Rfa No. 1807 of 2007 · Punjab And Haryana At Chandigarh High Court · 2026

First Vide this common order, a bunch of 10 Regular First Vide this common order, a which are given in the footnote of this judgment, Appeals, details of which are given in the footnote of this judgment, which are given in the footnote of this judgment, Appeals, details of 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 identical facts and question of law. For acquisition/Award involving identical facts and question of law. For acquisition/Award involving identical facts and question of law. For acquisition/Award involving identical facts and question of law. For SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 807-2007 (O&M) and other connected cases M) and other connected cases [2] the sake of brevity, facts are being taken from RFA No.1807-2007. the sake of brevity, facts are being taken from the sake of brevity, facts are being taken from 2007.

2. way of present appeal(s), challenge has been laid to By way of present appeal(s), challenge has been laid to way of present appeal(s), challenge has been laid to the Award dated 17.11.2006 passed by the learned Addl. District the Award dated 17.11.2006 passed by the learned Addl. District the Award dated 17.11.2006 passed by the learned Addl. District the Award dated 17.11.2006 passed by the learned Addl. District Judge, Sirsa (hereinafter to be referred as the ‘Reference Court Judge, Sirsa (hereinafter to be referred as the ‘ Judge, Sirsa (hereinafter to be referred as the ‘ Reference Court’) whereby, whereby, whereby, whereby, reference petition(s) preferred at reference petition(s) preferred at reference petition(s) preferred at reference petition(s) preferred at instance of instance of instance of instance of landowner(s) invoking Section 18 of the Land Acquisition Act, 1894 landowner(s) invoking Section 18 of the Land Acquisition Act, 1894 landowner(s) invoking Section 18 of the Land Acquisition Act, 1894 landowner(s) invoking Section 18 of the Land Acquisition Act, 1894 (for brevity, “1894 Act”), were dismissed (for brevity, dismissed.

3. Briefly stating, in the present case(s), land measuring Briefly stating, in the present case(s), land measuring Briefly stating, in the present case(s), land measuring in the revenue estate of Village Kariwala, 5.89 acres situated within the revenue estate of Village Kariwala, in the revenue estate of Village Kariwala, 5.89 acres situated with Tehsil and District Sirsa was acquired vide Notifications dated Tehsil and District Sirsa was acquired vide Notifications dated Tehsil and District Sirsa was acquired vide Notifications dated Tehsil and District Sirsa was acquired vide Notifications dated

03.04.2002 and 21.05.2002 issued under Sections 4 & 6 of the Land 03.04.2002 and 21.05.2002 issued under Sections 4 & 6 of the Land 03.04.2002 and 21.05.2002 issued under Sections 4 & 6 of the Land 03.04.2002 and 21.05.2002 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short the ‘1894 Act’) respectively for the Acquisition Act, 1894 (for short the ‘1894 Act’) respectively for the Acquisition Act, 1894 (for short the ‘1894 Act’) respectively for the Acquisition Act, 1894 (for short the ‘1894 Act’) respectively for the for construction of augmentation Ghaggar public purpose, namely, “for construction of augmentation Ghaggar for construction of augmentation Ghaggar public purpos . Award under Section 11 Bandh (Budhania Ther) of Village Kariwala”. Award under Section 11 Bandh (Budhania Ther) of Village Kariwala” Bandh (Budhania Ther) of Village Kariwala” of the 1894 Act was passed by the Land Acquisition Collector (for of the 1894 Act was passed by the Land Acquisition Collector (for of the 1894 Act was passed by the Land Acquisition Collector (for of the 1894 Act was passed by the Land Acquisition Collector (for short ‘the LAC’ the LAC’) on 29.07.2002, besides statutory besides granting all other statutory enefits and benefits and enefits and interests provided under interests provided under interests provided under the 1894 Act, the 1894 Act the 1894 Act thereby thereby assessing the market value in the following manner: assessing the market value in the following manner:- Sr. No. Type of Land Market Value (in Rs. per acre) Market Value (in Rs. per acre) Market Value (in Rs. per acre)

