Vinod Kumar v. State of Punjab and others State of Punjab and
Case Details
RFA-6957-2013 2013 along with other connected cases --1-- 263 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 263 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 263 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2013 and connected cases RFA-6957-2013 and connected cases 25.07.2025 Decided on:-25.07.2025 Vinod Kumar vs. State of Punjab and others State of Punjab and ….Appellant. ….Respondents. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. H.K. Aurora, Advocate, Present: Mr. H.K. Aurora, Advocate, Mr. . Sandeep Bansal, Advocate Mr. . Hemant Sarin, Advocate, Mr. . R.K. Chauhan, Advocate Mr. . S.K. Kanojia, Advocate Mr. Gurmeet Singh, Advocate, Mr. Gurmeet Singh, Advocate, for the appellant(s)/landowners/ for the appellant(s) X-o objectors/respondent(s). Bhanu Partap Singh, Advocate, Mr. Bhanu Partap Singh, Advocate, Mr. for respondent No.1 for respondent No.1 (in RFA-10437-2014). (in RFA Mr. Gunjan Mehta, Addl.A.G., Punjab. Mr. Gunjan Mehta, Addl.A.G., Punjab. Mr. Gunjan Mehta, Addl.A.G., Punjab. ***** HARKESH MANUJA J. (Oral) HARKESH MAN 1. A batch of 4 batch of 43 connected Regular First Appeals connected Regular First Appeals (details whereof are given on the foot of the judgment) shall stand disposed whereof are given on the foot of the judgment whereof are given on the foot of the judgment of by this common order, as they involve common question of law of by this common order, as they involve of by this common order, as they involve SANJAY GUPTA 2025.08.02 15:45 I attest to the accuracy and integrity of this document RFA-6957-2013 2013 along with other connected cases --2-- and facts. 1.1 For convenience, the facts are being taken from RFA- For convenience, the facts are being taken from For convenience, the facts are being taken from 6957-2013. 2.
Legal Reasoning
Brief facts of the case are that certain land owned by the Brief facts of the case are that certain land owned by the Brief facts of the case are that certain land owned by the landowners, situated in the revenue estate of village appellants-landowners, situated in the revenue estate of village landowners, situated in the revenue estate of village Bajwara, Tehsil and District Hoshiarpur, came to be acquired vide Bajwara, Tehsil and District Hoshiarpur, came to be acquired vide Bajwara, Tehsil and District Hoshiarpur, came to be acquired vide notifications dated 07.01.2005 and 04.05.2005, notifications dated 07.01.2005 and 04.05.2005, notifications dated 07.01.2005 and 04.05.2005, issued under issued under issued under Sections 4 and 6, respectively, of the Land Acquisition Act, 1894 (for Sections 4 and 6, respectively, of the Land Acquisition Act, 1894 (for Sections 4 and 6, respectively, of the Land Acquisition Act, 1894 (for short, “1894 Act”), for the construction of Kandi Canal. Total land short, “1894 Act”), for the construction of Kandi Canal. Total land short, “1894 Act”), for the construction of Kandi Canal. Total land under acquisition was 18.13 Acres. Vide under acquisition was 1 Acres. Vide Award No.26 dated 16.11.2007, the Land Acquisition Collector, assessed market value in 16.11.2007, the Land Acquisition Collector, 16.11.2007, the Land Acquisition Collector, the following terms besides granting other statutory benefits, interest the following terms besides granting other statutory benefits, interest the following terms besides granting other statutory benefits, interest etc:- Mumkin Rs.2718.75 paisa per marla Rs.2718.75 paisa per marla “Chahi @ Rs.1812.50 paisa per marl @ Rs.1812.50 paisa per marla Barani @ Rs.1250/- per marla Banjar Qudim @ Rs.1250/ @ Rs.1250/- per marla Gair Mumkin Choe @ Rs.1250/ @ Rs.2250/ @ Rs.2250/- per marla Bag Chahi @ Rs.1250/- per marla @ Rs.1250/ Gair Rasta Gair Abadi Gair Tubewell Gair Chahi @ Rs.1812.50 paisa per marla” Jhangi Drakhtan @ Rs.1812.50 paisa per marla” @ Rs.20,000/- (2 marlas area) per @ Rs.20,000/ marla @ Rs.1250/- per marla @ Rs.1250/ @ Rs.20,000/- per marla @ Rs.20,000/ Mumkin Mumkin Mumkin 3. Aggrieved of the award passed by the Land Acquisition Aggrieved of the award passed by the Land Acquisition Aggrieved of the award passed by the Land Acquisition landowners Collector, appellant(s)-landowners Collector, appellant(s) invoked invoked reference petition(s) reference petition(s) under Section 18 of the 1894 