RFA-1674 v. Hardev Singh & Ors.

Regular First Vide this common order, a bunch of 13 Regular First Vide this common order, a bunch of Appeals , details of which are given in the as well as 08 XOBJRs, details of which are given in the , details of which are given in the footnote of this judgment, are being decided as all the appeals have footnote of this judgment, are being decided as all the appeals have footnote of this judgment, are being decided as all the appeals have footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving common facts and arisen out of common acquisition/Award involving common facts and arisen out of common acquisition/Award involving common facts and arisen out of common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from question of law. For the sake of brevity, facts are being taken from question of law. For the sake of brevity, facts are being taken from question of law. For the sake of brevity, facts are being taken from RFA No.1674-2005. RFA No.

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 15.02.2005 laid to the decision dated passed by the learned 15.02.2005 passed by the learned Additional District Judge, Faridkot-cum Additional District Judge, Reference Court, seeking cum-Reference Court, seeking further enhancement of the compensation. further enhancement of the compensation. further enhancement of the compensation.

3. land, situated within the revenue Briefly stating, some land, situated within the revenue land, situated within the revenue was sought to be acquired by the estate of Jaito District Faridkot, was sought to be acquired by the was sought to be acquired by the estate of Government of Punjab vide notifications dated Government of

16.09.1999 and vide notifications dated 16.09.1999 and issued under Sections 4 and 6 of the Land Acquisition 06.10.1999, issued under Sections 4 and 6 of the Land Acquisition issued under Sections 4 and 6 of the Land Acquisition 06.10.1999, SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document RFA-1674 1674-2005 (O&M) & other connected cases 2005 (O&M) & other connected cases [3] 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 Chand Bhan Drain from R.D. 12050 to 12710 and construction of Chand Bhan Drain from R.D. 12050 to 12710 and construction of Chand Bhan Drain from R.D. 12050 to 12710 and construction of Chand Bhan Drain from R.D. 12050 to 12710 and 13660 to 15360 outfalling into Chand Bhan Diversion Drain in Teh. 13660 to 15360 outfalling into Chand Bhan Diversion Drain in Teh. 13660 to 15360 outfalling into Chand Bhan Diversion Drain in Teh. 13660 to 15360 outfalling into Chand Bhan Diversion Drain in Teh. The Land Acquisition Collector (for short ‘the LAC’) vide award Jaitu. The Land Acquisition Collector (for short ‘the LAC’) vide award The Land Acquisition Collector (for short ‘the LAC’) vide award The Land Acquisition Collector (for short ‘the LAC’) vide award market value in respect of the acquired dated 07.09.2001 assessed market value in respect of the acquired market value in respect of the acquired dated 07.0 land @ Rs.2,50,000 /- per acre, and all land @ Rs. other statutory benefits under and all other statutory benefits under the Act.

4. Dissatisfied with the aforesaid award, the appellants/ Dissatisfied with the aforesaid award, the appellants/ Dissatisfied with the aforesaid award, the appellants/ landowners filed reference petitions invoking Section 18 of t landowners filed he Act, reference petitions invoking Section 18 of the Act, which came to be disposed of by the learned Reference Court vide which came to be disposed of by the learned Reference Court vide which came to be disposed of by the learned Reference Court vide which came to be disposed of by the learned Reference Court vide decision dated 15.02.2005 which partly allowed the claim decision dated which partly allowed the claim while upholding the market value of the acquired land upholding determined by the the market value of the acquired land determined by the LAC @ Rs @ Rs. 2,50,000/- per acre, however, granting inte rest on , however, granting interest on compensation from the date of taking the possession till the date of compensation from the date of taking the possession till the date of compensation from the date of taking the possession till the date of compensation from the date of taking the possession till the date of all other statutory benefits under the Act. payment and all other statutory benefits under the Act. payment and

5. Aggrieved of the said decision of the learned Reference decision of the learned Reference ate as Court, the present appeals were preferred at the instance of State as Court, the present appeals were preferred at the instance of Court, the present appeals were preferred at the instance of well as appellants/ landowners appellants/ landowners/XOBJRs /XOBJRs.