3. Nehri Sailab Rs.2,25,000/- per acre Rs.2,25,000/ Rs.1,25,000/- per acre Rs.1,25,000/ Gair Mumkin Rs.3,00,000/- per acre Rs.3,00,000/ 4 Dissatisfied with Dissatisfied with Dissatisfied with the Award passed by the Award passed by the Award passed by the LAC, the LAC, the LAC, invoked Reference under Section 18 of the appellants-landowners invoked Reference under Section 18 of the invoked Reference under Section 18 of the appellants SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 807-2007 (O&M) and other connected cases M) and other connected cases [3] which came to be dismissed by the learned Reference 1894 Act which came to be dismissed by the learned Reference which came to be dismissed by the learned Reference 1894 Act upholding the award Court vide its decision dated 17.11.2006, while upholding the award Court vide its decision dated 17.11.2006, while Court vide its decision dated 17.11.2006, while passed by the LAC. passed by the LAC

5. Aggrieved thereof, the landowner preferred the present the landowners preferred the present appeals, details whereof are mentioned in the footnote of the appeals, details whereof are mentioned in the footnote of the appeals, details whereof are mentioned in the footnote of the appeals, details whereof are mentioned in the footnote of the judgment. judgment. CONTENTION(S): CONTENTION(S): ON BEHALF OF THE APPELLANTS-LANDOWNERS:- ON BEHALF OF THE APPELLANTS ON BEHALF OF THE APPELLANTS

6. Impugning the aforementioned Award, learned counsel Impugning the aforementioned Award, learned counsel Impugning the aforementioned Award, learned counsel for the appellants/ landowners submits that the entire acquired land for the appellants/ landowners submits that the entire acquired land for the appellants/ landowners submits that the entire acquired land for the appellants/ landowners submits that the entire acquired land was located just abutting a tract of land being used as abadi was located just abutting a tract of land being used as was located just abutting a tract of land being used as certain village inhabitants and thus, certain village inhabitants and thus possessed inherent residential possessed inherent residential potential. Learned counsel . Learned counsel contends that in such circumstances, the contends that in such circumstances, the valuation of the entire acquired land ought to have been determined valuation of the entire acquired land ought to have been determined valuation of the entire acquired land ought to have been determined valuation of the entire acquired land ought to have been determined by treating it as being of a ‘gair mumkin by treating it as being of a ‘ he thus, prays gair mumkin’ nature and she thus, prays to be reassessed and enhanced in that the market value needs to be reassessed and enhanced in to be reassessed and enhanced in that the market value needs landowners based on the aforementioned favour of the appellants/landowners based on the aforementioned landowners based on the aforementioned favour of the appellants evidence and the award passed by the learned Reference Court is evidence and the award passed by the learned Reference Court evidence and the award passed by the learned Reference Court evidence and the award passed by the learned Reference Court liable to be modified. liable to be modified. ON BEHALF OF THE RESPONDENT(S)-STATE:- ON BEHALF OF THE RESPONDENT(S) ON BEHALF OF THE RESPONDENT(S)

6. , Per contra, appearing learned counsel appearing learned counsel respondent(s)-State has placed on record a site plan/ respondent naksha has placed on record a site plan/naksha prepared by SDO, Water Services sub Division, Ellenabad and prepared by SDO, Water Services sub Division, Ellenabad prepared by SDO, Water Services sub Division, Ellenabad Executive Engineer, Ghaggar Water Services Division, Sirsa to Executive Engineer, Ghaggar Water Services Division, Sirsa to Executive Engineer, Ghaggar Water Services Division, Sirsa to Executive Engineer, Ghaggar Water Services Division, Sirsa to SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 807-2007 (O&M) and other connected cases M) and other connected cases [4] submit that the acquired land though adjoining a limited submit that the acquired land residential though adjoining a limited residential at a considerable cluster inhabited by certain villagers, was located at a considerable cluster inhabited by certain villagers, cluster inhabited by certain villagers, distance from abadi deh of village Kariwala and as such the entire of village Kariwala and as such, the entire for the purpose of acquired land was not to be treated as gair mumkin for the purpose of acquired land was not to be treated as acquired land was not to be treated as absence of assessment of market value. He thus submits that in the absence of assessment of market value. He thus assessment of market value. He thus positive evidence brought on record by any positive evidence brought on record by positive evidence brought on record by positive evidence brought on record by the appellants/ the appellants/ the appellants/ the appellants/ landowners to establish that the acquired land was being used for landowners to establish that the acquired land was being used for landowners to establish that the acquired land was being used for landowners to establish that the acquired land was being used for residential purposes or any constructions residential purposes or constructions in the form of houses were passed by the LAC vide which the existing thereupon, the award passed by the LAC vide which the passed by the LAC vide which the existing thereupon market value was assessed while taking into account the nature of market value was assessed while taking into account the nature of market value was assessed while taking into account the nature of market value was assessed while taking into account the nature of land as reflected in the revenue record called for no interference and land as reflected in the revenue record called for no interference and land as reflected in the revenue record called for no interference and land as reflected in the revenue record called for no interference and the present appeals were thus liable to be dismissed. the present appeals were thus liable to be dismissed. the present appeals were thus liable to be dismissed. DISCUSSION AND REASONING: - DISCUSSION AND REASONING

