The High Court
Case Details
In the High Court of Punjab and Haryana, at Chandigarh Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases Reserved On: 03.04.2025 Pronounced On: 07.04.2025 Paras Ram State of Haryana and Others Versus ... Appellant(s) ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal. Present: Mr. Dheeraj Narula, Advocate for the appellant(s) (RFA-3216-2018). Dr. Amol Rattan Sidhu, Senior Advocate with Mr.Shiv K. Sharma, Advocate for the appellant(s) (In RFA-535-2019). Mr. S.K.Jain, Mr. Deepak Jain, Mr. Akshay Jain, Mr. Gunjeet Brar and Mr. Sukhbir Brar, Advocates for the appellant(s) (In RFA-1336-2018, RFA-3872-2018 to RFA-3891-2018, RFA-3894-2018 to RFA-3906-2018, RFA-12-2020 and RFA-16-2020). Ms. Maanvi Arora, Advocate for Mr. Rakesh Gupta, Advocate, for the appellants (In RFA-4044-2018 to RFA-4047-2018) and for the respondent(s) (In RFA-997-2019, RFA-1123-2019, and RFA-1220-2019). Mr. Shoaib Khan, Advocate for the appellant(s) (In RFA-3432-2018 to RFA-3434-2018). Ms. Safia Gupta, Assistant Advocate General, Haryana. Anil Kshetarpal, J. 1. 1.1 DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document Brief Facts of the Case With the consent of the learned counsel representing the parties, Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 2 a batch of 170 appeals (details whereof are given at the foot of the judgment) shall stand disposed of by this judgment. 1.2 This Court has been called upon to assess the market value of the acquired land on 21.05.2010 under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as “the 1894 Act”). 1.3 The relevant and necessary details of the acquisition are as under:- S.No. 1. 2. 3. 4. Date Particulars 21.05.2010 Notification under Sections 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “the 1894 Act”) was issued proposing to acquire the land for development of the residential, commercial, sector road, green belt, Sector 10, Dabwali. 20.05.2011 Declaration under Section 6 of the 1894 Act was issued. 15.05.2013 The Land Acquisition Collector (hereinafter referred to as “the LAC”) offered to pay ₹60,00,000/- per acre for the land falling on the National Highway upto the depth of 2 acres and ₹40,00,000/- per acre for all other kinds of land. ₹34,82,248/- was awarded for structures/buildings and whereas ₹9,93,992/- was awarded for trees. The Reference Court (hereinafter referred to as “the RC”) assessed the market value of the acquired land at the uniform rate of ₹1,393/- per square yard i.e. ₹67,42,120/- per acre. 16.03.2018 and 06.10.2018 tube-wells, 1.4 These cross-appeals have been filed by the landowners as well as the State of Haryana. 1.5 The landowners claim that the acquired land adjoining Dabwali City and has significant potential for being used for commercial purpose particularly the area abutting the national highway. Consequently, the market value of the land adjoining the national highway is not less than ₹10,00,00,000/- (Rupees Ten Crore) per acre. It is also claimed that there are DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document showrooms, schools, shops, residential colonies, namely Rajiv Colony, Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 3 Gugamari Colony, Indira Nagar, Chauhan Nagar, Dhaliwal Nagar, Office & the residential colony of Dakshin Haryana Bijli Vitran Nigam, Petrol Pump, government offices are also located in the said vicinity. 1.6 Per contra, the State of Haryana claims that as per classification, the LAC has already awarded the proper and reasonable compensation and hence, there is no scope for enhancement. 2. Evidence Adduced 2.1 In fact, the RC decided the cases in two different batches. The first batch was decided on 16.03.2018. In the oral evidence, the landowners examined the following witnesses:- Witness Number Name of the Witness Sr. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. PW. 1/PW.9 PW. 2 PW. 3 PW. 4 PW. 5 PW. 6 PW. 7 PW. 8 PW. 9 PW. 10 PW. 11 PW. 12 PW. 13 PW. 14 PW. 15 PW. 16 PW. 17 PW. 18 PW. 19 PW. 20 PW. 21 Hari Parkash, Architect Hardeep Kaur Janak Raj Pala Ram, ALM, DHBVNL Dabwali Sukhdev Singh Kitab Singh, JE, Office of Town Planner, Sirsa Jagroop Singh Amritpal Singh Sukhbir Singh Sonika Rani Jagseer Singh Darshan Kumar Jagseer Singh Tajinder Singh Balkaran Singh Harcharan Singh Girdhari Lal Chhinder Singh Parveen Rani Ashwani Kumar Bhagwant Singh DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document
Legal Reasoning
Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 4 Sr. No. 22. 23. 24. 25. 26. 27. 28. Witness Number Name of the Witness PW. 22 PW. 23 PW. 24 PW. 25 PW. 26 PW. 27 PW. 29 Sukhdev Singh Randhir Singh Bhim Sain Narender Kumar, Lambardar Hari Ram, RC of the office of Sub Registrar, Dabwali Tara Chand Sharma, Advocate Vikas Singla 2.2 In documentary evidence, the landowners have also produced the following documents: Sr. No. Exhibit Number 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document Ex.P1 Ex.D1 Ex.R1 Ex.PW.4/A & Ex.PW.4/B Ex.PW.4/C to Ex.PW.4/F Ex.PW.6/A & Ex.PW.6/B Ex.PW.7/D Ex.PW.9/1 to Ex.PW.9/3 Ex.PW.9/4 Ex.PW.9/5 Ex.PW.9/6 Ex.PW.9/7 Ex.PW.9/8 Ex.PW.9/9 Ex.PW.9/10 Ex.PW.9/11 Ex.PW.9/12 Ex.PW.9/13 Description of the document Copy of Sizra of area of Mandi Dabwali Letter no.471 dated 13.3.2014 regarding renewal of License of Architect of the year 2014 Photo copy of Award No. 2 dated 15.5.2013 Photo copies of list of consumers of DHBVNL Electricity bills. Attested copies of Aks Sizra of village Dabwali Certified copy of mutation no. 8541 of village Dabwali. Photographs Certified copy of jamababdi for the years 2007-2008 Valuation report. Copy of Site plan Valuation report. site plan Photo copy of jamabandi for the years 2012- 2013 Evaluation report of valuation of immovable property. Photographs Site plan Certified copy of jamabandi for the years Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 5 Sr. No. Exhibit Number Description of the document 19. 20. 21. 22. 23. 24. 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. DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document Ex.PW.9/14 Ex.PW.9/15 Ex.PW.9/16 Ex.PW.9/17 to Ex.PW.9/19 Ex.PW.9/20 Ex.PW.9/21 Ex.PW.13/D Ex.PW.15/B Ex.PW.18/1 Ex.PW.18/2 Ex.PW.18/3 Ex.PW.18/8 to Ex.PW/18/10 Ex.PW.18/11 Ex.PW.18/12 Ex.P1 & Ex.P2 Ex.P2 to Ex.P12 Ex.P 13 Ex.P 14 Ex.P 15 Ex.P16 Ex.PW.26/A Ex.PW.27/A Ex.PX Ex.PW.29/B Ex.PW.29/C Ex.PW.29/D Ex.PW.29/E to Ex.PW.29/H Ex.PW.29/X Ex.PW.29/Y Ex.PW.29/Z 2012-2013 Valuation report. Site plan Photo copy of jamabandi for the years 2012- 2013 Photographs
Legal Reasoning
Valuation report. Site plan Photo copy of Award dated 11.4.2009 Copy of khasra girdawari of village Dabwali for the years 2010 Photo copy of Mulkhtiar -a-aam executed by Smt. Pushpa Devi Photo copy of Mulkhtiar-a-aam of Usha Rani Photo copy of Mukhtiara nama executed by Pardeep Kumar. Photo copy of collector rate Photo copies of collector rate Aks Sizra Photo copy of electricity bill Form J issued by M/s Surajmal Suresh Kumar Photo copy of application ofobjection raised against notification Postal receipt. Photo copy of application for compensation mode by Vidhya Devi Certified copy of Aks Sizra Photo copy of Will executed by Vidhay Devi Entries of register maintained by deed wrioter Certified copy of Judgment dated 12.4.2016 passed by the Hon'ble High Court. Death Certificate PAN Card. Voter card and PAN card of Vidhay Devi Photographs Photo copy of Mark sheet of Vikas Singla Pass Certificate Photo copy of statement of marks. Ex.PA1 & Ex.PA/2 Photo copy of Aks Sizra Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 6 Sr. No. Exhibit Number 50. 51. Ex.PA3 Ex.PA4 Description of the document Photostat copy of akash sizra of village Dabwali, Certified copy of jamabandi for the years 2012-2013 Ex.PA7 Ex.PA8 52. Ex.PA5 and Ex.PA6 Photo copy Gaz.of office of the Town Planner Photo copy of Roznamcha of village Dabwali 53. Photo copy of award No. 2 dated 15.5.2013 54. 55. Ex.PA9 to Ex.PA12 Postal receipt. 56. 57. 58. Objection u/s 5 A Valuation report. Corbon copy of receipot issued by office of M.C. Dabwali Photo copy of Aks Sizra Photographs Ex.PA13 Ex.PA14 Ex.PA15 to Ex.PA17 Ex.PA18 Ex.PA19 to Ex.PA22 Ex.PA23 Ex.PA24 Ex.PA25 Ex.PA26 Ex.PA27 Ex.PA28 Ex.PA29 Ex.PA30 to Ex.PA33 Ex.PA34 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. Certified copy of Aks Sizra Photostat copy of jamabandi for the years 2012-2013 Photo copy of Aks Sizra Certified copy of jamabandi for the years 2007-2008 Certified copy of mutation no. 14286 Certified copy of Aks sizra Photo copy of sale deed no.4223 dt. 13.11.2007 Postal receipts Copy of representation u/s 48 of the LA 2.3 On the other hand, the State of Haryana examined RW.1 Subhash Chander, Patwari, in the oral evidence and in the documentary evidence, the following documents were produced:- Sr. No. Exhibit Number Description of the document 1. 2. 3. 4. 