19.11.2025 RFA No. 5312-2001 (O&M) RFA No. State of Haryana State of Haryana …… v. Versus Shiv Ram and ors. Shiv Ram and ors. ..…
Case Details
RFA-5312 5312-2001 (O&M) & 2 others [1 1] cases) 119 (3 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: 19.11.2025 Date of Decision: 19.11.2025 RFA No. 5312-2001 (O&M) RFA No. State of Haryana State of Haryana …….Appellant Versus Versus Shiv Ram and ors. Shiv Ram and ors. ..….Respondent s CORAM: HON'BLE MR. JUSTICE HARKESH CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Abhinash Jain, DAG, Haryana Present: Mr.Abhinash Jain, DAG, Haryana Present: Mr. C.L. Sharma, Advocate Mr. C.L. Sharma, Advocate for the respondents/ landowners. for the respondents/ landowners. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) Regular First Vide this common order, a bunch of 03 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.5312 -2001 the sake of brevity, facts are being taken the sake of brevity, facts are being taken 1. 2. way present appeal(s) challenge has been laid to the By way present appeal(s) challenge has been laid to the way present appeal(s) challenge has been laid to the passed by the learned Additional District decision dated 29.08.2001 passed by the learned Additional District passed by the learned Additional District decision dated Judge, Panchkula Reference Court. Panchkula-cum-Reference Court. 3. Briefly stating, 1.94 acres of land , situated within the 1.94 acres of land, situated within the revenue estate of Village Marranwala revenue estate of Village acquired by Marranwala, was sought to be acquired by the Government of Haryana vide notifications dated the Government of 1982 and vide notifications dated 25.05.1982 and issued under Sections 4 and 6 of the Land Acquisition 19.07.1984, issued under Sections 4 and 6 of the Land Acquisition issued under Sections 4 and 6 of the Land Acquisition 19.07.1984 ectively, for public purpose i.e. for ectively, for public purpose i.e. Act, 1894, for short ‘the Act’ respectively, for public purpose i.e. Act, 1894, for short ‘the Act’ constructions of link road from Pinjore constructions of link ro The d from Pinjore-Nalagarh-Marranwala. The SANJAY GUPTA 2025.11.26 18:35 I attest to the accuracy and integrity of this document RFA-5312 5312-2001 (O&M) & 2 others [2 2] dated Land Acquisition Collector (for short ‘the LAC’) vide award dated Land Acquisition Collector (for short ‘the LAC’) vide award Land Acquisition Collector (for short ‘the LAC’) vide award assessed market value in respect of the acquired land @ assessed market value in respect of the acquired land 23.04.1985 assessed market value in respect of the acquired land 23.04.1985 Rs.12,000/- per acre for Nehri, Banjar Rs.12,000/ land whereas , Banjar and Gair mumkin land whereas Rs.3072/- per acres for Gair mumkin Johari and Choe land Rs.3072/ besides per acres for Gair mumkin Johari and Choe land, besides granting all other statutory benefits under the Act. granting all other statutory benefits under the Act 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 per determining the market value of the acquired land @ Rs.80,000/- per determining the market value of the acquired land @ Rs. determining the market value of the acquired land @ Rs. all other statutory benefits under the all other statutory benefits under th acre uniformly, besides granting all other statutory benefits under th acre uniformly, Act. 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. appellant 6. Impugning the aforementioned award, learned counsel for Impugning the aforementioned award, learned counsel for Impugning the aforementioned award, learned counsel for ce Court went the appellant State submits that the learned Reference Court went the appellant State submits that the learned Referen the appellant State submits that the learned Referen wrong while discarded the sale instances Exs. R1 to R3 produced on wrong while discarded the sale instances Exs. R1 to R3 produced on wrong while discarded the sale instances Exs. R1 to R3 produced on wrong while discarded the sale instances Exs. R1 to R3 produced on record by the State as per which the maximum sale price per acre was record by the State as per which the maximum sale price per acre was record by the State as per which the maximum sale price per acre was record by the State as per which the maximum sale price per acre was . He thus submits that the increase towards market value as Rs.9600/-. He thus submits that the increase towards market value as . He thus submits that the increase towards market value as Rs.9600/ t while relying upon the sale awarded by the learned Reference Court while relying upon the sale awarded by the learned Reference Cour awarded by the learned Reference Cour deed Ex. PW1/A dated 25.08.1982 which was post notification under deed Ex. PW1/A dated 25.08.1982 which was post notification under deed Ex. PW1/A dated 25.08.1982 which was post notification under deed Ex. PW1/A dated 25.08.1982 which was post notification under for and Section 4 of the Act in the