAC vide which respondents/ landowners that the award passed by the LAC vide which respondents/ landowners award passed by the LAC vide which respondents/ landowners award passed by the LAC vide which respondents/ landowners called were granted market value of Rs.9600/- per acre for Chahi land called were granted market value of Rs.9600/ were granted market value of Rs.9600/ for no interference and accordingly, the impugned award passed by the for no interference and accordingly, the impugned award passed by for no interference and accordingly, the impugned award passed by for no interference and accordingly, the impugned award passed by learned Reference Court was liable to be set aside. learned Reference Court was liable to be set aside. learned Reference Court was liable to be set aside. 7. On the other hand, learned counsel appearing for the On the other hand, learned counsel appearing for the On the other hand, learned counsel appearing for the respondents/ landowners submits that the respondents/ landowners submits that ward passed by the learned the Award passed by the learned Reference Court was based upon proper appreciation of the evidence Reference Court was based upon proper appreciation of the evidence Reference Court was based upon proper appreciation of the evidence Reference Court was based upon proper appreciation of the evidence le on record in the form of sale deed Ex.P1 and thus the same available on record in the form of sale deed Ex.P1 and thus the same le on record in the form of sale deed Ex.P1 and thus the same le on record in the form of sale deed Ex.P1 and thus the same calls for no interference. calls for no interference. 8. I have heard learned counsel of the parties and gone I have heard learned counsel of the parties and gone I have heard learned counsel of the parties and gone through the paper-book as well as records of the case. I through the paper find book as well as records of the case. I do not find substance in the submissions made on beh substance in the submission made on behalf of the appellant State State. 9. the A perusal of the record shows that while passing the A perusal of the record shows that Award reliance has been placed by the learned Reference Court reliance has been placed by the learned Reference Court by the learned Reference Court upon sale deed Ex.P1 dated 12.06.1974 vide which land measuring upon sale deed Ex.P1 dated 12.06.1974 vide which land measuring upon sale deed Ex.P1 dated 12.06.1974 vide which land measuring upon sale deed Ex.P1 dated 12.06.1974 vide which land measuring Village Bas Kusla, 5M situated in the same revenue estate of Village Bas Kusla, 5M situated in the same revenue estate of 17K-5M situated in the same revenue estate of with the Tehsil and District Gurgaon was alienated for Rs.30,500/- with the Tehsil and District Gurgaon was alienated for Rs.30,500/ Tehsil and District Gurgaon was alienated for Rs.30,500/ base price per acre of Rs.13,754.45/- base price per acre of 10. Considering the fact that there was a time gap of 6 years Considering the fact that there was a time gap of 6 years Considering the fact that there was a time gap of 6 years and 2 months between the date of sale exemplar Ex.P1 and the date and 2 months between the date of sale exemplar Ex.P1 and the date and 2 months between the date of sale exemplar Ex.P1 and the date and 2 months between the date of sale exemplar Ex.P1 and the date of notification under Section 4 of the Act in the case in hand, thus, of notification under Section 4 of the Act in the case in hand, of notification under Section 4 of the Act in the case in hand, , an increase of 12% per annum was applied and the market value for increase of 12% per annum was applied and the market value increase of 12% per annum was applied and the market value increase of 12% per annum was applied and the market value present acquisition was determined @ Rs.24,056.32/- per acre. present acquisition was determined @ Rs.24 present acquisition was determined @ Rs.24 11. opinion of this Court, the contention raised In the humble opinion of this Court, the contention raised opinion of this Court, the contention raised SANJAY GUPTA 2025.12.03 19:18 I attest to the accuracy and integrity of this document RFA-3803 3803-2001 (O&M) & 6 others [4 4] on behalf of the appellant State with respect to reliance been not on behalf of the appellant State with respect to reliance been not on behalf of the appellant State with respect to reliance been not on behalf of the appellant State with respect to reliance been not rned placed upon the sale deed Ex.R1 dated 16.05.1979 by the learned placed upon the sale deed Ex.R1 dated 16.05.1979 by the lea placed upon the sale deed Ex.R1 dated 16.05.1979 by the lea Court is meritless as the same cannot be taken as an Reference Court is meritless as the same cannot be taken as an Court is meritless as the same cannot be taken as an Reference , in the wake evidence of the representative value of the acquired land, in the wake evidence of the representative value of the acquired land evidence of the representative value of the acquired land of the following observations made by the LAC in