Act, seeking enhancement of under Section 18 of the 1894 Act, seeking enhancement of under Section 18 of the 1894 Act, seeking enhancement of sideration of the material available on compensation. Upon consideration of the material available on compensation. record, the Reference Court vide its award dated 01.05.2013, record, the Reference Court vide its award dated 01.05.2013, record, the Reference Court vide its award dated 01.05.2013, SANJAY GUPTA 2025.08.02 15:45 I attest to the accuracy and integrity of this document RFA-6957-2013 2013 along with other connected cases --3-- assessed the uniform market value @ Rs.9000/ assessed the market value @ Rs.9000/- per marla. In addition, the appellants were also awarded severance charges @ addition, the appellants were also awarded severance charges @ addition, the appellants were also awarded severance charges @ relevant part thereof is extracted 25% of the market value. The relevant part thereof is extracted 25% of the market value hereunder:- “From the perusal of evidence on the file it is clear “From the perusal of evidence on the file it is clear that acquired land of the applicants is chahi in nature and that acquired land of the applicants is chahi in nature and that acquired land of the applicants is chahi in nature and respondents have rightly considered the land of applicants as respondents have rightly considered the land of applicants as respondents have rightly considered the land of applicants as passing the award, however, chahi in nature at the time of passing the award, however, chahi in nature at the time of the compensation awarded the compensation awarded the compensation awarded to to to the applicants by the applicants by the applicants by the the the government for their acquired land at the rate of Rs.2718/- government for their acquired land at the rate of Rs.2718/ government for their acquired land at the rate of Rs.2718/ per marla is much less than the market value of the acquired per marla is much less than the market value of the acquired per marla is much less than the market value of the acquired land. The claimants have produced sufficient evidence on the land. The claimants have produced sufficient evidence on land. The claimants have produced sufficient evidence on file to prove that they have been given less compensation file to prove that they have been given less compensation file to prove that they have been given less compensation than the prevalent market value of the acquired land than the prevalent market value of the acquired land than the prevalent market value of the acquired land therefore they are entitled to enhancement of compensation. therefore they are entitled to enhancement of compensation. therefore they are entitled to enhancement of compensation. As such, it is held that claimants are entitled to compensation As such, it is held that claimants are entitled to compensation As such, it is held that claimants are entitled to compensation (Rs.Nine thousand only) per marla at the rate of Rs.9000/- (Rs.Nine thousand only) per marla at the rate of Rs per marla which has been awarded to instead of Rs.2718/- per marla which has been awarded to instead of Rs.2718/ them by the respondents. them by the respondents. XX XX XX XX The applicants are also entitled to severance charges The applicants are also entitled to severance charges acquired land i.e. 27 kanals 11 marlas from @ 25% of the un-acquired land i.e. 27 kanals 11 marlas from @ 25% of the un ich the applicants have purchased the acquired land which the applicants have purchased the acquired land ich the applicants have purchased the acquired land comprised in khasra Numbers 29//19/2, 20/3, 21/3, 22, 28, comprised in khasra Numbers 29//19/2, 20/3, 21/3, 22, 28, comprised in khasra Numbers 29//19/2, 20/3, 21/3, 22, 28, 39//5/3/2 and 40R/1 which remains unapproachable on both 39//5/3/2 and 40R/1 which remains unapproachable on both 39//5/3/2 and 40R/1 which remains unapproachable on both the sides of the Canal. Apart from it, applicants are entitled to the sides of the Canal. Apart from it, applicants are entitled to the sides of the Canal. Apart from it, applicants are entitled to 30% on the market value of the solatium at the rate of 30% on the market value of the solatium at the rate of acquired land in accordance with Section 23 (2) of the Act. acquired land in accordance with Section 23 (2) of