08.08.2025 Babu Ram … v. State of Haryana & Ors. State of Haryana
Case Details
RFA No.3062 of 20 of 2015 (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 ***** CM-4546- RFA No.3062 -CI-2021 in/and 3062 of 2015 (O&M) Date of Decision: 08.08.2025 Date of Decision: 08.08.2025 Babu Ram …...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. Amit Gupta, Advocate for the applicant-appellant/ landowner for the applicant appellant/ landowner. Mr. Abhinash Jain, DAG, Haryana. Mr. Abhinash Jain, DAG, Haryana Mr. Abhinash Jain, DAG, Haryana --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) 2021 CM-4546-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 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. 2. Notice of the application to non-applicants/ respondents Notice of the application to non Notice of the application to non has already been issued on 18.01.2023. already been issued on 18.01.2023. 3. pursuance to Haryana Govt. Notification In the present case, in pursuance to Haryana Govt. Notification pursuance to Haryana Govt. Notification In the present case, in under Section 4 of the Act issued on 07.02.2008 under Section 4 of the Act issued on ollowed 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 and other landowners , situated in the revenue estate of Villages , situated in the revenue estate of Village 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 Neemka, 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 , Faridabad. The Land 76 to 78, Faridabad. The Land SANJAY GUPTA 2025.08.22 17:58 I attest to the accuracy and integrity of this document ana (for short “LAC”), Acquisition Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), Acquisition Collector, Urban Estate, Faridabad, Hary Acquisition Collector, Urban Estate, Faridabad, Hary RFA No.3062 of 20 of 2015 (O&M) 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. 4. Aggrieved thereof, the applicant preferred reference under Aggrieved thereof, the applicant preferred reference under Aggrieved thereof, the applicant preferred reference under Aggrieved thereof, the applicant preferred reference under Act 1894, for short ‘the Act’, wherein the Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, wherein the Act 1894, for short ‘the Act’, wherein the Section 18 of the Land Acquisition Reference Court enhanced the compensation to Rs.1052/- per sq. yards Reference Court enhanced the compensation to Reference Court enhanced the compensation to per sq. yards. 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 way of accompanying Regular First Appeal which came to be disposed of by way of accompanying Regular First Appeal which came to be disposed of way of accompanying Regular First Appeal which came to be disposed of way of accompanying Regular First Appeal which came to be disposed of 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.” 5. Though the applicant did not assail the order dated 16.09.2015 Though the applicant did not assail the order dated 16.09.2015 Though the applicant did not assail the order dated 16.09.2015 Though the applicant did not assail the order dated 16.09.2015 e Hon’ble Apex Court, however, other similarly passed by this Court before the Hon’ble Apex Court, however, other similarly e Hon’ble Apex Court, however, other similarly passed by this Court before th 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 6. Both the learned counsel are ad idem Both the learned counsel are ad idem that the present appeal that the present appeal is squarely covered with the judgment of Banwari Lal’s case squarely covered with the judgment of (supra), which is Banwari Lal’s case (supra), which is arising out of the same acquisition / Notification dated arising out of th 2008 covering e same acquisition / Notification dated 07.02.2008 covering 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 & Faridpur, Bhatola and Murtajapur District Faridabad, whereby the 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. SANJAY GUPTA 2025.08.22 17:58 I attest to the accuracy and integrity of this document RFA No.3062 of 20 of 2015 (O&M) 7. d upon the above, applying the principle of parity, besides Based upon the above, applying the principle of parity, besides d upon the above, applying the principle of parity, besides Base 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 er and Angadi (Dead) through LRs Vs. Special Land Acquisition Officer and Angadi (Dead) through LRs Vs. Special Land Acquisition Offic Angadi (Dead) through LRs Vs. Special Land Acquisition Offic