6. Impugning the aforementioned award, learned counsel for Impugning the aforementioned award, learned counsel for Impugning the aforementioned award, learned counsel for State submits that the learned Reference Court went the appellant-State submits that the learned Reference Court went State submits that the learned Reference Court went the appellant wrong having granted interest @ 9% per annum for the first year from wrong having granted interest @ 9% per annum for the first year from wrong having granted interest @ 9% per annum for the first year from wrong having granted interest @ 9% per annum for the first year from ing over of possession of the land i.e. 07.07.1964 and the date of taking over of possession of the land i.e. 07.07.1964 and ing over of possession of the land i.e. 07.07.1964 and the date of tak @ 15% per annum for the subsequent years till the date of payment @ 15% per annum for the subsequent years till the date of payment @ 15% per annum for the subsequent years till the date of payment @ 15% per annum for the subsequent years till the date of payment SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document RFA-1674 1674-2005 (O&M) & other connected cases 2005 (O&M) & other connected cases [4] under the award. He points out that the interest @ 9% per annum for under the award. He points out that the interest @ 9% per annum for under the award. He points out that the interest @ 9% per annum for under the award. He points out that the interest @ 9% per annum for years till the date of the first year and @ 15% for the subsequent years till the date of the first year and @ 15% for the subsequent the first year and @ 15% for the subsequent was made applicable only by virtue of amendment carried payment was made applicable only by virtue of amendment carried was made applicable only by virtue of amendment carried payment out in terms of Act No.68 of 1984; which was made effective from out in terms of Act No.68 of 1984; which was made effective from out in terms of Act No.68 of 1984; which was made effective from out in terms of Act No.68 of 1984; which was made effective from prior thereto, on account of delay in disbursal of 24.09.1984; whereas prior thereto, on account of delay in disbursal of prior thereto, on account of delay in disbursal of 24.09.1984; whereas rest at the compensation, landowners were entitled for award of interest at the compensation, landowners were entitled for award of inte compensation, landowners were entitled for award of inte uniform rate of 6% per annum. He thus submits that the award uniform rate of 6% per annum. He thus submits that the award uniform rate of 6% per annum. He thus submits that the award uniform rate of 6% per annum. He thus submits that the award passed by the learned Reference Court to the aforesaid extent was passed by the learned Reference Court to the aforesaid extent was passed by the learned Reference Court to the aforesaid extent was passed by the learned Reference Court to the aforesaid extent was required to be modified. required to be modified.

7. On the other hand, learned counsel for the landowners/ On the other hand, learned counsel for the landowners/ On the other hand, learned counsel for the landowners/ XOBJRs submits that the learned Reference Court went wrong XOBJRs submits that the learned Reference Court went wrong XOBJRs submits that the learned Reference Court went wrong XOBJRs submits that the learned Reference Court went wrong 25 produced by the having discarded the sale deeds Ex. A-22 to A-25 produced by the having discarded the sale deeds Ex. A having discarded the sale deeds Ex. A were not proved in landowners merely on the ground that those were not proved in landowners merely on the ground that landowners merely on the ground that law. He also points out that the learned Reference accordance with law. He also points out that the learned Reference law. He also points out that the learned Reference accordance with Court committed an illegality while ignoring the sale deeds by Court committed an illegality while ignoring the sale deeds by Court committed an illegality while ignoring the sale deeds by Court committed an illegality while ignoring the sale deeds by recording that the same pertained to small parcels. Learned counsel recording that the same pertained to small parcels. Learned counsel recording that the same pertained to small parcels. Learned counsel recording that the same pertained to small parcels. Learned counsel places reliance upon Section 51-A of the Act and also places reliance upon Section 51 latest A of the Act and also the latest decision rendered by Hon’ble Supreme Court in Horrmal deceased rendered by Hon’ble Supreme Court in Horrmal deceased through his LRs and others Vs. State of Haryana and ors., through his LRs and others Vs. State of Haryana and ors. through his LRs and others Vs. State of Haryana and ors. through his LRs and others Vs. State of Haryana and ors. reported as 2024 (4) RCR (Civil) 758 to submit that even the sale reported as 2024 (4) RCR (Civil) 758 reported as 2024 (4) RCR (Civil) 758 deeds pertaining to smaller parcels of land that are of similar nature deeds pertaining to smaller parcels of land that are of similar nature deeds pertaining to smaller parcels of land that are of similar nature deeds pertaining to smaller parcels of land that are of similar nature t of land under acquisition need to be relied upon after applying as that of land under acquisition need to be relied upon after applying t of land under acquisition need to be relied upon after applying t of land under acquisition need to be relied upon after applying suitable . He thus submits deduction towards smallness of the area. He thus submits deduction towards smallness of the area SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document RFA-1674 1674-2005 (O&M) & other connected cases 2005 (O&M) & other connected cases [5] that the impugned award passed by the learned Reference Court was that the impugned award passed by the learned Reference Court was that the impugned award passed by the learned Reference Court was that the impugned award passed by the learned Reference Court was liable to be modified by granting benefit of enhancement of liable to be modified by granting benefit of enhancement o liable to be modified by granting benefit of enhancement o liable to be modified by granting benefit of enhancement o He further compensation/ market value in favour of the landowners. He further compensation/ market value in favour of the landowners. compensation/ market value in favour of the landowners. submits that the possession of the respondents/landowners had been submits that the possession of the respondents/landowners had been submits that the possession of the respondents/landowners had been submits that the possession of the respondents/landowners had been taken over prior to the issuance of notification under Section 4 of the over prior to the issuance of notification under Section 4 of the prior to the issuance of notification under Section 4 of the es, they were entitled Act by the appellant(s) and in such circumstances, they were entitled Act by the appellant(s) and in such circumstanc Act by the appellant(s) and in such circumstanc possession till the date of to interest from the date of taking of possession till the date of to interest from the date of taking to interest from the date of taking of the Act. Therefore, the learned payment under Section 34 of the Act. Therefore, the learned of the Act. Therefore, the learned payment under Section Reference Court rightly awarded the interest in favour of the Reference Court rightly awarded the interest in favour of the Reference Court rightly awarded the interest in favour of the Reference Court rightly awarded the interest in favour of the interference was called for in respondents/landowners and thus, no interference was called for in respondents/landowners and thus, no respondents/landowners and thus, no the decision of the learned Reference Court to this extent. the decision of the learned Reference Court to this extent. the decision of the learned Reference Court to this extent.