the Act. acquired land in accordance with Section 23 (2) of the Act. The petitioners are also entitled to appreciation charges u/s The petitioners are also entitled to appreciation charges u/s The petitioners are also entitled to appreciation charges u/s 23(1) (a) of the Act at the rate of 12% per annum from the 23(1) (a) of the Act at the rate of 12% per annum from the 23(1) (a) of the Act at the rate of 12% per annum from the date of issuance of notification under Section 4 of the Act till date of issuance of notification under Sect date of issuance of notification under Sect the date of taking possession or announcement of award the date of taking possession or announcement of award the date of taking possession or announcement of award whichever is earlier. As such, issue No.3 stands decided in whichever is earlier. As such, issue No.3 stands decided in whichever is earlier. As such, issue No.3 stands decided in favour of the applicants and against respondents. favour of the applicants and against respondents. favour of the applicants and against respondents. SANJAY GUPTA 2025.08.02 15:45 I attest to the accuracy and integrity of this document RFA-6957-2013 2013 along with other connected cases --4-- XX XX XX XX The petitioners are also entitled to interest at the rate The petitioners are also entitled to interest at the of 9% per annum on the enhanced amount for the first year of 9% per annum on the enhanced amount for the first year of 9% per annum on the enhanced amount for the first year from the date of taking possession of acquired land and from the date of taking possession of acquired land and from the date of taking possession of acquired land and thereafter future interest at the rate of 15% per annum till the thereafter future interest at the rate of 15% per annum till the thereafter future interest at the rate of 15% per annum till the realization of entire amount of enhanced compensation. The realization of entire amount of enhanced compensation. The realization of entire amount of enhanced compensation. The amount paid by Collector may be adjusted. amount paid b y Collector may be adjusted.” 4. the aforesaid award passed by the Feeling aggrieved of the aforesaid award passed by the Feeling aggrieved Reference Court, the appellant(s) preferred separate appeals (details Reference Court, the appellant(s) preferred Reference Court, the appellant(s) preferred whereof are mentioned in the foot of the judgment). whereof are mentioned in the foot of the judgment whereof are mentioned in the foot of the judgment 5.
Legal Reasoning
Learned counsel for the appellant(s), Mr. H.K. Aurora Learned counsel for the appellan Learned counsel for the appellan submits that the Reference Court failed to take into account the sale submits that the Reference Court failed to take into account the sale submits that the Reference Court failed to take into account the sale deeds Ex. A7 to Ex.A11, which were produced on record as material deeds Ex. A7 to Ex.A11, which were produced on record deeds Ex. A7 to Ex.A11, which were produced on record evidence. He also submits that since the sale deeds Exs.A-7 to A11 evidence. He also submits that since the sale deeds Exs.A evidence. He also submits that since the sale deeds Exs.A November 1999 to December were relating to the period between November 1999 to December were relating to 2000 whereas notification under Section 4 of the 1894 Act in the whereas notification under Section 4 of the 1894 Act in the present acquisition acquisition was issued on 07.01.2005/14.01.2005 was issued on 07.01.2005/14.01.2005, as such an appreciation @12% per annum of the sale deed fetching appreciation @12% per annum of the sale deed fetching maximum consideration, was required to be maximum consideration, d to be applied and thereafter, the market value should have been assessed the market value should have been assessed. For the purpose of reliance, learned counsel has submitted a chart of the sale deeds learned counsel has submitted a chart of the sale deeds proved on record as Exs. A-7 to A-11 after having applied proved on record as Exs. A 11 after having applied the appreciation of 12% per annum from the date of appreciation of 12% per annum fro m the date of respective sale the date of notification under Section 4 of the 1894 Act deeds upto the date of notification under Section 4 of the 1894 Act the date of