RFA-976 v. State of Haryana & Anr.

Smt. Santa Smt. Santa ..….Respondent HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: Abhinash Jain, DAG, Haryana. Present: Mr.Abhinash Jain, DAG, Haryana. Present: Mr. Rajinder Chokar, Advocate Mr. Rajinder Chokar, Advocate for the respondent/landowner. for the respondent/landowner. -.- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) way of filing the present appeal challenge has been By way of filing the present appeal challenge has been way of filing the present appeal challenge has been laid to the decision dated 10.01.2001 laid to the decision dated passed by the learned 10.01.2001 passed by the learned Additional District Judge, Gurugaon, for short the ‘ Additional District Judge, Gurugaon, for short the ‘Reference Court’ Reference Court’.

2. Briefly stating, 0.35 acres of in Village 0.35 acres of land, situated in Village Balola, Tehsil and , was sought to be acquired by Tehsil and District Gurugram, was sought to be acquired by , was sought to be acquired by the Government of Haryana vide notif the Government of

05.05.1987 vide notifications dated 05.05.1987 (published on 26.05.1987) and 20.05.1988 (published on 26.05.1987) and 20.05.1988 (published on 26.05.1987) and 20.05.1988 (published on 26.05.1987) and 20.05.1988 (published on (published on (published on (published on

24.05.1988), issued under Sections 4 24.05.1988), of the Land Acquisition 4 and 6 of the Land Acquisition Act, 1894 (for short, 'the Act'), respectively, Act, 1894 (for short, 'the Act') i.e. for , respectively, for public purpose i.e. for Faridbad road construction of Gurgaon-Faridbad road ‘construction The Land to Balola’. The Land to Balola Acquisition Collector (for short Acquisition Collector (for short Acquisition Collector (for short vide award dated ‘the LAC’) vide award dated ‘the LAC’) ‘the LAC’) SANJAY GUPTA 2026.01.23 17:29 I attest to the accuracy and integrity of this document RFA-976 976-2001 (O&M) [2] assessed market value in respect of the acquired land @ 22.05.1990 assessed market value in respect of the acquired land @ assessed market value in respect of the acquired land @ 22.05.1990 Rs.18,080 18,080/- per acre for Bhood land, whereas Rs. per acre , whereas Rs. 25,120/- per acre other statutory benefits under the for all other kind of land, alongwith other statutory benefits under the other statutory benefits under the for all other kind of land, alongwith Act.

3. Dissatisfied with the aforesaid award, the respondent Dissatisfied with the aforesaid award, the respondent/ reference petition invoking Section 18 of the Act, landowner filed reference petition invoking Section 18 of the Act, reference petition invoking Section 18 of the Act, landowner filed he learned Reference Court vide which came to be disposed of by the learned Reference Court vide he learned Reference Court vide which came to be disposed of by t decision dated 10.01.2001, while determining decision dated the market value of the 10.01.2001, while determining the market value of the acquired land at a uniform rate of Rs. acquired land as well as Rs. 54,962.05 per acre as well as besides all other statutory benefits under the Act. solatium @ 30% besides all other statutory benefits under the Act. solatium @ 30%

4. the Award passed by the learned Reference Aggrieved of the Award passed by the learned Reference the Award passed by the learned Reference Court, the present appeal was preferred at the instance of Court, the present appeal w appellant preferred at the instance of appellant State.

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 through the paper-book. through the paper

6. assessment of A perusal of the record shows that re-assessment of A perusal of the record shows that re market value in the case in hand has been made by relying upon an market value in the case in hand has been made by relying upon an market value in the case in hand has been made by relying upon an market value in the case in hand has been made by relying upon an earlier award dated 04.02.1989 (Ex.P1) earlier award dated 04.02.1989 passed by the learned (Ex.P1) passed by the learned Reference Court pertaining to the same revenue estate and relating Reference Court pertaining to the same revenue estate and relating Reference Court pertaining to the same revenue estate and relating Reference Court pertaining to the same revenue estate and relating to previous acquisition by applying 12% appreciation per annum to previous acquisition by applying 12% appreciation per annum to previous acquisition by applying 12% appreciation per annum the time gap between the two notifications i.e. 22.11.1984 to the time gap between the two notifications i.e. 22.11.1984 to the time gap between the two notifications i.e. 22.11.1984 to the time gap between the two notifications i.e. 22.11.1984 to

05.05.1987. 05.05.1987.

7. Taking into consideration the fact that the acquired land Taking into consideration the fact that the acquired land Taking into consideration the fact that the acquired land SANJAY GUPTA 2026.01.23 17:29 I attest to the accuracy and integrity of this document RFA-976 976-2001 (O&M) [3] District pertaining to revenue estate of Village Balola, Tehsil and District pertaining to revenue estate of Village Balola, pertaining to revenue estate of Village Balola, as such no Gurugram, formed part of the National Capital Region, as such no Gurugram, formed part of the National Capital Gurugram, formed part of the National Capital interference is called for with the 12% appreciation applied by the interference is called for with the 12% appreciation applied by the interference is called for with the 12% appreciation applied by the interference is called for with the 12% appreciation applied by the learned Reference Court for the purpose of determination of market learned Reference Court for the purpose of determination of market learned Reference Court for the purpose of determination of market learned Reference Court for the purpose of determination of market per acre in respect of the acquired land in value @ Rs. 54,962.05/- per acre in respect of the acquired land in per acre in respect of the acquired land in value @ Rs. question. question.

8. nterference is called for in the well- In view thereof, no interference is called for in the well nterference is called for in the well reasoned award passed by the learned Reference Court. reasoned award passed by the learned Reference Court. reasoned award passed by the learned Reference Court.

9. The present appeal being devoid of merits is, therefore, The present appeal being devoid of merits is, therefore, The present appeal being devoid of merits is, therefore, dismissed. dismissed.

10. 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.

1.01.2026 21.01.2026 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No SANJAY GUPTA 2026.01.23 17:29 I attest to the accuracy and integrity of this document