case in hand was wholly uncalled-for and Section 4 of the Act in the case in hand was wholly uncalled Section 4 of the Act in the case in hand was wholly uncalled thus the award passed by the learned Reference Court was liable to be thus the award passed by the learned Reference Court was liable to be thus the award passed by the learned Reference Court was liable to be thus the award passed by the learned Reference Court was liable to be set aside. set aside. SANJAY GUPTA 2025.11.26 18:35 I attest to the accuracy and integrity of this document RFA-5312 5312-2001 (O&M) & 2 others [3 3] 7. other hand, learned counsel appearing on behalf of On the other hand, learned counsel appearing on behalf of other hand, learned counsel appearing on behalf of the respondents/ landowners submits that based on the findings the respondents/ landowners submits that based on the findings the respondents/ landowners submits that based on the findings the respondents/ landowners submits that based on the findings locational recorded by the learned Reference Court with respect to the locational recorded by the learned Reference Court with respect to the recorded by the learned Reference Court with respect to the and potential advantage attached to the land under acquisition, the and potential advantage attached to the land under acquisition, the and potential advantage attached to the land under acquisition, the and potential advantage attached to the land under acquisition, the liance placed upon the sale deed Ex.PW1/A dated 25.08.1982 for the reliance placed upon the sale deed Ex.PW1/A dated 25.08.1982 for the liance placed upon the sale deed Ex.PW1/A dated 25.08.1982 for the liance placed upon the sale deed Ex.PW1/A dated 25.08.1982 for the purpose of determination of market value calls for no interference and purpose of determination of market value calls for no interference and purpose of determination of market value calls for no interference and purpose of determination of market value calls for no interference and State were liable to be the appeals preferred at the instance of appellant-State were liable to be the appeals preferred at the instance of appellant the appeals preferred at the instance of appellant dismissed. dismissed. 8. of the parties and gone I have heard learned counsel of the parties and gone I have heard learned counsel book as well as records of the case. through the paper-book as well as records of the case. through the paper 9. A perusal of the impugned order shows that a finding of A perusal of the impugned order shows that a finding of A perusal of the impugned order shows that a finding of fact was recorded by the learned Reference Court with respect to the fact was recorded by the learned Reference Court with respect to the fact was recorded by the learned Reference Court with respect to the fact was recorded by the learned Reference Court with respect to the was revenue estate of Village Marranwala to the effect that the same was revenue estate of Village Marranwala revenue estate of Village Marranwala adjoining the two industrial areas of Himachal Pradesh, namely, adjoining the two industrial areas of Himachal Pradesh, namely, adjoining the two industrial areas of Himachal Pradesh, namely, adjoining the two industrial areas of Himachal Pradesh, namely, Baddi and Barotiwala. It was also recorded that the said revenue Baddi and Barotiwala. It was also recorded that the said revenue Baddi and Barotiwala. It was also recorded that the said revenue Baddi and Barotiwala. It was also recorded that the said revenue for being used for commercial and estate was having potential for being used for commercial and for being used for commercial and estate was having potential that the land residential purposes. Furthermore, it was also recorded that the land residential purposes. Furthermore, it was also recorded residential purposes. Furthermore, it was also recorded under acquisition was situated at a distance of around 2 bighas from under acquisition was situated at a distance of around 2 bighas from under acquisition was situated at a distance of around 2 bighas from under acquisition was situated at a distance of around 2 bighas from part of the sale instance Ex. PW1/A and there was the land forming part of the sale instance Ex. PW1/A and there was part of the sale instance Ex. PW1/A and there was the land forming stablish that the same was a sham transaction. The no evidence to establish that the same was a sham transaction. The stablish that the same was a sham transaction. The no evidence to e relevant finding recorded in this regard by the learned Reference relevant finding recorded in this regard by the learned Reference relevant finding recorded in this regard by the learned Reference relevant finding recorded in this regard by the learned Reference Court are extracted hereunder:- Court are extracted hereunder: In these circumstances the statement of the “….In these circumstances the statement of the In these circumstances the statement of the petitioners seem to