PUNJAB AND HARYANA AT CHANDIGARH v. STATE OF HARYANA & Ors.

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sandeep Yadav, Advocate for the Mr. Advocate for the petitioner. HARKESH MANUJA, J. (ORAL) HARKESH MANUJA **** under Article 227 of By way of present revision petition filed under Article 227 of By way of present revision petition filed By way of present revision petition filed , challenge has been laid to the order dated the Constitution of India, challenge has been laid to the order dated , challenge has been laid to the order dated the Constitution of India - 07.11.2023 passed by the learned Additional District Judge, Gurugram 07.11.2023 passed by the learned Additional District Judge, Gurugram- 07.11.2023 passed by the learned Additional District Judge, Gurugram Executing Court, whereby the petitioner has been though awarded cum-Executing Court, whereby the petitioner has been though awarded Executing Court, whereby the petitioner has been though awarded Executing Court, whereby the petitioner has been though awarded - the benefit of enhanced market value as granted in favour of his other co the benefit of enhanced market value as granted in favour of his other co- the benefit of enhanced market value as granted in favour of his other co sharers pertaining to the acquired land, however, he has been denied the sharers pertaining to the acquired land, however, he has been denied the sharers pertaining to the acquired land, however, he has been denied the sharers pertaining to the acquired land, however, he has been denied the benefit of interest from the date of Award passed by the Land Acquisition benefit of interest from the date of Award passed by the Land Acquisition benefit of interest from the date of Award passed by the Land Acquisition benefit of interest from the date of Award passed by the Land Acquisition Collector in terms of Section 11 of the Land Acquisition Act, 1984 till the Collector in terms of Section 11 of the Land Acquisition Act, 1984 till the Collector in terms of Section 11 of the Land Acquisition Act, 1984 till the Collector in terms of Section 11 of the Land Acquisition Act, 1984 till the date of filing of the execution application. date of filing of the execution a [2]. Being aggrieved thereof, the petitioner preferred the present Being aggrieved thereof, the petitioner preferred the present Being aggrieved thereof, the petitioner preferred the present Being aggrieved thereof, the petitioner preferred the present revision petition. revision petition. [3]. [4]. Notice of motion Notice of motion Ms. Komal Sharma, DAG, Haryana accepts notice on behalf Ms. Komal Sharma, DAG, Haryana accepts notice on behalf Ms. Komal Sharma, DAG, Haryana accepts notice on behalf Ms. Komal Sharma, DAG, Haryana accepts notice on behalf State whereas, Mr. Parminder Singh Sandhu, Advocate of respondents-State whereas, Mr. Parminder Singh Sandhu, Advocate State whereas, Mr. Parminder Singh Sandhu, Advocate of respondents accepts notice on behalf of respondents HSVP. ts notice on behalf of respondents-HSVP. [5]. I have heard learned counsel for the parties and perused the I have heard learned counsel for the parties and perused the I have heard learned counsel for the parties and perused the I have heard learned counsel for the parties and perused the paper book. TEJWINDER SINGH 2026.03.05 14:24 I agree to specified portions of this document CR-2573-2024 -2- [6]. The issue raised by the petitioner(s) now stands finally determined by the Hon’ble Apex Court in case of ‘Ramphal & Ors. Vs. Haryana State Industrial Infrastructure Development Corporation Limited & Ors.’ decided on 13.01.2026 by upholding the claim of the co-sharers those who did not chose to file Reference under Section 18 or 28-A of the Land Acquisition Act, 1894. however, restricting the award of interest. The relevant paragraphs Nos.12 to 14 of the aforementioned judgment are extracted hereunder:- “12. We are of the considered view that apart from the compensation, the appellants would be entitled to the interest for a period of five years to be reckoned from today backwards and we make it explicitly clear that the appellants are not entitled for any interest for any other period. We would also hasten to add that the appellants would be entitled to all other consequential benefits which flow from award of compensation and the respondent(s) authorities shall compute the compensation as has been determined by the award passed under Section 18 of the Act and/or modified by the High Court or this Court in exercise of appellate jurisdiction.

13. The said determination shall be made by the authorities expeditiously and at any rate within an outer limit of three months from the date of this order and the amounts so determined shall be disbursed within an outer limit of three months for such determination with interest as specified therein.

14. In the event of time line which has been fixed by this Court is not adhered to by the respondent(s) authorities, they shall be liable to pay interest @ nine per cent (9%) on the amounts so determined from the date of such determination.” [7]. In view of the adjudication made by the Hon’ble Apex Court in the aforementioned case of Ramphal & Ors. (supra), the impugned orders passed by the learned Executing Court, declining interest component is set aside and the present revision petition is thus, allowed. Both the parties are directed to appear before the learned Executing TEJWINDER SINGH 2026.03.05 14:24 I agree to specified portions of this document CR-2573-2024 -3- Court on 12.03.2026. Thereafter the learned Executing Court shall determine the interest payable in favour of the petitioner(s) and ensure the release thereof by the respondents in terms of the aforementioned decision passed by the Hon’ble Apex Court. [8]. Pending application(s), if any shall also stand disposed of.

24.02.2026 Tejwinder (HARKESH MANUJA) JUDGE Whether speaking/reasoned Whether reportable Yes/No Yes/No TEJWINDER SINGH 2026.03.05 14:24 I agree to specified portions of this document