7. 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 as well as records of the case. through the paper I find book as well as records of the case. I find substance in the submissions made on behalf of the appellants. substance in the submissions made on behalf of the appellants. substance in the submissions made on behalf of the appellants.

8. in Court The site plan produced by learned State counsel in Court The site plan produced by learned State as the same is going to help the today is taken on record as Mark ‘X’ as the same is going to help the as the same is going to help the today is taken on record as A perusal of the same clearly Court to arrive at just conclusion. A perusal of the same clearly A perusal of the same clearly Court to arrive at just conclusion. reflects that the acquired land in fact, reflects that the acquired land in abuts and adjoins parcel of land abuts and adjoins parcel of land being used for residential purpose being used for residen No doubt, it was not tial purpose (abadi). No doubt, it was not established that the said parcel of land was ever reserved as abadi established that the said parcel of land was ever reserved as established that the said parcel of land was ever reserved as at the time of consolidation in Village Kariwala, however, it is not deh at the time of consolidation in Village Kariwala, however, it is not at the time of consolidation in Village Kariwala, however, it is not at the time of consolidation in Village Kariwala, however, it is not SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 807-2007 (O&M) and other connected cases M) and other connected cases [5] in dispute that the land parcel abutting and adjoining the acquired in dispute that the land parcel abutting and adjoining the acquired in dispute that the land parcel abutting and adjoining the acquired in dispute that the land parcel abutting and adjoining the acquired land is being used is being used for residential purposes. Moreover, from the perusal of the award dated 29.07.2002 perusal of the award passed by the LAC, it can be dated 29.07.2002 passed by the LAC, it can be dhanies discerned that constructions in the form of tubewells and dhanies discerned that constructions in the form of tubewells and discerned that constructions in the form of tubewells and (residential houses) were existing over the subject land at the time of (residential houses) were existing over the subject land at the time of (residential houses) were existing over the subject land at the time of (residential houses) were existing over the subject land at the time of its acquisition cquisition and for this reason only epartment was called only the department was called upon to make assessment of value of such tubewells and dhanies upon to make assessment of value of such tubewells and upon to make assessment of value of such tubewells and dhanies. , it was evident that the acquired land being located in close Therefore, it was evident that the acquired land being located in close , it was evident that the acquired land being located in close Therefore (residential houses) carried potential proximity and abutting dhanies (residential houses) carried potential (residential houses) carried potential proximity and abutting for being used towards residential purpose. In such circumstances, it for being used towards residential purpose. In such circumstances, it for being used towards residential purpose. In such circumstances, it for being used towards residential purpose. In such circumstances, it would be just and fair to award would be just and fair to award uniform value of similar and uniform value of Rs.3,00,000/ ,00,000/- per acre for Chahi and land in favour of and gair mumkin land in favour of landowners. landowners.