8. 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 QUESTION OF RATE OF INTEREST QUESTION OF RATE OF INTEREST QUESTION OF RATE OF INTEREST

9. Admittedly, the possession of the subject land was taken Admittedly, the possession of the subject land was over by the appellant State from the landowners on 07.07.1964 for its over by the appellant State from the landowners on 07.07.1964 for its over by the appellant State from the landowners on 07.07.1964 for its over by the appellant State from the landowners on 07.07.1964 for its for construction of Chand Bhan Drain from R.D. 12050 to utilization for construction of Chand Bhan Drain from R.D. 12050 to for construction of Chand Bhan Drain from R.D. 12050 to utilization However, the acquisition proceedings 12710 and 13660 to 15360. However, the acquisition proceedings However, the acquisition proceedings 12710 and 13660 to 15360 sued under Sections commenced vide notification dated 16.09.1999 issued under Sections commenced vide notification dated 16.09.1999 is commenced vide notification dated 16.09.1999 is 4 and 6 of the Act followed by the award dated 07.09.2001 passed by 4 and 6 of the Act followed by the award dated 07.09.2001 passed by 4 and 6 of the Act followed by the award dated 07.09.2001 passed by 4 and 6 of the Act followed by the award dated 07.09.2001 passed by the LAC, thereby awarding market value @ Rs.2.50 lakhs per acre. the LAC, thereby awarding market value @ Rs.2.50 lakhs per acre. the LAC, thereby awarding market value @ Rs.2.50 lakhs per acre. the LAC, thereby awarding market value @ Rs.2.50 lakhs per acre. he acquisition proceedings were carried out by the Admittedly, the acquisition proceedings were carried out by the he acquisition proceedings were carried out by the Admittedly, t appellants in view of the directions is appellants CWP in view of the directions issued by this Court in CWP SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document RFA-1674 1674-2005 (O&M) & other connected cases 2005 (O&M) & other connected cases [6] No.7472- 1996 by one of the landowners, namely, Budh Singh. So as -1996 by one of the landowners, namely, Budh Singh. So as 1996 by one of the landowners, namely, Budh Singh. So as to deal with the submission raised on behalf of the appellant as to deal with the submission raised on behalf of the appellant as to deal with the submission raised on behalf of the appellant as to deal with the submission raised on behalf of the appellant as regards rate of interest, it may be relevant to take comparative notice regards rate of interest, it may be relevant to take comparative notice regards rate of interest, it may be relevant to take comparative notice regards rate of interest, it may be relevant to take comparative notice ct and that of the Amendment Act No. 68 of Sections 34 of the 1894 Act and that of the Amendment Act No. 68 ct and that of the Amendment Act No. 68 of Sections 34 of the 1894 A - of 1994:- Section 34 of the Act of 1894 Act Section 34 of the Act amended) (un-amended) 34 of Amended Act No.68 Section 34 of Amended Act No.68 Section of 1984 of 1984

