08.08.2025 Premwati (deceased) through her L Premwati (deceased) through her LRs. and ors v. Versus State of Haryana & Ors. State of Haryana ..…
Case Details
RFA-5259 5259-2013 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH ***** CM CM-4603-CI-2021 in/and RFA No.5259 of 2013 (O&M) RFA No. Date of Decision: 08.08.2025 Date of Decision: 08.08.2025 Premwati (deceased) through her L Premwati (deceased) through her LRs. and ors. ...Appellants Versus Versus State of Haryana & Ors. State of Haryana ..….Respondents
Legal Reasoning
HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: Present: Advocate Mr. Amit Gupta, Advocate appellants/ landowners. for the applicant-appellants/ landowners. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) CM-2685 5-C1-2022 Application for for for impleading LRs of appellant No.1- impleading LRs of appellant No.1 impleading LRs of appellant No.1 allowed, as prayed for, subject to all just exceptions. The Premwati is allowed, as prayed for, subject to all just exceptions. The allowed, as prayed for, subject to all just exceptions. The Premwati applicants mentioned in the application applicants mentioned in are ordered to be brought on the application are ordered to be brought on record as legal representatives of appellant No. 1 (Premwati), record as legal representatives of appellant No. 1 record as legal representatives of appellant No. 1 to pursue the present appeal. pursue the present appeal. on record. Registry to Amended memo of party is taken on record. Registry to Amended memo of party is taken tag the same at appropriate place. tag the same at appropriate place. CM-4603 4603-CI-2021 This is an application for recalling of the judgment dated This is an application for recalling of the judgment dated This is an application for recalling of the judgment dated 16.09.2015 passed in the main appeal. 16.09.2015 passed in the main appeal. 16.09.2015 passed in the main appeal. SANJAY GUPTA 2025.08.22 17:58 I attest to the accuracy and integrity of this document RFA-5259 5259-2013 (O&M) [2] 2. 3. applicants/ respondents. Notice of the application to non-applicants/ respondents. Notice of the application to non , DAG, Haryana, who is present in Mr. Abhinash Jain, DAG, Haryana, who is present in , DAG, Haryana, who is present in Court, accepts notice on behalf of the respondents. Court, accepts notice on behalf of the respondents. Court, accepts notice on behalf of the respondents. 4. pursuance to Haryana Govt. In the present case, in pursuance to Haryana Govt. In the present case, in , followed Notification under Section 4 of the Act issued on 07.02.2008, followed Notification under Section 4 of the Act issued on Notification under Section 4 of the Act issued on by Notification dated 06.02.2009 under Secti by Notification dated on 6 thereof, the land, under Section 6 thereof, the land, including the land of appellant(s) and other landowners including the land of appellant(s) , situated in and other landowners, situated in the revenue estate of Villages Fajjupur Majra Neemka, the revenue estate of Village Fajjupur Majra Neemka, Bhatola Bhatola, Tehsil & District Neemka, Faridpur, Murtajapur and Badoli/ Baroli, Tehsil & District Neemka, Faridpur, Murtajapur and Badoli/ Baroli, Neemka, Faridpur, Murtajapur and Badoli/ Baroli, lic purpose for acquisition of the Faridabad, was acquired. The public purpose for acquisition of the lic purpose for acquisition of the Faridabad, was acquired. The pub as residential and land was stated to be Development & Utilization as residential and land was stated to be Development & Utilization land was stated to be Development & Utilization , Faridabad. The Land Acquisition commercial of Sectors 76 to 78, Faridabad. The Land Acquisition , Faridabad. The Land Acquisition commercial Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), vide Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), vide Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), vide Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), vide , assessed the market value of acquired land Award dated 27.08.2010, assessed the market value of acquired land , assessed the market value of acquired land Award dated 27.08.2010 per acre alongwith other statutory benefits. @ Rs. 42,00,000/- per acre alongwith other statutory benefits. @ Rs. 42,00,000/ 5. Aggrieved thereof, the applicants preferred reference Aggrieved thereof, the applicants preferred reference Aggrieved thereof, the applicants preferred reference under Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, under Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, under Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, under Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, wherein wherein ence Court enhanced the Reference Court enhanced ence Court enhanced the Refer the compensation the compensation the compensation to to to per sq. yards. The said award of the Reference Court was Rs.1052/- per sq. yards. The said award of the Reference Court was per sq. yards. The said award of the Reference Court was Rs.1052/ assailed before this Court by way of accompanying Regular First assailed before this Court by way of accompanying Regular First assailed before this Court by way of accompanying Regular First assailed before this Court by way of accompanying Regular First