5. Ex.R1 Ex.R2 Ex.R14 Ex.R15 Ex.R16 Authority Letter Application No. 801 dated 13.04.2017 Photocopy of notification No. 518 of 2010 Photocopy of Award No. 2 dated 15.05.2013 Photocopy of Aks Sizra DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document 2.4 In rebuttal evidence, the landowners produced the following Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 7 documents:- Sr. No. Exhibit Number Description of the document 1. 2. 3. 4. 5. Ex.PA35 Ex.PA36 Ex.PA37 Ex.PA38 Ex.PA39 Aks Shizra Notification No. 484 dated 21.05.2010 Photocopy of Notification No. 518 dated 20.05.2011 Consumer List Photo copy of Award No. 2 dated 15.05.2013 2.5 In batch-II, the RC decided the cases on 06.10.2018. The landowners apart from examining PW.1 Manjit Singh, produced the following documents: Sr. No. Exhibit Number Description of the document 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Ex.P1 Ex.P2 Ex.P3 Ex.P8 Ex.P9 Ex.P10 Ex.P11 Ex.P12 Ex.P13 Ex.P14 Ex.P15 Ex.P16 Ex.P17 Certified copy of award dated 15.05.2013 Certified copy of jamabandi for the year 2007- 2008 Certified copy of award dated 16.03.2018 Certified coy of orders of Hon’ble High Court Notification Notification Letter of M.C. Dabwali Certified copy of award No. 2 dated 15.05.2013 Certified copy of statement of Ahari Parkash Aks Sizra Jamabandi for the years 2012-2013 Jamabandi for the years 2007-2008 Jamabandi for the years 2007-2008 2.6 On the other hand, the State of Haryana has not led any oral evidence, but produced the following documents:- Sr. No. Exhibit Number Description of the document 1. 2. 3. 4. Ex.R1 Ex.R2 Ex.R3 Ex.R4 Notification Notification Copy of award No. 2 dated 15.05.2013 Photocopy of award dated 16.03.2018 DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 8 3. 3.1 Reasons Recorded by the RC The RC has excluded the sale deeds produced by the landowners as well as the State of Haryana from consideration. In fact, the landowners have substantially relied upon the sale deed No. 3749 dated 04.10.2007 (Ex.PW.18/4) with respect to the land measuring 24 kanals 4 marlas sold @ ₹2,17,51,767/- per acre to Amazon Enterprises for ₹6,97,99,096/-. The RC has ignored this sale instance on the ground that the property has been purchased by a colonizer, hence, it cannot be relied upon. The RC, while relying upon the market value assessed by the High Court in Ram Kanwar and Others v. State of Haryana (Ex.PX) for acquisition of the land as on 23.07.1997 @ ₹893/- per square yard, proceeded to calculate increase @ 12% per annum for a period of 13 years, assessed the market value @ ₹67,42,120/- per acre. 4. 4.1 Arguments putforth by the learned counsel representing the parties Heard the learned counsel representing the parties, at length and with their able assistance, perused the paper-book. 4.2 It would be noted here that the learned counsel representing the landowners have not made any submissions with regard to the amount assessed by the RC for the buildings/structures, tube-wells or trees. 4.3 Mr. Deepak Jain, Advocate, the learned counsel representing the appellants/landowners has submitted that the sale instance No. 3749, dated 04.10.2007 (Ex.PW.18/4) is out of the acquired land. He submits that without any basis, this sale instance has been ignored. While referring to the sale instance Nos. 3233, 3388 and 3415, he submits that the price of the DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 9 land was not less than ₹6,000/- per square yard i.e. nearly ₹3,00,00,000/- (Rupees Three Crore) per acre. The other counsels have also reiterated Mr. Jain’s submissions. 4.4 Per contra, the learned counsel representing the respondents, while referring to the sale instances produced by the State, submits that the RC has erred in assessing the market value at a uniform rate of ₹1,393/- per square yard. 5. 5.1 Discussion & Analysis This Court has analyzed, evaluated and considered the arguments advanced by the learned counsel representing the parties. 