be true that village Marranwala lies petitioners seem to be true that village Marranwala lies petitioners seem to be true that village Marranwala lies oining the industrial belt. Two of the famous adjoining the industrial belt. Two of the famous oining the industrial belt. Two of the famous SANJAY GUPTA 2025.11.26 18:35 I attest to the accuracy and integrity of this document RFA-5312 5312-2001 (O&M) & 2 others [4 4] industrial areas of Himachal Pradesh namely Baddi industrial areas of Himachal Pradesh namely Baddi industrial areas of Himachal Pradesh namely Baddi and Barotiwala lie adjoining the village Marranwala. and Barotiwala lie adjoining the village Marranwala. and Barotiwala lie adjoining the village Marranwala. So, the statement of petitioners that their lands had a So, the statement of petitioners that their lands had a So, the statement of petitioners that their lands had a tial potential for being used for commercial and residential potential for being used for commercial and residen purposes, cannot be brushed aside…….. purposes, cannot be brushed aside…….. He has also deposed that the land sold …….. He has also deposed that the land sold He has also deposed that the land sold Was ata distance of only 2 bighas from the land of the Was ata distance of only 2 bighas from the land of the Was ata distance of only 2 bighas from the land of the petitioners. There is no evidence in rebuttal to falsify petitioners. There is no evidence in rebuttal to falsify petitioners. There is no evidence in rebuttal to falsify the said assertions of PW3. There is not even a the said assertions of PW3. There is not even a the said assertions of PW3. There is not even a suggestion put suggestion put suggestion put to to to this witness this witness this witness that sale deed that sale deed that sale deed Ex.PW1/A does not depict tree sale price or that it was Ex.PW1/A does not depict tree sale price or that it was Ex.PW1/A does not depict tree sale price or that it was a sham transaction for hiking the market value. So, in a sham transaction for hiking the market value. So, in a sham transaction for hiking the market value. So, in absence of any such evidence there is no reason why absence of any such evidence there is no reason why absence of any such evidence there is no reason why be the sale price depicted in EX.PW1/A should not be the sale price depicted in EX.PW1/A should not believed. The sale believed. The sale believed. The sale instances produced by instances produced by instances produced by the the the respondent as EX. R1, EX.R2 and Ex. R3 no doubt respondent as EX. R1, EX.R2 and Ex. R3 no doubt respondent as EX. R1, EX.R2 and Ex. R3 no doubt show a much lesser price of the land of village show a much lesser price of the land of village show a much lesser price of the land of village Marranwala but this court has to assess the market Marranwala but this court has to assess the market Marranwala but this court has to assess the market value on the basis of highest sale instance for similar value on the basis of highest sale instance for similar value on the basis of highest sale instance for similar of the same lacality… land of the same lacality… 10. Learned counsel appearing on behalf of the appellant Learned counsel appearing on behalf of the appellant Learned counsel appearing on behalf of the appellant State has not been able to point out any pleading or evidence on State has not been able to point out any pleading or evidence on State has not been able to point out any pleading or evidence on State has not been able to point out any pleading or evidence on record so as to controvert the aforesaid findings. The learned record so as to controvert the aforesaid findings. The learned record so as to controvert the aforesaid findings. The learned record so as to controvert the aforesaid findings. The learned .R1 to R3 for the Reference Court discarded the sale instance Exs.R1 to R3 for the Reference Court discarded the sale instance Exs Reference Court discarded the sale instance Exs reason that the market value against compulsory acquisition needs to reason that the market value against compulsory acquisition needs to reason that the market value against compulsory acquisition needs to reason that the market value against compulsory acquisition needs to highest be determined on the basis of sale deeds carrying the highest be determined on the basis of sale deeds carrying be determined on the basis of sale deeds carrying consideration. The said reasoning appears to be justified and consideration. The said reasoning appears to be justified and consideration. The said reasoning appears to be justified and consideration. The said reasoning appears to be justified and of law laid down by the reasonable in terms of the latest exposition of law laid down by the reasonable in terms of the latest exposition reasonable in terms of the latest exposition Hon’ble Apex Court in Horrmal deceased through his LRs and others Hon’ble Apex Court in deceased through his LRs and others