34. Payment of interest 34. Payment of interest

34. Payment of interest 34. Payment of interest When When amount amount When When When amount amount amount compensation compensation is not paid or is not paid or nsation compensation is not paid or is not paid or deposited on or before deposited on or before taking taking deposited on or before deposited on or before deposited on or before taking taking taking possession of the land, the Collector possession possession of the land, the Collector possession of the land, the Collector possession of the land, the Collector shall pay the amount awarded with shall pay the amount awarded with shall pay the amount awarded with shall pay the amount awarded with shall pay the amount awarded with interest thereon at the rate of six per interest thereon at the rate of six per interest thereon at the rate of nine interest thereon at the rate of nine interest thereon at the rate of nine centum per annum from the time of centum per annum from the time of per annum from the time per centum per annum from the time per centum so taking possession until it shall so taking possession until it shall of so taking possession until it shall of so taking possession until it shall of so taking possession until it shall have been so paid or deposited. have been so paid or deposited. have been so paid or deposited: have been so paid or Provided that if such compensation Provided that if such compensation Provided that if such compensation or any part thereof is not paid or or any part thereof is not paid or or any part thereof is not paid or deposited within a period of one deposited within a period of one deposited within a period of one the date on which the date on which the date on which possession is taken, interest at the possession is taken, interest at the possession is taken, interest at the rate of fifteen per centum per annum rate of fifteen per centum per annum rate of fifteen per centum per annum shall be payable from the date of shall be payable from the date of shall be payable from the date of y of the said period of one year expiry of the said period of one year on the amount of compensation or on the amount of compensation or on the amount of compensation or part thereof which has not been paid part thereof which has not been paid part thereof which has not been paid or deposited before the date of such or deposited before the date of such or deposited before the date of such expiry.” expiry.” SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document RFA-1674 1674-2005 (O&M) & other connected cases 2005 (O&M) & other connected cases [7] A perusal of the aforesaid shows that the interest payable A perusal of the aforesaid shows that the interest payable A perusal of the aforesaid shows that the interest payable landowners on account of delayed disbursal of compensation to the landowners on account of delayed disbursal of compensation landowners on account of delayed disbursal of compensation landowners on account of delayed disbursal of compensation was at the uniform rate of 6% per under the unamended 1894 Act was at the uniform rate of 6% per was at the uniform rate of 6% per under the unamended 1894 Act annum which by carrying out amendment through Act No. 68 of 1984; annum which by carrying out amendment through Act No. 68 of 1984 annum which by carrying out amendment through Act No. 68 of 1984 annum which by carrying out amendment through Act No. 68 of 1984 made effective from 24.09.1984 was increased to 9% per annum for made effective from 24.09.1984 was increased to 9% per annum for made effective from 24.09.1984 was increased to 9% per annum for made effective from 24.09.1984 was increased to 9% per annum for eriod of one year from the date on which possession was taken a period of one year from the date on which possession was taken eriod of one year from the date on which possession was taken eriod of one year from the date on which possession was taken and thereafter @ 15% per annum till the payment was made. and thereafter @ 15% per annum till the payment was made. and thereafter @ 15% per annum till the payment was made.

