The High Court
Case Details
In the High Court of Punjab and Haryana, at Chandigarh Regular First Appeal No. 3325 of 2010 (O&M) And Other Connected Cases Reserved On: 14.01.2025 Pronounced On: 18.03.2025 Rohtash State of Haryana and Others Versus ... Appellant(s) ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal. Present: Mr. Sandeep Kumar Yadav, Advocate for the appellant(s) (In RFA-3225-2010 to RFA-3332-2010). Mr. Jivesh Malik, Advocate for Mr. Hitesh Malik, Advocate for the appellant(s) (In RFA-4475-2010 to RFA-4484-2010). Mr. J.P.Sharma, Advocate for the appellant(s) (In RFA-4504-2010 to RFA-4510-2010) and for the respondents (In RFA-5057-2010). Ms. Safia Gupta, Advocate General, Haryana. Anil Kshetarpal, J. 1. 1.1 Factual Matrix With the consent of the learned counsel representing the parties, a batch of 35 regular first appeals, details whereof are given at the foot of the judgment, shall stand disposed of by this common order. 1.2 This Court has been called upon to assess the market value of the land acquired for establishing/developing new grain, food, vegetable DEEPAK KUMAR BHARDWAJ 2025.03.24 10:31 I attest to the accuracy and integrity of this document Regular First Appeal No. 3325 of 2010 (O&M) And Others Connected Cases 2 and fodder market in the Narnaul City. The relevant and necessary details of the acquisition are as under:- S.No. Date Particulars 1. 19.10.2004 Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “the 1894 Act”) was issued proposing to acquire the land for developing a new grain, food, vegetable and fodder market at Narnaul. 2. 14.11.2006 Declaration under Section 6 of the 1894 Act was published. 3. 05.12.2006 The Land Acquisition Collector (hereinafter referred to as “LAC” offered to pay @ ₹5,00,000/- per acre. 4. 06.03.2010 The Reference Court (hereinafter referred to as “RC”) has dismissed all the reference petitions. .3 The landowners claim that the market value is not less than ₹10,000/- per square yard as the acquired land is situated on the Narnaul- Jaipur Road and located within the municipal limits of Narnaul Town. The State, on the other hand, claims that the LAC has correctly assessed the market value. Hence, there is no scope for enhancement. 2. 2.1 Evidence Adduced The landowners, in order to prove their case, have examined the following witnesses:- Sr. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Witness Number Name of the Witness PW.1 PW.2 PW.3 PW.4 PW.5 PW.6 PW.7 PW.8 PW.9 PW.10 PW.11 Babu Lal, Kanungo Hari Om, Draftsman Sunder Lal Mehra Ram Chander, HRC Kartar Singh Satbir Singh, Clerk Dinesh Kumar Parveen Kumar, Patwari Om Parkash, Clerk Parbhati Rohtash DEEPAK KUMAR BHARDWAJ 2025.03.24 10:31 I attest to the accuracy and integrity of this document
Legal Reasoning
Regular First Appeal No. 3325 of 2010 (O&M) And Others Connected Cases 3 Witness Number Name of the Witness Sr. No. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. PW.12 PW.13 PW.14 PW.15 PW.16 PW.17 PW.18 PW.19 PW.20 PW.21 PW.22 PW.23 PW.24 PW.25 PW.26 PW.27 PW.28 PW.29 PW.30 PW.31 PW.32 PW33. PW.34 PW.35 PW.36 PW37. Jai Singh Anoop Singh Dariya Singh Chhaju Ram Mahesh Chand Bhagwani Kamla Giarsi Lal Amrit Lal Harphool singh Jagdish Shiv Lal Mani Ram Dinesh Kumar Ashok Kumar Mahavir Subhash Ramji Lal Surji Dharanand Phool Singh Naresh Jagmal Singh Kailash Ravidutt Vijay Kumar 2.2. On the other hand, the State Government has examined RW.1 Satya Parkash. 2.3 The RC has prepared a tabulated compilation of the sale deeds, which is extracted as under:- Sr. No. Sale Deed No. and Date Village Area Sale Price (In ₹ ) Average Price Per Acre (In ₹) 1. 2397/27.11.2001 (Ex.PW.25/1) 2. 