deceased through his LRs and others SANJAY GUPTA 2025.11.26 18:35 I attest to the accuracy and integrity of this document RFA-5312 5312-2001 (O&M) & 2 others [5 5] Vs. State of Haryana and ors., reported as Vs. State of Haryana and ors. and reported as 2024 (4) RCR (Civil) 758 and relevant paragraph Nos. 27 to 29 are reproduced hereunder:- relevant paragraph Nos. 27 to 29 are reproduced hereunder: relevant paragraph Nos. 27 to 29 are reproduced hereunder: “27. In the instant case, there are multiple sale In the instant case, there are multiple sale In the instant case, there are multiple sale deeds of smaller plots, and deeds of smaller plots, and deeds of smaller plots, and these these these represent the best available evidence for represent the best available evidence for represent the best available evidence for estimating compensation. Since there is estimating compensation. Since there is estimating compensation. Since there is no legal impediment to considering such no legal impediment to considering such no legal impediment to considering such sale deeds, the logical progression in the sale deeds, the logical progression in the sale deeds, the logical progression in the estimation process would compensation estimation process would compensation be to identify the most suitable sale be to identify the most suitable sale be to identify the most suitable sale deed(s) for determining the market value deed(s) for determining the market value deed(s) for determining the market value and subsequently, and subsequently, and subsequently, to apply adequate to apply adequate to apply adequate deductions on the same. The solution to deductions on the same. The solution to deductions on the same. The solution to this state of flux may thus be found in the this state of flux may thus be found in the this state of flux may thus be found in the case of Mehrawal v. State Mehrawal Khewaji Trust v. State his of Punjab, (2012) 5 SCC 432 where this of Punjab Court laid down as follows:- Court laid down as follows: "....It is clear that when there are "....It is clear that when there are "....It is clear that when there are several exemplars with several exemplars with several exemplars with reference reference reference to to to similar lands, it is the general rule that the similar lands, it is the general rule that the similar lands, it is the general rule that the highest of the exemplars, if it is satisfied highest of the exemplars, if it is satisfied highest of the exemplars, if it is satisfied ona fide transaction, has to be that it is a bona fide transaction, has to be that it is a b considered and accepted. When the land considered and accepted. When the land considered and accepted. When the land is being compulsorily taken away from a is being compulsorily taken away from a is being compulsorily taken away from a person, he is entitled to the highest value person, he is entitled to the highest value person, he is entitled to the highest value which similar land in the locality is shown which similar land in the locality is shown which similar land in the locality is shown to have fetched in a bona fide transaction to have fetched in a bona fide transaction to have fetched in a bona fide transaction etween a willing purchaser entered into between a willing purchaser entered into b and a willing seller near about the time of and a willing seller near about the time of and a willing seller near about the time of the acquisition." [Emphasis supplied] the acquisition." [Emphasis supplied] This view has been reiterated in Sh. 28. This view has been reiterated in Sh. This view has been reiterated in Sh. Himmat Singh v. State of M.P., (2013) 16 Himmat Singh v. State of M.P., (2013) 16 Himmat Singh v. State of M.P., (2013) 16 judge bench of SCC 392 where a three-judge bench of SCC 392 where a three SANJAY GUPTA 2025.11.26 18:35 I attest to the accuracy and integrity of this document RFA-5312 5312-2001 (O&M) & 2 others [6 6] this this Court Court consolidated consolidated ious various var precedents to affirm that in circumstances precedents to affirm that in circumstances precedents to affirm that in circumstances where where where there are multiple sale deeds there are multiple sale deeds there are multiple sale deeds available for consideration, the Court shall available for consideration, the Court shall available for consideration, the Court shall rely on the highest valued exemplars rely on the highest valued exemplars rely on the highest valued exemplars unless the prices fall within a narrow unless the prices fall within a narrow unless the prices fall within a narrow range, range, range, in which case calculating an in which case calculating an in which case calculating an values therein may be average of the values therein may be average of the more congruous. more congruous. 