10. Thus, the learned Reference Court having awarded Thus, the learned Reference Court having awarded Thus, the learned Reference Court having awarded interest payable to the landowners from the date of taking over of interest payable to the landowners from the date of taking over of interest payable to the landowners from the date of taking over of interest payable to the landowners from the date of taking over of possession from them by the appellant possession fro State on 07.07.1964 till the m them by the appellant –State on 07.07.1964 till the date of payment of compensation under the award, drawing analogy date of payment of compensation under the award, drawing analogy date of payment of compensation under the award, drawing analogy date of payment of compensation under the award, drawing analogy and inference from Section 34 of the Act, as interest was required to and inference from Section 34 of the Act, as interest was required to and inference from Section 34 of the Act, as interest was required to and inference from Section 34 of the Act, as interest was required to take note of the fact that the interest payable in terms of the original take note of the fact that the interest payable in terms of the ori take note of the fact that the interest payable in terms of the ori amended Section 34 was 6% which came to be increased to 9% un-amended Section 34 was 6% which came to be increased to 9% amended Section 34 was 6% which came to be increased to 9% amended Section 34 was 6% which came to be increased to 9% for the first year w.e.f. 24.09.1984 and thereafter 15% for the for the first year w.e.f. 24.09.1984 and thereafter 15% for the for the first year w.e.f. 24.09.1984 and thereafter 15% for the for the first year w.e.f. 24.09.1984 and thereafter 15% for the subsequent period subsequent period subsequent period subsequent period i.e. i.e. i.e. i.e. the date of payment. the date of payment. the date of payment. the date of payment. In such In such In such In such circumstances, Award passed by the learned Reference Court needs circumstances, Award passed by the learned Reference Court circumstances, Award passed by the learned Reference Court modified to the extent that the respondent/ landowners shall be to be modified to the extent that the respondent/ landowners shall be modified to the extent that the respondent/ landowners shall be modified to the extent that the respondent/ landowners shall be entitled entitled entitled entitled for damages for damages for damages for damages form of form of form of form of interest @ 6% of interest @ 6% of interest @ 6% of interest @ 6% of and for the compensation amount w.e.f. 07.07.1964 till 23.09.1984 and for the compensation amount w.e.f. 07.07.1964 till 23.09.1984 compensation amount w.e.f. 07.07.1964 till 23.09.1984 it shall be in terms of amendment Act No.68 of subsequent period it shall be in terms of amendment Act No.68 of it shall be in terms of amendment Act No.68 of subsequent period 1984 i.e. @ 9% for the first year i.e. upto 23.09.1985 and thereafter 1984 i.e. @ 9% for the first year i.e. upto 23.09.1985 and thereafter 1984 i.e. @ 9% for the first year i.e. upto 23.09.1985 and thereafter 1984 i.e. @ 9% for the first year i.e. upto 23.09.1985 and thereafter SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document RFA-1674 1674-2005 (O&M) & other connected cases 2005 (O&M) & other connected cases [8] The @ 15% till the actual disbursement of payment under the Award. The @ 15% till the actual disbursement of payment under the Award. @ 15% till the actual disbursement of payment under the Award. same is ordered accordingly. same is o QUESTION OF QUANTUM OF MARKET VALUE QUESTION OF QUANTUM OF MARKET VALUE QUESTION OF QUANTUM OF MARKET VALUE

11. f market For the purpose of adjudication on the quantum of market For the purpose of adjudication on the quantum o value, it may be relevant to take notice of the sale instances value, it may be relevant to take notice of the sale instance value, it may be relevant to take notice of the sale instance value, it may be relevant to take notice of the sale instance produced by the appellant(s) as well as the respondents, the details produced by the appellant(s) as well as the respondents, the details produced by the appellant(s) as well as the respondents, the details produced by the appellant(s) as well as the respondents, the details in the tabulated form are reproduced hereunder:- in the tabulated form are reproduced hereunder: in the tabulated form are reproduced hereunder: XOBJRS-LANDOWNERS: XOBJRS Exhibit Date Execution Area Consideration Sale Consideration Village Village Ex.A-22

08.06.2001 16K 50,000/- 50,000/ 6,25,000/- per acre Ex.A-23

09.05.1995 02 K 1,19,000/- 7,60,000/- 1,19,000/ per acre Ex.A-24

30.04.1994 11 K 56,000/- 56,000/ 7,80,000/- Ex.A-25

19.12.1995 01 K 70,000/- 70,000/ per acre 5,60,000/- per acre Patti Saido Jaito Patti Saido Jaito Patti Saido Jaito Patti Saido Jaito APPELLANT-STATE APPELLANT Exhibit Date Execution Area Sale Consideration Sale Consideration Village Village Ex.R-5

06.08.1999 06K 1,16,500/- 1,55,330/- 1,16,500/ per acre SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document RFA-1674 1674-2005 (O&M) & other connected cases 2005 (O&M) & other connected cases [9] Ex.R-6

16.07.1999 02K 37,500/- 37,500/ 1,50,000/- per acre Ex.A-7

03.06.1999 02K-18M 55,000/ 55,000/- 1,51,725/- per acre Ex.A-8

06.07.1999 24K- 7M 4,57,000/ 4,57,000/- 1,53,290/- per acre shows that the market value per A perusal of the above shows that the market value per shows that the market value per State acre in terms of the sale instances produced by the appellant(s)-State acre in terms of the sale instances produced by the appellant(s) acre in terms of the sale instances produced by the appellant(s) in the form of sale deeds Ex.R form of sale deeds Ex.R-5 to R 8 ranges between Rs.1.50 5 to R-8 ranges between Rs.1.50 lakhs to Rs.1.55 lakhs per acre which is even less than the rate fixed lakhs to Rs.1.55 lakhs per acre which is even less than the rate fixed lakhs to Rs.1.55 lakhs per acre which is even less than the rate fixed lakhs to Rs.1.55 lakhs per acre which is even less than the rate fixed the Price Fixation Committee headed by the Price Fixation Committee headed by the Price Fixation Committee headed by the Price Fixation Committee headed by the Deputy the Deputy the Deputy the Deputy Commissioner, Faridkot, thus, such sale deeds cannot be treated to Commissioner, Faridkot, thus, such sale deeds cannot be treated to Commissioner, Faridkot, thus, such sale deeds cannot be treated to Commissioner, Faridkot, thus, such sale deeds cannot be treated to be bona f and genuine sale transactions for the purpose of bona fide and genuine sale transactions for the purpose of and genuine sale transactions for the purpose of therefore, assessment of market value of the acquired land and therefore, assessment of market value of the acquired land assessment of market value of the acquired land cannot be relied upon. cannot be relied upon.