1959/05.11.2003 (Ex.PW.25/2) DEEPAK KUMAR BHARDWAJ 2025.03.24 10:31 I attest to the accuracy and integrity of this document Narnaul 2 Biswa 82,500/- 13,20,000/- Narnaul 1 Biswa 90,000/- 28,80,000/- Regular First Appeal No. 3325 of 2010 (O&M) And Others Connected Cases 4 Sr. No. Sale Deed No. and Date Village Area Sale Price (In ₹ ) Average Price Per Acre (In ₹) 3. 2396/28.11.2001 (Ex.PW.25/3) 4. 1391/29.06.2004 (Ex.PW.25/4) 5. 1624/20.01.1999 (Ex.PW.25/5) 6. 1840/10.02.1999 (Ex.PW.25/6) 7. 1678/04.01.1989 (Ex.PW.25/7) 8. 1641/14.07.2004 (Ex.PW.25/8) 9. 452/17.06.1998 (Ex.PW.25/9) 10. 2992/05.11.2004 (Ex.PW.36/C) 11. 163/20.04.2006 (Ex.PW.36/D) Narnaul 2 Biswa 82,500/- 13,20,000/- Narnaul 4 Biswa 2,70,000/- 21,60,000/- Narnaul 1 Biswa 63,000/- 20,16,000/- Patikara 2 Biswa 90,00/- 14,40,000/- Narnaul 1 Biswa 35,000/- 11,20,000/- Narnaul 1 Biswa 2,65,000/- 84,80,000/- Narnaul 13 Biswansi 50,000/- 24,61,536/- Narnaul 1 Biswa 60,000/- 9,60,000/- Narnaul 8 Biswa 12 2,70,000/- 1,04,651/- Biswansi 2.4 Apart from the sale instances, the land owners have also produced the various layout plans including PW.2/E and Aks Shijra (PW.8/A). The landowners have examined the Revenue Official of the Village, namely Parveen Kumar, Patwari, who has produced a copy of the official layout plan of the acquired land. 2.5 After coming to a conclusion that the sale deed Ex.PW.25/1, Ex.PW.25/2, Ex.PW.25/3, Ex.PW.25/5 to Ex.PW.25/7 and Ex.PW.25/8 produced by the landowners pertain to the smaller pieces of land and these were executed during the period much prior to the date of notification under Section 4, the RC considered inappropriate to rely upon these sale deeds for assessing the market value of the acquired land on 19.04.2004. The sale deed (Ex.PW.36/D) has been ignored on the ground that it is executed post notification dated 19.10.2024. The sale deed (Ex.PW.25/4) has been ignored DEEPAK KUMAR BHARDWAJ 2025.03.24 10:31 I attest to the accuracy and integrity of this document Regular First Appeal No. 3325 of 2010 (O&M) And Others Connected Cases 5 on the ground that it is again a small piece of land measuring 4 biswas i.e. 600 square yards located in Mohalla Moti Nagar, Ward No. 21, Narnaul. This sale deed was also executed post 19.10.2004. Similarly, the sale deed (Ex.PW.25/8) has been ignored on the ground that it pertains to a pucca house. The sale deed (Ex.PW.36/C) has also been ignored on the ground that it is with respect to a smaller parcel of land. 3. 3.1 Arguments Addressed
Legal Reasoning
The learned counsel representing the appellants have submitted that the RC has erred in dismissing the appellants’ reference petitions. They submitted that the property is located within the municipal limits of Narnaul Town and the sale instances of the large plots were not available. They submitted that 30% cut can be applied to assess the market value particularly when the acquired land is located on the State Highway going from Narnaul to Jaipur. 3.2 Per contra, the learned State counsel has defended the judgment of the RC on the ground that the sale deeds of the smaller parcels of land should not be relied upon. 4. 4.1 Discussion & Analysis In order to understand the location of the acquired land, a careful study of the layout plan (Ex.PW.2/E) is necessary. There is a State Highway which goes from Narnaul Town to Jaipur. On this road, the acquired land is located near Haryana Public School and a petrol pump. There are shops where the bodies of the trucks are fabricated. Petrol Pump and Sanghi Automobiles, an agency of Tata Motors are also located in the DEEPAK KUMAR BHARDWAJ 2025.03.24 10:31 I attest to the accuracy and integrity of this document vicinity. Then there is a Cement Factory across the road. Immediately Regular First Appeal No. 3325 of 2010 (O&M) And Others