5.2 Ex.R16 is the layout plan produced by the State. Perusal of the notification under Section 4 of the 1894 Act proves that out of the revenue estate of old Dabwali, the land was acquired from rectangle No. 33, 35, 36, 37, 55, 56, 57, 58, 59 and 78, whereas in New Dabwali revenue estate, the land was acquired from rectangle No. 3, 5, 6, 19, 20, 21, 22, 23 and 24. The word “rectangle” in terms of the unit of agricultural land denotes a rectangular plot of 25 acres (5x5 acres). Perusal of the layout plans proves that approximately 10 acres of the acquired land is located on the national highway from Mandi Dabwali to Sirsa whereas the remaining acquired land is located at a depth away from the highway. It would be noted here that the land comprised in khasra No. 6 (min), 13(min), 14, 15, 16, 17, 18, 23, 24 and 25 out of rectangle No. 35 has been acquired. The sale deed No. 3749 dated 04.10.2007 is with respect to the land comprised in rectangle No. 36 khasra No. 14/1/2, 14/2/2, 15, 16, 17, 24/2 and 25. Similarly, the sale DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document instance No. 3388 dated 12.09.2007 is with respect to the plot measuring Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 10 56.86 square yards comprised in rectangle No. 36 khasra No. 7/1, 7/2 and 14/1. The sale instance No. 3415, dated 13.09.2007 is with respect to the plot measuring 60 square yards plot comprised in rectangle No. 36 khasra No. 7/1, 7/2 and 14/1. All three sale instances are with respect to the acquired land. Perusal of the layout plan proves that these three parcels of land are located on the national highway. The sale deed No. 898 dated 14.05.2010 (Ex.R3) produced by the State is with respect to the plot comprised in rectangle No. 35 khasra No. 4. Some part of rectangle No. 35 has also been acquired. Hence, this plot was very close to the acquired land. Similarly, the sale deed No. 5328, dated 02.03.2010 is with respect to the land comprised in rectangle No. 34 khasra No. 25 and rectangle No. 35 khasra No. 19/2 and 21. The plot is also close to the acquired land because land comprised in khasra No. 18 out of rectangle No. 35 has been acquired. Similarly, the sale deed No. 2843, dated 08.10.2009 (Ex.R7) pertains to the land comprising in rectangle No. 34 khasra No. 17/2, 18 and 24. Similar is the position of the sale deed No. 4143 dated 07.10.2010 which is comprised in khasra No. 16 out of rectangle No. 34. Thus, it is evident that the price of the strip of land upto the depth of 2 acres on the national highway was much higher when compared with the price of the acquired land beyond the depth of 2 acres from National Highway. Even as per the layout plan (Ex.PW.6/B) of Sector 10, Dabwali, proves that the government also utilized the front of the acquired land located on the national highway for commercial purpose, namely Commercial-cum-Shopping Complex, Fruits & Vegetables Market, Showrooms, Banquet Hall etc., whereas the property on the rear from DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document National Highway has been utilized for the residential purpose. Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 11 Consequently, the RC erred in assessing the market value of the acquired land uniformly. 5.3 It would be noted here that there is no evidence produced by the State to prove that the sale deed No. 3749 was artificially inflated or it was sold at excessive price. In the absence thereof, the landowners of a belt of 2 acres depth on the national highway are entitled to the price of commercial property. This price is corroborated by the sale instances No. 3388 and 3415, whereas the price of the land on the rear far away from National Highway is corroborated by the sale instance No. 898 (14.05.2010), 5328 (02.03.2010), 2843 (08.10.2009) and 4143 (07.01.2010). Hence, the RC erred in uniformly assessing the market value of the acquired land which is a huge chunk of the land measuring 197.56 acres. In the absence of evidence to prove that the land located beyond the depth of 2 acres was being utilized for commercial purpose, it was not appropriate for the RC to deprive the landowners of the belt of 2 acres depth abutting the national highway from the price of commercial property. 5.4 The sale deed No. 3749 is with respect to the land more than 3 acres (14641 square yards). This is considered as the base value for assessing the market value of strip of acquired land upto the depth of 2 acres from the national highway. This sale instance is of 04.10.2007 whereas the market value is to be determined on 21.05.2010. There is a difference of two years and eight months. The landowners shall be entitled to addition of 12% per annum on ₹2,17,51,767/-, the base value, which is equivalent to/calculated @ which is equivalent to/calculated at ₹2,87,12,333/- per acre. DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document 5.5 The RC has criticized the LAC’s award on the ground that Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 12 belting system used by the LAC while making an award is inappropriate. The RC has relied