12. Further, the respondents/ landowners produced certified Further, the respondents/ landowners produced certified Further, the respondents/ landowners produced certified and therefore copies of the sale instances Exs.A22 to A25 on record and therefore copies of the sale instances Exs.A22 to A25 on record copies of the sale instances Exs.A22 to A25 on record in terms of Section 51A of the Act such sale instances were required in terms of Section 51A of the Act such sale instances were required in terms of Section 51A of the Act such sale instances were required in terms of Section 51A of the Act such sale instances were required to be taken into account as valid piece of evidence for the purpose of to be taken into account as valid piece of evidence for the purpose of to be taken into account as valid piece of evidence for the purpose of to be taken into account as valid piece of evidence for the purpose of determination of market value. The said sale instances were wrongly determination of market value. The said sale instances were wrongly determination of market value. The said sale instances were wrongly determination of market value. The said sale instances were wrongly discarded by the learned Reference Court especially when those discarded by the learned Reference discarded by the learned Reference part of the same revenue estate of Village Jaito of which the formed part of the same revenue estate of Village Jaito of which the part of the same revenue estate of Village Jaito of which the part of the same revenue estate of Village Jaito of which the It is also pertinent to note here that in acquired land belonged to. It is also pertinent to note here that in It is also pertinent to note here that in acquired land belonged to. terms of the law laid down by the Hon’ble Apex Court in Horrmal’s terms of the law laid down by the Hon’ble Apex Court in terms of the law laid down by the Hon’ble Apex Court in Horrmal’s SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document RFA-1674 1674-2005 (O&M) & other connected cases 2005 (O&M) & other connected cases [10] case (supra), the sale instances produced by the case (supra), the sale respondents/ instances produced by the respondents/ landowners i.e. sale deeds Exs.A-22 to A landowners i.e. sale deeds Exs.A to land 22 to A-25 pertained to land parcels ranging from 1K to 16K was to parcels ranging from 1K to 16K be taken into consideration for was to be taken into consideration for the purposes of determination of market value by applying the purposes of determination of market value by applying the purposes of determination of market value by applying the purposes of determination of market value by applying appropriate cut towards smallness of land appropriate cut towards sma to the land llness of land in comparison to the land under acquisition. Moreover, appellant(s) failed to produce on record under acquisition. Moreover, appellant(s) failed to produce on record under acquisition. Moreover, appellant(s) failed to produce on record under acquisition. Moreover, appellant(s) failed to produce on record the genuineness any material evidence so as to question or doubt the genuineness any material evidence so as to question any material evidence so as to question and bona bona fide of the sale deeds Ex.A said sale of the sale deeds Ex.A-22 to A-25 and thus, said sale safely relied upon for the purpose of determination deeds need to be safely relied upon for the purpose of determination safely relied upon for the purpose of determination deeds need to be of the market value of the acquired land. of the market value of the acquired land. of the market value of the acquired land.