Connected Cases 6 behind the acquired land, there is a historical place known as Jal Mahal which is surrounded by a path. A Government Polytechnic College is located behind Jal Mahal. K.L. High School is also located near the acquired land. Mohalla Purani Mandi is also nearby. The entire area is surrounded by the residential and commercial establishments. If one travels on the road towards Jaipur from Narnaul, immediately after the acquired land, there is a road. Thereafter, there is an eating joint. Now if we compare this layout plan with Ex.PW.8/A (Aks Shijra of the land) produced by the Revenue Patwari, a government official, it is evident that the acquired land is comprised in the following khasra numbers:- Sr. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Khasra Number 5462/1 5463/2 5464 5464/1 5466 5467 5468 5479 5480/1 5480/3 5483/1 5483/3 5484/2 5485/1 5489/1 5490/1 5491 5492 5493 5494 5495 5496 5497 5498 DEEPAK KUMAR BHARDWAJ 2025.03.24 10:31 I attest to the accuracy and integrity of this document Regular First Appeal No. 3325 of 2010 (O&M) And Others Connected Cases 7 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. Total Land 5499 5500 5501/1 5501/2 5502 55033 5504 5505 5506/1 5506/2 5506/3 5507/1 5507/2 5507/3 5508/1 5508/2 5509 5510 5511/1 5511/2 5512 5513 5514 5515 5516 5517 5518 109 Bighas 9 Biswas 4.2 On one side of this acquired land is a State Highway which goes to Jaipur from Narnaul whereas there is another road on both sides of the acquired land. Immediately after the passage, khasra No. 4198, 5237 and 5239 are located. The sale deeds (Ex.P25/1 and Ex. P25/3) pertain to two biswas of land each (300 square yards each) sold from the land comprised in khasra No. 5209/2 which is very close to the acquired land. These two parcels of land have been sold @ ₹82,500/- each on 27.11.2001 and DEEPAK KUMAR BHARDWAJ 2025.03.24 10:31 I attest to the accuracy and integrity of this document 28.11.2001. The per acre price of the aforesaid sale deeds come out to be Regular First Appeal No. 3325 of 2010 (O&M) And Others Connected Cases 8 ₹70,82,000/- per acre. Both the plots are small plots, however, if consolidated, plot of 600 square yards has been sold for ₹1,65,000/-. Since the acquired land is surrounded by the houses and residential and commercial establishments, the likelihood of the sale instances of the large parcels of land is remote particularly when the State has also not produced any sale deeds. While assessing the market value of the acquired land, the Court has to apply appropriate cut in order to come to a conclusion. Since the sale deed, a parcel of plot measuring 600 square yards (two sale deeds of 300 square yards each) which is located close to the acquired land, has been produced, hence, in the absence of other evidence, these sale exemplars are required to be taken into account for assessing the market value of the acquired land. In the facts and circumstances of the present case, it is considered appropriate to apply 50% cut keeping in view the entire situation. Firstly, there is a gap of 2 years and 11 months between 25.11.2001, the date of execution of the sale deeds and 19.10.2004, the date of notification under Section 4, hence, it is considered appropriate to grant 10% increase per year for a period of 2½ years and thereafter, apply cut of 50% to assess the market value. If an amount of ₹13,20,000/- is increased by 29%, the amount comes to ₹17,02,000/- per acre. After applying 50% cut, the per acre price comes out to be ₹8,51,400/-. 