29. In these extenuating circumstances, there In these extenuating circumstances, there In these extenuating circumstances, there exists significant disparity among the sale exists significant disparity among the sale exists significant disparity among the sale exemplars presently under consideration. exemplars presently under consideration. exemplars presently under consideration. Amongst these sale exemplars, being Ex. Amongst these sale exemplars, being Ex. Amongst these sale exemplars, being Ex. P8 and Ex. P10, the highest sale P2-P8 and Ex. P10, the highest sale P8 and Ex. P10, the highest sale alues instance values instance v the the land at Rupees land at Rupees 1,81,33,867 per acre, whereas the lowest 1,81,33,867 per acre, whereas the lowest 1,81,33,867 per acre, whereas the lowest values it at Rupees 16,94,000 per acre. values it at Rupees 16,94,000 per acre. values it at Rupees 16,94,000 per acre. Given this wide range and in light of the Given this wide range and in light of the Given this wide range and in light of the judicial precedents cited above, we are of judicial precedents cited above, we are of judicial precedents cited above, we are of the opinion that we should rely upon the the opinion that we should rely upon the the opinion that we should rely upon the hich is Ex. P5, highest sale exemplar, which is Ex. P5, highest sale exemplar, w rather than solely depending upon an rather than solely depending upon an rather than solely depending upon an average of average of average of the multiple sale deeds the multiple sale deeds the multiple sale deeds produced produced produced before before before us. Despite us. Despite us. Despite the the the Respondents' vehement contention that Respondents' vehement contention that Respondents' vehement contention that Ex. P5 should not be relied upon owing to Ex. P5 should not be relied upon owing to Ex. P5 should not be relied upon owing to it being a significantly smaller parcel of it being a significantly smaller parcel of it being a significantly smaller parcel of land- ailed analysis conducted the detailed analysis conducted the det above indicates no reason why Ex. P5 above indicates no reason why Ex. P5 above indicates no reason why Ex. P5 cannot be utilised cannot be utilised cannot be utilised to determine to determine to determine the the the amount of compensation to be awarded to amount of compensation to be awarded to amount of compensation to be awarded to the Appellants for the acquired land.” the Appellants for the acquired land. 11. it is pertinent to mention here In the aforesaid situation, it is pertinent to mention here In the aforesaid situation, SANJAY GUPTA 2025.11.26 18:35 I attest to the accuracy and integrity of this document RFA-5312 5312-2001 (O&M) & 2 others [7 7] that sale sale exemplar Ex.PW1/A dated vide which land dated 25.08.1982 vide which land and the base price measuring 1 Bigha 10 Biswas sold for Rs.28,500/- and the base price measuring 1 Bigha 10 Biswas sold for Rs.2 measuring 1 Bigha 10 Biswas sold for Rs.2 per acre thus comes to Rs.86,660/- per acre thus comes to Rs. pertains to the -; even though pertains to the period post to Section 4 of the Act in the case in hand, post-notification to Section 4 of the Act in the case in hand, to Section 4 of the Act in the case in hand, was rightly relied upon by the learned Reference Court. was rightly relied upon Even by the learned Reference Court. Even applying an appropriate deduction applying an the doctrine of de- appropriate deduction based on the doctrine of de escalation for the time gap between the date of notification under escalation for the time gap between the date of notification under escalation for the time gap between the date of notification under escalation for the time gap between the date of notification under Section 4 of the Act in the present case Section 4 of the Act in the ate present case i.e. 25.05.1982 and the date of sale instance Ex.PW1/A dated 25.08.1982, the market value was of sale instance Ex.PW1/A dated 25.08.1982, the market value was of sale instance Ex.PW1/A dated 25.08.1982, the market value was of sale instance Ex.PW1/A dated 25.08.1982, the market value was rightly assessed @ Rs.80,000/ assessed @ Rs.80,000/- per acre. per acre. The aforesaid The aforesaid determination being well reasoned and based on proper appreciation determination being well reasoned and based on proper appreciation determination being well reasoned and based on proper appreciation determination being well reasoned and based on proper appreciation of evidence calls for on interference. of evidence calls for on interference. 12. rded hereinabove, all the appeals For the reasons recorded hereinabove, all the appeals rded hereinabove, all the appeals preferred at the instance of appellant– preferred at the instance of appellant –State are hereby dismissed. 13. 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. 19.11.2025 .11.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No Sr. No. Sr. No. 1. 2. Case No. RFA-5313-2001 (O&M) 2001 (O&M) 2001 (O&M) RFA-5314-2001 (O&M) 19.11.2025 19.11.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE SANJAY GUPTA 2025.11.26 18:35 I attest to the accuracy and integrity of this document