notification under Section 4 of the 1894 Act relating to the present acquisition. The same is extracted hereunder: relating to the present acquisition. The same is extracted hereunder:- Exhibit Sale deed No. Date of Sale deed Village Area of Price Area of land Per marla A-7 SANJAY GUPTA 2025.08.02 15:45 I attest to the accuracy and integrity of this document 5276 21.12.2000 21.12.2000 Bajwara 907 sq. 907 sq. Rs.100000/- Rs.30021/- RFA-6957-2013 2013 along with other connected cases --5-- feet A-8 3234 22.08.2000 22.08.2000 Bajwara 2394 Rs.177000/- Rs.20130/- A-9 5277 21.12.2000 sq. feet 952 sq. Rs.105000/- Rs.30034/- 21.12.2000 Bajwara 952 sq. feet A-10 5823 31.01.2000 31.01.2000 Bajwara 2280 Rs.168000/- Rs.20062/- sq. feet A-11 4462 22.11.1999 22.11.1999 Bajwara 2100 Rs.116000/- Rs.15040/- sq. feet 5.1. Learned counsel thus, submits that in view of the evidence Learned counsel thus, submits that in view of the evidence Learned counsel thus, submits that in view of the evidence available on record in the shape of sale deeds (Ex. A7 to Ex.A11), available on record in the shape of sale deeds (Ex. A7 to Ex.A11), available on record in the shape of sale deeds (Ex. A7 to Ex.A11), which pertain to the same revenue estate of Village Bajwara, Tehsil which pertain to the same revenue estate of Village Bajwara, Tehsil which pertain to the same revenue estate of Village Bajwara, Tehsil the market value of the land under and District Hoshiarpur, the market value of the land under and District Hoshiarpur, acquisition was required to be assessed at the rate of Rs.50,000/- per acquisition was required to be assessed at the rate of Rs. acquisition was required to be assessed at the rate of Rs. marla along with all statutory benefits and interest under the 1894 marla along with all statutory benefits and interest unde marla along with all statutory benefits and interest unde Act, besides grant of severance charges. Act, besides grant of severance charges. 6. On the other hand, learned counsel appearing on behalf On the other hand, learned counsel appearing on behalf On the other hand, learned counsel appearing on behalf of the respondent-State submits that the market value was of the respondent State submits that the market value was rightly assessed by the Reference Court at the rate of Rs.9000/- per marla assessed by the Reference Court at the rate of Rs.9000/ assessed by the Reference Court at the rate of Rs.9000/ for chahi land and Rs.8200/ d and Rs.8200/- per marla for barani barani land after taking into account the evidence available on record. He also submits that no account the evidence available on record. He also submits that no account the evidence available on record. He also submits that no appreciation at all was required to be applied over and above the sale appreciation at all was required to be applied over and above the sale appreciation at all was required to be applied over and above the sale consideration mentioned in Ex.A7 to Ex.A11 and rather the same consideration mentioned in Ex.A7 to Ex.A11 and consideration mentioned in Ex.A7 to Ex.A11 and were required to be discarded being related to small parcels of land. were required to be discarded being related to small parcels of land. were required to be discarded being related to small parcels of land. the award under challenge Learned State counsel thus submits that the award under challenge Learned State counsel thus submits that called for no interference. called for no interference. 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 substance in the submissions made on through the paper book. I find substance in the submissions made on through the paper book. I find behalf of the appellant(s)/ landowners. behalf of the appellant(s) SANJAY GUPTA 2025.08.02 15:45 I attest to the accuracy and integrity of this document RFA-6957-2013 2013 along with other connected cases --6-- 8. As a matter of fact the present appeal relates to the As a matter of fact the present appeal relates to the As a matter of fact the present appeal relates to the acquisition of land falling within the revenue estate of Village Bajwara, acquisition of land falling within the revenue estate of Village Bajwara, acquisition of land falling within the revenue estate of Village Bajwara, Tehsil and District Hoshiarpur and the sale deeds Exs. A-7 to A-11 Tehsil and District Hoshiarpur and the sale dee Tehsil and