its award dated the following observations made by the LAC in its award dated observations made by the LAC in its award dated 18.08.1981 itself. The relevant extract from the Aw 18.08.1981 itself ard dated . The relevant extract from the Award dated 18.08.1981 passed under Section 11 of the Act by LAC is reproduced 18.08.1981 passed under Section 11 of the Act by LAC is reproduced 18.08.1981 passed under Section 11 of the Act by LAC is reproduced 18.08.1981 passed under Section 11 of the Act by LAC is reproduced hereunder:- hereunder: “I have made necessary enquiries and have also “I have made necessary enquiries and have also “I have made necessary enquiries and have also consulted consulted the the relevant relevant record of sale. 7 sale record of sale. 7 sale transactions took place during three years period prior transactions took place during three years period prior transactions took place during three years period prior ification u/s4 of the Act. According to to the date of notification u/s4 of the Act. According to ification u/s4 of the Act. According to these sales, the average sale price per acre comes to these sales, the average sale price per acre comes to these sales, the average sale price per acre comes to Rs.14051/- for Chahi land, Rs.12000/ per for Chahi land, Rs.12000/- for mix land per acre. The land sold in these sale transactions is for off acre. The land sold in these sale transactions is for off acre. The land sold in these sale transactions is for off from the land under acquisition. from the land under acquisition. f Gurgaon District has supplied The collector of Gurgaon District has supplied The collector o for chahi land and the market rates @ Rs.9100/- for chahi land and the market rates @ Rs.9100/ for Bhud land per acre. Rs.6000/- for Bhud land per acre. Keeping in view the location of the land and all Keeping in view the location of the land and all Keeping in view the location of the land and all other factor which are essential for the determination of other factor which are essential for the determination of other factor which are essential for the determination of for Chahi land per the market value I award Rs.9600/- for Chahi land per the market value I award Rs.9600/ acre.” 12. Accordingly, once, based the sale price of 7 sale nce, based on the sale price of 7 sale transactions which took place during 3 years preceding the date of transactions which took place during 3 years preceding the date of transactions which took place during 3 years preceding the date of transactions which took place during 3 years preceding the date of notification under Section 4 of the Act in the case in hand regarding notification under Section 4 of the Act in the case in hand regarding notification under Section 4 of the Act in the case in hand regarding notification under Section 4 of the Act in the case in hand regarding the same revenue estate, the average sale price per acre was same revenue estate, the average sale price per acre was revenue estate, the average sale price per acre was determined by LAC to be Rs.14,051/- determined by LAC to be Rs.14 - for Chahi land and Rs.12,000/ 000/- SANJAY GUPTA 2025.12.03 19:18 I attest to the accuracy and integrity of this document RFA-3803 3803-2001 (O&M) & 6 others [5 5] keeping in view the location of the land, for mix land and thereafter, keeping in view the location of the land, keeping in view the location of the land, for mix land and thereafter besides considering all other besides considering all other besides considering all other besides considering all other factors, factors, factors, factors, the market value was the market value was the market value was the market value was determined at Rs.9 per acre. The sale deed dated 16.05.1979 mined at Rs.9,600/- per acre. The sale deed dated 16.05.1979 per acre. The sale deed dated 16.05.1979 (Ex.R1) vide which 13K-4M of land was sold for Rs.15 (Ex.R1) vide which 13K the 4M of land was sold for Rs.15,000/- at the base price per acre Rs.9090/- was rightly base price per acre Rs.9090/ ignored from the zone of was rightly ignored from the zone of consideration being not the representative value of the acqui consideration being not the red land. representative value of the acquired land. 13. As such, As such, in in the wake of the wake of the discussion made the discussion made hereby hereinabove, the present appeals lack merits and are hereby hereinabove, the present appeals lack merits and hereinabove, the present appeals lack merits and ward passed by the learned dismissed while upholding the Award passed by the learned ward passed by the learned dismissed while upholding the Reference Court. Reference Court. 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 sposed of. disposed of. .2025 01.12.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No Sr. No. Sr. No. 1. 2. 3. 4. 5. 6. Case No. (O&M) RFA-3804-2001 (O&M) (O&M) RFA-3805-2001 (O&M) (O&M) RFA-3806-2001 (O&M) (O&M) RFA-3807-2001 (O&M) RFA-3808-2001 (O&M) (O&M) (O&M) RFA-3809-2001 (O&M) .2025 01.12.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE SANJAY GUPTA 2025.12.03 19:18 I attest to the accuracy and integrity of this document