✦ High Court of India

08.08.2025 Ved Pal (Deceased) through LRs and ors. (Deceased) through LRs and ors. … v. State of Haryana & Ors. State of Haryana

Case Details

RFA No.6857 of 20 of 2013 (O&M) 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 ***** RFA No.6857 6857 of 2013 (O&M) Date of Decision: 08.08.2025 Date of Decision: 08.08.2025 Ved Pal (Deceased) through LRs and ors. (Deceased) through LRs and ors. …...Appellants Versus State of Haryana & Ors. State of Haryana ..….Respondents CORAM: HON'BLE

Legal Reasoning

MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Mr. Navmohit Singh, Advocate appellants/ landowners. for the applicant-appellants/ landowners. for the applicant Mr. Abhinash Jain, DAG, Haryana. Mr. Abhinash Jain, DAG, Haryana. Mr. Abhinash Jain, DAG, Haryana. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) 2022 CM-2289-CI-2022 Since the main appeal has already been listed in the urgent list, Since the main appeal has already been listed in the urgent list, Since the main appeal has already been listed in the urgent list, Since the main appeal has already been listed in the urgent list, listing the appeal in urgent list has been therefore, the application for listing the appeal in urgent list has been listing the appeal in urgent list has been therefore, the application

Decision

rendered infructuous and is disposed of as such. rendered infructuous and is disposed of as such. rendered infructuous and is disposed of as such. CM-2290-CI-202 2022 and true typed Application for exemption from filing certified and true typed Application for exemption from filing certified Application for exemption from filing certified 5 is allowed as prayed for subject to all just copies of annexures A-1 to A-5 is allowed as prayed for subject to all just 5 is allowed as prayed for subject to all just copies of annexures A exceptions. 2013 (O&M) RFA-6857-2013 (O&M) The landowners, by instituting the present appeal preferred under The landowners, by instituting the present appeal preferred under The landowners, by instituting the present appeal preferred under The landowners, by instituting the present appeal preferred under are seeking Section 54 of the Land Acquisition Act, 1894 (for short “the Act”), are seeking Section 54 of the Land Acquisition Act, 1894 (for short “the Act”), Section 54 of the Land Acquisition Act, 1894 (for short “the Act”), modification of the award dated 22.01.2013 modification of the award dated passed by learned Additional 22.01.2013 passed by learned Additional District Judge, Faridabad (hereinafter to be referred as “Reference Court”) for District Judge, Faridabad (hereinafter to be referred as “Reference Court”) for District Judge, Faridabad (hereinafter to be referred as “Reference Court”) for District Judge, Faridabad (hereinafter to be referred as “Reference Court”) for enhancement of compensation amount enhancement of compensation amount 2. SANJAY GUPTA 2025.08.30 12:33 I attest to the accuracy and integrity of this document In the present case, in pursuance to Haryana Govt. N In the present case, in otification pursuance to Haryana Govt. Notification RFA No.6857 of 20 of 2013 (O&M) under Section 4 of the Act issued on 07.02.2008 under Section 4 of the Act issued on , followed by Notification 07.02.2008, followed by Notification dated 06.02.2009 under Section 6 thereof, the land, including the land of 06.02.2009 under Section 6 thereof, the land, including the land of under Section 6 thereof, the land, including the land of appellant(s) and other landowners , situated in the revenue estate of Villages , situated in the revenue estate of Village and other landowners, situated in the revenue estate of Village , Neemka, Faridpur, Murtajapur and Badoli/ Fajjupur Majra Neemka, Bhatola, Neemka, Faridpur, Murtajapur and Badoli/ , Neemka, Faridpur, Murtajapur and Badoli/ Fajjupur Majra Nee Tehsil & District Faridabad, was acquired. The public purpose for Baroli, Tehsil & District Faridabad, was acquired. The public purpose for Tehsil & District Faridabad, was acquired. The public purpose for Tehsil & District Faridabad, was acquired. The public purpose for acquisition of the land was stated to be Development & Utilization as acquisition of the land was stated to be Development & Utilization acquisition of the land was stated to be Development & Utilization acquisition of the land was stated to be Development & Utilization residential and commercial of Sectors 76 to 78 residential and commercial d. The Land 76 to 78, Faridabad. The Land Acquisition Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), Acquisition Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), Acquisition Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), Acquisition Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), vide Award dated 27.08.2010, assessed the market value of acquired land @ vide Award dated 27.08.2010, assessed the market value of acquired land @ vide Award dated 27.08.2010, assessed the market value of acquired land @ vide Award dated 27.08.2010, assessed the market value of acquired land @ Rs. 42,00,000/- per acre alongwith other statutory benefits. - per acre alongwith other statutory benefits. 3. Aggrieved thereof, the appellants Aggrieved thereof, the preferred reference under ants preferred reference under Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, wherein the Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, wherein the Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, wherein the Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, wherein the per sq. yards. Reference Court enhanced the compensation to Rs.1052/- per sq. yards. Reference Court enhanced the compensation to Rs.1052/ Reference Court enhanced the compensation to Rs.1052/ The said award of the Reference Court was assailed before this Court by The said award of the Reference Court was assailed before this Court by The said award of the Reference Court was assailed before this Court by The said award of the Reference Court was assailed before this Court by of accompanying Regular First Appeal which came to be disposed of by way of accompanying Regular First Appeal which came to be disposed of by of accompanying Regular First Appeal which came to be disposed of by of accompanying Regular First Appeal which came to be disposed of by this Court vide order dated 16.09.2015 in terms of the order passed in RFA- this Court vide order dated 