13. A perusal of the aforementioned sale deeds produced by A perusal of the aforementioned sale deeds produced by A perusal of the aforementioned sale deeds produced by the respondents/ landowners show that the sale instance Ex.A24 the respondents/ landowners show that the sale instance Ex.A24 the respondents/ landowners show that the sale instance Ex.A24 the respondents/ landowners show that the sale instance Ex.A24 1997 relates to 11 Kanals of dated 30.04.1997 relates to 11 Kanals of 1997 relates to 11 Kanals of dated 30.04. land against sale land against sale land against sale ith base price per acre @ consideration of Rs.56,000/- with base price per acre @ ith base price per acre @ consideration of Rs.56,000/ Rs.7,80,000/ 7,80,000/-. The remaining sale instances i. . The remaining sale instances i.e. Ex.A-22, Ex.A- -23 lower sale consideration, as against and Ex.A-25, however, fetched lower sale consideration, as against lower sale consideration, as against and Ex.A the sale price of 24 dated 30.04.1997. Therefore, sale price of sale instance Ex.A-24 dated 30.04.1997. Therefore, 24 dated 30.04.1997. Therefore, 24 fetching the highest sale price needs to be sale instance Ex.A-24 fetching the highest sale price needs to be 24 fetching the highest sale price needs to be sale instance Ex.A relied upon for determination of compensation in wake of the well- relied upon for determination of compensation in wake of the well relied upon for determination of compensation in wake of the well relied upon for determination of compensation in wake of the well case (supra). In settled principles of law laid down by Horrmal’s case (supra). In settled principles of law laid down by settled principles of law laid down by addition, the respondent landowners need to be awarded an the respondent landowners need to be awarded an the respondent landowners need to be awarded an appreciation @ 12% per annum (simple) for the time gap between appreciation @ 12% per annum (simple) for the time gap between appreciation @ 12% per annum (simple) for the time gap between appreciation @ 12% per annum (simple) for the time gap between the date of 24 i.e. 30.04.1997 till the date of date of sale instance Ex.A24 i.e. 30.04.1997 till the date of 24 i.e. 30.04.1997 till the date of SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document RFA-1674 1674-2005 (O&M) & other connected cases 2005 (O&M) & other connected cases [11] notification under Section 4 of the Act in the case in hand i.e. upto notification under Section 4 of the Act in the case in hand i.e. notification under Section 4 of the Act in the case in hand i.e.

99. However, taking into account the fact that the acquisition 16.09.1999. However, taking into account the fact that the acquisition 99. However, taking into account the fact that the acquisition 16.09.19 in the present case relates to 81 K 3M of land; whereas the sale in the present case relates to 81 K 3M of land; whereas the sale in the present case relates to 81 K 3M of land; whereas the sale in the present case relates to 81 K 3M of land; whereas the sale exemplar Ex.A24 dated 30.04.1997 pertains to 11 kanals of land, as exemplar Ex.A24 dated 30.04.1997 pertains to 11 kanals of land, as exemplar Ex.A24 dated 30.04.1997 pertains to 11 kanals of land, as exemplar Ex.A24 dated 30.04.1997 pertains to 11 kanals of land, as such, it would be appropriate to apply a cut of 50% towards such, it would be appropriate to apply a cut of 50% towards such, it would be appropriate to apply a cut of 50% towards such, it would be appropriate to apply a cut of 50% towards Moreover, in the mallness of area involved in the sale exemplar. Moreover, in the mallness of area involved in the sale exemplar. smallness of area involved in the sale exemplar. 24 relates to Village Patti present case, though the sale deed Ex.A24 relates to Village Patti present case, though the sale deed Ex. present case, though the sale deed Ex. Saido Jaito yet no evidence to show the Saido Jaito yet comparative geographical no evidence to show the comparative geographical location of the land forming part of Ex. location of the d land has land forming part of Ex.A24 and the acquired land has been brought on record by the respondents-landowners, as such, been brought on record by the respondents been brought on record by the respondents as such, an additional cut of 10% needs to be applied so as to take an equitable additional cut of 10% needs to be applied so as to take an equitable additional cut of 10% needs to be applied so as to take an equitable additional cut of 10% needs to be applied so as to take an equitable view.