4.3 It would be noted here that in oral evidence, as many as eight witnesses of the landowners have made statement that these sale instances pertain to parcels of land located in the vicinity of the acquired land. However, the learned State counsel has not challenged the correctness of the DEEPAK KUMAR BHARDWAJ 2025.03.24 10:31 I attest to the accuracy and integrity of this document aforesaid statement in cross-examination of the witnesses. Moreover, the Regular First Appeal No. 3325 of 2010 (O&M) And Others Connected Cases 9 layout plan Ex.PW.8/A shows that the land comprised in khasra No. 5205 abuts the acquired land. 5. 5.1 Decision Consequently, all these appeals are allowed and the landowners are held entitled to the market value of the acquired land @ ₹8,51,400/- along with all the statutory benefits as per the amended Land Acquisition Act, 1894. 5.2 The miscellaneous application(s) pending, if any, in all the
Decision
appeals, shall stand disposed of. (Anil Kshetarpal) Judge March 18, 2025 “DK” Whether speaking/reasoned :Yes/No Whether reportable : Yes/No Sr. No. Case No. Party’s Name 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. RFA-3326-2010 Parbhati V/s State of Haryana and others RFA-3327-2010 Kartar Singh and others V/s State of Haryana and others RFA-3328-2010 Dinesh Kumar V/s State of Haryana and others RFA-3329-2010 Dhara Nand and others V/s State of Haryana and others RFA-3330-2010 Mani Ram and others V/s State of Haryana and others RFA-3331-2010 Ram Niwas and others V/s State of Haryana and others RFA-3332-2010 Kailash and others V/s State of Haryana and others RFA-4247-2010 Mandir Murti Sita Ram Ji situated at Talab Bahadar Singh, Narnaul V/s State of Haryana and others RFA-4248-2010 Subhash Chand V/s State of Haryana and others RFA-4475-2010 Smt. Kamla Devi V/s State of Haryana and others RFA-4476-2010 Harphool Singh V/s State of Haryana and others RFA-4477-2010 Jai Singh V/s State of Haryana and others RFA-4478-2010 Anup Singh V/s State of Haryana and others RFA-4479-2010 Giyarsi Lal V/s State of Haryana and others RFA-4480-2010 Smt. Bhagwani V/s State of Haryana and others RFA-4481-2010 Chhaju and others V/s State of Haryana and others RFA-4482-2010 Amrit Lal V/s State of Haryana and others DEEPAK KUMAR BHARDWAJ 2025.03.24 10:31 I attest to the accuracy and integrity of this document 18. RFA-4483-2010 Smt. Chawali Devi and others V/s State of Haryana and others Regular First Appeal No. 3325 of 2010 (O&M) And Others Connected Cases 10 Sr. No. Case No. Party’s Name 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. RFA-4484-2010 Dariao Singh V/s State of Haryana and others RFA-4504-2010 Subhash and others V/s State of Haryana and others RFA-4505-2010 Ashok Kumar and others V/s State of Haryana and others RFA-4506-2010 Smt. Nandori and others V/s State of Haryana and others RFA-4507-2010 Ram Ji Lal V/s State of Haryana and others RFA-4508-2010 Smt. Surji V/s State of Haryana and others RFA-4509-2010 Phool Chand and others V/s State of Haryana and others RFA-4510-2010 Shiv Lal V/s State of Haryana and others RFA-4533-2010 Bhup Singh and others V/s State of Haryana and others RFA-5056-2010 RFA-5057-2010 RFA-5058-2010 RFA-5059-2010 RFA-5060-2010 RFA-5301-2010 Mandir Sita Ramji situated at Talab Bahadar Singh, Narnaul V/s Smt. Lori Devi and others Mandir Sita Ramji situated at Talab Bahadar Singh, Narnaul V/s Shiv Lal and others Mandir Sita Ramji situated at Talab Bahadar Singh, Narnaul V/s Nandori and others Mandir and Murti Sitaram Ji situated Talab Bahadar Singh, Narnaul V/s State of Haryana and others Mandir Sita Ramji situated at Talab Bahadar Singh, Narnaul V/s Smt. Surji and others Mahadev Parshad Dharmarth Trust V/s State of Haryana and others RFA-5471-2010 Smt. Santra @ Sanra V/s State of Haryana and others March 18, 2025 “DK” (Anil Kshetarpal) Judge DEEPAK KUMAR BHARDWAJ 2025.03.24 10:31 I attest to the accuracy and integrity of this document