Decision
Appeal which came to be disposed of by this Court vide order dated Appeal which came to be disposed of by this Court vide order dated Appeal which came to be disposed of by this Court vide order dated Appeal which came to be disposed of by this Court vide order dated 16.09.2015 in terms of the order passed in RFA 16.09.2015 2012 titled as rms of the order passed in RFA-7108-2012 titled as Rampal and others Vs. Land Acquisition Collector and anr.” Rampal and others Vs. Land Acquisition Collector and anr. Rampal and others Vs. Land Acquisition Collector and anr. SANJAY GUPTA 2025.08.22 17:58 I attest to the accuracy and integrity of this document RFA-5259 5259-2013 (O&M) [3] 6. Though the applicants did not assail the order dated Though the applicants did not assail the order dated Though the applicants did not assail the order dated 16.09.2015 passed by this Court before the Hon’ble Apex Court, 16.09.2015 passed by this Court before the Hon’ble Apex Court, 16.09.2015 passed by this Court before the Hon’ble Apex Court, 16.09.2015 passed by this Court before the Hon’ble Apex Court, ituated landowners availed their remedies however, other similarly situated landowners availed their remedies ituated landowners availed their remedies however, other similarly s before the Hon’ble Supreme Court and the market value with respect before the Hon’ble Supreme Court and the market value with respect before the Hon’ble Supreme Court and the market value with respect before the Hon’ble Supreme Court and the market value with respect to the present acquisition proceedings was finally determined vide to the present acquisition proceedings was finally determined vide to the present acquisition proceedings was finally determined vide to the present acquisition proceedings was finally determined vide 2021, judgment dated 14.07.2021 passed in Civil Appeal No. 2903-2021, judgment dated 14.07.2021 passed in Civil Appeal No. 2903 judgment dated 14.07.2021 passed in Civil Appeal No. 2903 titled as Banwar Banwari Lal and another vs. State of Haryana and ors i Lal and another vs. State of Haryana and ors. 7. that the present Both the learned counsel are ad idem that the present Both the learned counsel are appeal is is squarely covered with the judgment of Banwari Lal’s case squarely covered with the judgment of Banwari Lal’s case (supra), which is arising out of the same acquisition / Notification (supra), which is arising out of the same acquisition / Notification (supra), which is arising out of the same acquisition / Notification (supra), which is arising out of the same acquisition / Notification dated 07.02. 07.02.2008 covering the same revenue estate i.e. Villages 2008 covering the same revenue estate i.e. Villages Fajjupur Majra Neemka, Neemka, Faridpur, Bhatola and Murtajapur Fajjupur Majra Neemka, Neemka, Faridpur, Bhatola and Murtajapur Fajjupur Majra Neemka, Neemka, Faridpur, Bhatola and Murtajapur Fajjupur Majra Neemka, Neemka, Faridpur, Bhatola and Murtajapur Tehsil & District Faridabad, whereby the landowners have been held Tehsil & District Faridabad, whereby the landowners have been held Tehsil & District Faridabad, whereby the landowners have been held Tehsil & District Faridabad, whereby the landowners have been held entitled for the enhanced amount of compensation @ Rs.2509/ entitled for the enhanced amount of compensation @ entitled for the enhanced amount of compensation @ Rs.2509/-, Rs.2186/-, Rs.1778/-, Rs.2396/- and Rs.2376/ Rs.2186/ per square yard, and Rs.2376/- per square yard, respectively, along with solatium and other statutory benefits. respectively, along with solatium and other statutory benefits. respectively, along with solatium and other statutory benefits. 8. Based upon the above, applying the principle of parity, Based upon the above, applying the principle of parity, Based upon the above, applying the principle of parity, and also placing reliance besides award of just and fair compensation and also placing reliance besides award of just and fair compensation besides award of just and fair compensation upon the judgment rendered by the Hon’ble Apex Court in upon the j udgment rendered by the Hon’ble Apex Court in Ningappa Ningappa Thotappa Angadi Thotappa Angadi Thotappa Angadi Thotappa Angadi (Dead) (Dead) (Dead) (Dead) through LRs Vs. Special Land through LRs Vs. Special Land through LRs Vs. Special Land through LRs Vs. Special Land