District Hoshiarpur and the sale dee even pertain to the same revenue estate pertain to the same revenue estate and further and further there being no evidence available on record to doubt the genuineness evidence available on record to doubt the genuineness of these sale deeds, the same need to be relied upon for the purpose of deeds, the same need to be relied upon for the purpose of deeds, the same need to be relied upon for the purpose of determination of market value of the land under acquisition, being the determination of market value of the land under acquisition, being determination of market value of the land under acquisition, being transactions. bonafide transactions. 8.1 Further, in view of the law laid down by the Hon’ble Apex Further, in view of the law laid down by the Hon’ble Apex Further, in view of the law laid down by the Hon’ble Apex Court Court in in the case of Manohar and othe the case of Manohar and others. Vs. State of Maharashtra, 25 INSC 900, the highest of the Maharashtra, 25 INSC 900, the highest of the exemplar needs to be considered and para and para 33 thereof being relevant, thereof being relevant, is extracted hereunder:- It can thus be seen that it is a settled position of “33. It can thus be seen that it is a settled position of law that when there are several exemplars with law that when there are several exemplars reference to similar land, usually the highest of reference to similar land, usually the highest of the exemplars, which is a bona-fide transaction, the exemplars, which is a bona will be considered. The same was reiterated in will be considered. The same was reiterated in the judgment of this Court in the case of the judgment of this Court in the case of Mohammad Yusuf (supra).” Mohammad Yusuf (supra). Accordingly, applying the aforesaid principle of law, in the Accordingly, applying the aforesaid principle of law, in the Accordingly, applying the aforesaid principle of law, in the given given given facts and circumstances, facts and circumstances, facts and circumstances, the sale deed Ex.A9 dated the sale deed Ex.A9 dated the sale deed Ex.A9 dated 21.12.2000 being the highest of the ex being the highest of the exemplars mplars needs to be relied From the chart extracted in the preceding part of the judgment, From the chart extracted in the preceding par upon. From the chart extracted in the preceding par can be traced out that the sale consideration per marla pertaining to it can be traced out that the sale consideration per marla pertaining to can be traced out that the sale consideration per marla pertaining to the sale deed Ex.A-9 comes to Rs.30034/-. the sale deed Ex.A 8.2 SANJAY GUPTA 2025.08.02 15:45 I attest to the accuracy and integrity of this document Equally important, a perusal of the aforementioned chart Equally important, a perusal of the Equally important, a perusal of the RFA-6957-2013 2013 along with other connected cases --7-- clearly reflects that there has been an apparent upward trend in the clearly reflects that there has been an apparent upward trend in the clearly reflects that there has been an apparent upward trend in the price of land in Village Bajwara in Village Bajwara District Hoshiarpur District Hoshiarpur. As per sale deed 11 dated 22.11.1999, the sale consideration per marla was 11 dated 22.11.1999, the sale consideration per marla Ex.A-11 dated 22.11.1999, the sale consideration per marla ; whereas with respect to the sale deeds Exs.A-7 to A-9 ; whereas with respect to the sale deeds Exs.A Rs.15040/-; whereas with respect to the sale deeds Exs.A pertaining to 21.12.2000, the sale price increased to Rs.30000/- per pertaining to 21.12.2000, the sale price increased to Rs.30000/ pertaining to 21.12.2000, the sale price increased to Rs.30000/ marla which itself shows an increase of around 100% towards the marla which itself shows an increase of around 100% towards the marla which itself shows an increase of around 100% towards the of land in Village Bajwara, District Hoshiarpur, within a of land in Village Bajwara, District Hoshi sale price of land in Village Bajwara, District Hoshi period of one year. period of one year. Further, the Hon’ble Apex Court in Further, the Hon’ble Apex Court in Ramrao Shankar Tapase Vs. Maharashtra Industrial Development Corporation and Tapase Vs. Maharashtra Industrial Development Tapase Vs. Maharashtra Industrial Development