16.09.2015 in terms of the order passed in RFA this Court vide order dated 16.09.2015 in terms of the order passed in RFA this Court vide order dated 16.09.2015 in terms of the order passed in RFA 7108-2012 titled as 2012 titled as Rampal and others Vs. Land Acquisition Collector Rampal and others Vs. Land Acquisition Collector Rampal and others Vs. Land Acquisition Collector and anr.” 4. did not assail the order dated 16.09.2015 Though the appellants did not assail the order dated 16.09.2015 did not assail the order dated 16.09.2015 Though the passed by this Court before the Hon’ble Apex Court, however, other similarly passed by this Court before the Hon’ble Apex Court, however, other similarly passed by this Court before the Hon’ble Apex Court, however, other similarly passed by this Court before the Hon’ble Apex Court, however, other similarly situated landowners availed their remedies before the Hon’ble Supreme situated landowners availed their remedies before the Hon’ble Supreme situated landowners availed their remedies before the Hon’ble Supreme situated landowners availed their remedies before the Hon’ble Supreme Court and the market value with respect to the present acquisition Court and the market value with respect to the present acquisition Court and the market value with respect to the present acquisition Court and the market value with respect to the present acquisition proceedings was finally determined vide judgment dated 14.07.2021 passed proceedings was finally determined vide judgment dated 14.07.2021 passed proceedings was finally determined vide judgment dated 14.07.2021 passed proceedings was finally determined vide judgment dated 14.07.2021 passed in Civil Appeal No. 2903-2021, titled as Banwari Lal and another vs. State in Civil Appeal No. 2903 Banwari Lal and another vs. State Banwari Lal and another vs. State of Haryana and ors. of Haryana and ors SANJAY GUPTA 2025.08.30 12:33 I attest to the accuracy and integrity of this document 5. Both the learned counsel are ad idem Both the learned counsel are ad idem that the present appeal that the present appeal is RFA No.6857 of 20 of 2013 (O&M) squarely covered with the judgment of Banwari Lal’s case squarely covered wit (supra), which is Banwari Lal’s case (supra), which is 2008 covering arising out of the same acquisition / Notification dated 07.02.2008 covering arising out of the same acquisition / Notification dated arising out of the same acquisition / Notification dated Villages Fajjupur Majra Neemka, Neemka, the same revenue estate i.e. Villages Fajjupur Majra Neemka, Neemka, Villages Fajjupur Majra Neemka, Neemka, the same revenue estate i.e. Faridpur, Bhatola and Murtajapur Tehsil & District Fari Faridpur, Bhatola and Murtajapur dabad, whereby the Tehsil & District Faridabad, whereby the landowners have been held entitled landowners have been held entitled landowners have been held entitled landowners have been held entitled for for for for the enhanced amount of the enhanced amount of the enhanced amount of the enhanced amount of compensation @ Rs.2509/-, Rs.2186/-, Rs.1778/ compensation @ , Rs.1778/-, Rs.2396/- and Rs.2376/ and Rs.2376/- per square yard, respectively, along with solatium and other statutory per square yard, respectively, along with solatium and other statutory per square yard, respectively, along with solatium and other statutory per square yard, respectively, along with solatium and other statutory benefits. 6. ve, applying the principle of parity, besides Based upon the above, applying the principle of parity, besides ve, applying the principle of parity, besides Based upon the abo and also placing reliance upon the award of just and fair compensation and also placing reliance upon the and also placing reliance upon the award of just and fair compensation judgment rendered by the Hon’ble Apex Court in Ningappa Thotappa judgment rendered by the Hon’ble Apex Court in judgment rendered by the Hon’ble Apex Court in Ningappa Thotappa Angadi (Dead) through LRs Vs. Special Land Acquisition Officer and Angadi (Dead) through LRs Vs. Special Land Acquisition Officer and Angadi (Dead) through LRs Vs. Special Land Acquisition Officer and Angadi (Dead) through LRs Vs. Special Land Acquisition Officer and another, (2020) 19 SCC 599 , the landowners / appellants being similarly , (2020) 19 SCC 599, the landowners / appellants being similarly , the landowners / appellants being similarly situated are held entitled for grant of similar amount of compensation as has situated are held entitled for grant of similar amount of compensation as has situated are held entitled for grant of similar amount of compensation as has situated are held entitled for grant of similar amount of compensation as has been awarded to other landowners vide judgment dated 13/14.07.2021 in been awarded to other landowners vide judgment dated 13/14.07.2021 in been awarded to other landowners vide judgment dated 13/14.07.2021 in been awarded to other landowners vide judgment dated 13/14.07.2021 in case of Banwari Lal Banwari Lal (supra), alongwith all other statutory benefits and (supra), alongwith all other statutory benefits and except payment of interest for interest thereupon as provided under the Act, except payment of interest for interest thereupon as provided under the Act, interest thereupon as provided under the Act, between 16.09.2015 i.e. the date of decision in the main appeal till the period between 16.09.2015 i.e. the date of decision in the main appeal till between 16.09.2015 i.e. the date of decision in the main appeal till between 16.09.2015 i.e. the date of decision in the main appeal till the filing of application dated 25.07.2022 for listing the appeal in urgent the filing of application for listing the appeal in urgent list list. 7. disposed of in the above Consequently, the present appeal is disposed of in the above Consequently, the present appeal is Consequently, the present appeal is terms. 8. Pending misc. application(s), if any, shall stand(s) disposed off. Pending misc. application(s), if any, shall stand(s) disposed off. Pending misc. application(s), if any, shall stand(s) disposed off. Pending misc. application(s), if any, shall stand(s) disposed off. 08.08.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Whether Reportable? Yes/No Yes/No SANJAY GUPTA 2025.08.30 12:33 I attest to the accuracy and integrity of this document

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