9. Furthermore, for the acquired land of ‘ thermore, for the acquired land of ‘sailab’ nature ’ nature, a perusal of the record shows that in the perusal of the record shows that produced on in the jamabandies produced on the nature of land in some of such record by the landowners, the nature of land in some of such the nature of land in some of such record by the landowners ’, however, in the column of crop, it ’, however, in the column of crop, jamabandies is reflected as ‘sailab’, however, in the column of crop, jamabandies was recorded that atleast one crop a year was being cultivated over was recorded that atleast one crop a year was being cultivated over was recorded that atleast one crop a year was being cultivated over was recorded that atleast one crop a year was being cultivated over the same, thereby reflecting its productivity and potential. Once the same, it is reflecting its productivity and potential. Once, it is it would be evident that the land was being put to agricultural use, it would be evident that the land was being put to agricultural use, evident that the land was being put to agricultural use, equitable to reassess the market value @ Rs.2,00,000/- per acre equitable to reassess the market value equitable to reassess the market value per acre in favour of landowners with respect to ‘sa favour of landowners with respect to ‘ sailab’ nature of land.

10. Accordingly, the market value of the acquired land in Accordingly, the market value of the acquired land in Accordingly, the market value of the acquired land in SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 807-2007 (O&M) and other connected cases M) and other connected cases [6] case(s) in hand as on the date of notification under Section 4 of the case(s) in hand as on the date of notification under Section 4 of the case(s) in hand as on the date of notification under Section 4 of the case(s) in hand as on the date of notification under Section 4 of the 1894 Act is thus, assessed in the following manner:- 1894 Act is thus, assessed in the followi 1894 Act is thus, assessed in the followi Sr. No. Type of Land Market Value (in Rs. per acre) Market Value (in Rs. per acre) Market Value (in Rs. per acre)

3. Nehri Sailab Rs.3,00,000/- per acre Rs. Rs.2,00,000/- per acre Rs. Gair Mumkin Rs.3,00,000/- per acre Rs.3,00,000/

11. In view of the discussion made hereinabove, the appeals In view of the discussion made hereinabove, the appeals In view of the discussion made hereinabove, the appeals instance of appellants/landowners are partly allowed preferred at the instance of appellants/landowners are partly allowed instance of appellants/landowners are partly allowed preferred at the by modifying the award dated 17.11.2006 by modifying the award passed by the learned 17.11.2006 passed by the learned Reference Court in the aforesaid terms Reference Court all other in the aforesaid terms besides granting all other especially statutory benefits including interest under the 1894 Act, especially statutory benefits including interest under the statutory benefits including interest under the st on solatium. interest on solatium.

12. Further, in case of unfortunate demise of any of the Further, in case of unfortunate demise of any of the Further, in case of unfortunate demise of any of the legal representative(s) have not been landowners, if the legal heir(s)-legal representative(s) have not been legal representative(s) have not been landowners, if the legal heir(s) brought on record, they shall be entitled for filing exemption brought on record, they shall be entitled for filing exemption brought on record, they shall be entitled for filing exemption brought on record, they shall be entitled for filing exemption applications applications applications their own names being their own names being their own names being s or legal heirs or legal heir legal heir landowners; subject of course to any representatives of the deceased-landowners; subject of course to any landowners; subject of course to any representatives of the deceased testamentary document created by the deceased. testamentary document created by the deceased. testamentary document created by the deceased.

13. Pending misc. application(s), if any, shall also stands Pending misc. application(s), if any, shall also stands Pending misc. application(s), if any, shall also stands disposed of. disposed of.

08.04.2026 08.04.2026 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 807-2007 (O&M) and other connected cases M) and other connected cases [7] Case No. Sr.No. Case No.

1. 2. 3. 4. 5. 6. 7. 8. 9. RFA-1808 RFA-1809 RFA-1810 RFA-2874 RFA-2882 RFA-2883 RFA-3791 RFA-3792 RFA-3930 1808-2007 (O&M) 1809-2007 (O&M) 1810-2007 (O&M) 2874-2007 (O&M) 2882-2007 (O&M) 2883-2007 (O&M) 3791-2007 (O&M) 3792-2007 (O&M) 3930-2007 (O&M)

08.04.2026 .2026 sanjay (HARKESH MANUJA) JUDGE SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document