14. Accordingly, in the wake of discussion made hereinabove, Accordingly, in the wake of discussion made hereinabove, Accordingly, in the wake of discussion made hereinabove, derived from the sale while placing reliance upon the base price derived from the sale while placing reliance upon the base price while placing reliance upon the base price , the market value of the land exemplar Ex.A24 dated 30.04.1997, the market value of the land , the market value of the land exemplar Ex. under acquisition as on the date of notification under Section 4 of the under acquisition as on the date of notification under Section 4 of the under acquisition as on the date of notification under Section 4 of the under acquisition as on the date of notification under Section 4 of the Act in the case in hand comes to Rs. Rs. 10,10,100/ Act in the case in hand comes to Rs. Rs. 10,10,100/- per acre. Calculation: Calculation: Rs. 7,80,000/- + 12% (simple appreciation) Rs. 7,80,000/ 50% (smallness of land simple appreciation) - 50% (smallness of land cut) + 10% (additional cut) = Rs. 10,10,100/- per acre. cut) + 10% (additional cut) = Rs. 10,10,100/ cut) + 10% (additional cut) = Rs. 10,10,100/ Thus, the respondents/landowners are awarded compensation to the Thus, the respondents/landowners are awarded compensation to the Thus, the respondents/landowners are awarded compensation to the Thus, the respondents/landowners are awarded compensation to the tune of Rs. 10,10,100/- per acre besides tune of Rs. 10,10,100/ damages in the form of besides damages in the form of SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document RFA-1674 1674-2005 (O&M) & other connected cases 2005 (O&M) & other connected cases [12] ensation amount w.e.f. 07.07.1964 till interest @ 6% of the compensation amount w.e.f. 07.07.1964 till ensation amount w.e.f. 07.07.1964 till interest @ 6% of the comp thereafter it shall be in terms of amendment Act 23.09.1984 and thereafter it shall be in terms of amendment Act thereafter it shall be in terms of amendment Act 23.09.1984 No.68 of 1984 i.e. @ 9% for the first year i.e. upto 23.09.1985 and No.68 of 1984 i.e. @ 9% for the first year i.e. upto 23.09.1985 and No.68 of 1984 i.e. @ 9% for the first year i.e. upto 23.09.1985 and No.68 of 1984 i.e. @ 9% for the first year i.e. upto 23.09.1985 and @ 15% till the actual disbursement of payment under the beyond that @ 15% till the actual disbursement of payment under the @ 15% till the actual disbursement of payment under the beyond that Award along with along with all statutory benefits and interest including interest all statutory benefits and interest, including interest on solatium. on solatium.

15. Further, wherever, Further, wherever, Further, wherever, landowner(s) landowner(s) landowner(s) has/have has/have has/have objection(s) after filing unfortunately expired in the appeal(s)/ cross-objection(s) after filing unfortunately expired in the appeal(s)/ cross unfortunately expired in the appeal(s)/ cross be at thereof and the legal heirs have not been impleaded, they shall be at thereof and the legal heirs have not been impleaded, they shall thereof and the legal heirs have not been impleaded, they shall liberty to seek execution of the present decision by moving liberty to seek execution of the present decision by moving liberty to seek execution of the present decision by moving liberty to seek execution of the present decision by moving appropriate application(s) before the learned Executing Court. appropriate application(s) before the learned Executing Court. appropriate application(s) before the learned Executing Court.

16. Accordingly, the appeals filed by the appellant State are Accordingly, the appeals filed by the appellant State are Accordingly, the appeals filed by the appellant State are interest partly allowed by modifying the award to the extent of grant of interest partly allowed by modifying the award to the extent of grant of partly allowed by modifying the award to the extent of grant of XOBJRs filed at from 9 % per annum to 6% per annum; whereas the XOBJRs filed at from 9 % per annum to 6% per annum from 9 % per annum to 6% per annum the instance of respondents/ landowners are partly allowed. the instance of respondents/ landowners are partly allowed the instance of respondents/ landowners are partly allowed

17. 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. .01.2026 15.01.2026 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No Sr. No. Sr. No. 1. 1. 2. 2. 3. 3. Case No. RFA-1675-2005 (O&M) 2005 (O&M) 2005 (O&M) RFA-1676-2005 (O&M) 2005 (O&M) RFA-1677-2005 (O&M) SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document RFA-1674 1674-2005 (O&M) & other connected cases 2005 (O&M) & other connected cases [13]

4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. 11. 11. 12. 12. 13. 13. 14. 14. 15. 15. 16. 16. 17. 17. 18. 18. 19. 19. 20. 20. 2005 XOBJR-65-CI-2005 2005 (O&M) RFA-1678-2005 (O&M) 2005 XOBJR-64-CI-2005 2005 (O&M) RFA-1679-2005 (O&M) 2005 (O&M) XOBJR-93-CI-2005 (O&M) 2005 (O&M) RFA-1680-2005 (O&M) 2005 (O&M) XOBJR-71-CI-2005 (O&M) 2005 (O&M) RFA-1681-2005 (O&M) 2005 (O&M) XOBJR-66-CI-2005 (O&M) 2005 (O&M) RFA-1682-2005 (O&M) 2005 (O&M) XOBJR-70-CI-2005 (O&M) 2005 (O&M) RFA-1683-2005 (O&M) 2005 (O&M) XOBJR-67-CI-2005 (O&M) 2005 (O&M) RFA-1684-2005 (O&M) 2005 (O&M) XOBJR-68-CI-2005 (O&M) 2005 (O&M) RFA-1691-2005 (O&M) 2005 (O&M) RFA-2308-2005 (O&M) .01.2026 15.01.2026 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE SANJAY GUPTA 2026.01.23 17:30 I attest to the accuracy and integrity of this document