upon the judgment passed by the Supreme Court in Udho Dass v. State of Haryana (2010) 2 SCC 51 while setting aside the award of the LAC. In para 24 of the aforementioned judgment, the Supreme Court only held that in the peculiar facts of that case, belting system for assessing different market price is not appropriate. However, this judgment does not lay down as a ratio decidendi that price of the property should be uniformly assessed in all the cases. In the judgment, belting system has not been rendered insignificant. Hence, this judgment is not applicable to the facts of the present case. In fact, in Bijender and Others v. State of Haryana and Another (Civil Appeal No. 2846 of 2017, decided on 27.10.2017), the Supreme Court, in para 32 to 36, held that the market value of the front belt abutting the main road should be maximum while dividing the acquired land into three belts in order to ensure that every landowner is paid appropriate amount as per the prevalent market rate. The relevant discussion is extracted as under:- “32) Coming first to the question as to whether the Courts below were justified in applying the "Belting System” for determining the market rates of the acquired land in question? 33) We are of the considered opinion that keeping in view the nature, extent, size, surrounding and location of the acquired land, the Courts below were justified in applying Belting System for determining the market rate of the acquired land. 34) One cannot dispute that the Belting System is a judicially accepted method for determining the fair market value of the DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 13 acquired land. It is applied in appropriate cases when different parcels of lands with different survey numbers belonging to different owners and having different locations are acquired which put together comprises of a large chunk of land. Such chunk cannot be taken as a compact block. 35) The acquired land having a frontage abutting the highway/main road always has a better value as compared to the land, which is away from the highway/main road. Indeed, farther the land from the highway/main road, lesser the value of such land. In such a situation, where large pieces of land having different locations are acquired, Belting System is considered apposite for determining the market value of the lands. (see – Union of India & Ors. vs. Mangatu Ram & Ors. 1997 (6) SCC 59 and Andhra Pradesh Industrial Infrastructure Corporation Limited vs. G. Mohan Reddy & Ors. 2010 (15) SCC 412). 36) In Belting System, the acquired land is usually divided in two or three belts depending upon the facts of each case. The market value of the front belt abutting the main road is taken to fetch maximum value whereas the second belt fetches two third or so of the rate determined in relation to the first belt and the third belt, if considered proper to carve out, fetches half or so of the maximum. It is again depending upon facts of each case.” Hence, the RC erred in adversely commenting upon the belting system DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document adopted by the LAC. Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 14 5.6 With respect to the remaining acquired land which is located beyond the depth of 2 acres from the Sirsa-Dabwali road (National Highway), the landowners have not produced any sale instance which may prove that the amount offered by the LAC @ ₹40,00,000/- per acre was not adequate. The sale instance No. 5238 (02.03.2010 Ex.R2) is with respect to the plot measuring 5 marlas approximately 150 square yards sold out of rectangle No. 35 khasra No. 19 and 21 whereas the land comprised in rectangle No. 35 khasra Nos. 18 and 23 have been acquired. Hence, it was abutting the acquired land. A bare look at the layout plan also affirms the aforesaid conclusion. This residential plot measuring 150 square yards was sold just two months before the date of notification. The per acre rate of the land comes to ₹29,44,000/-. Similarly, the sale instance No. 898, dated (Ex.R3) which is also abutting the acquired land has been sold @ ₹40,00,000/- per acre. The sale instances No.2843 and 4143 also prove that the rate of the land was ₹40,00,000/- per acre. Hence, the RC has erred in assessing the market value of the acquired land beyond the depth of 2 acres @ ₹67,42,120/- per acre. Section 25 of the 1894 Act restricts the awarding of the amount lower than the amount assessed by the LAC. Consequently, the market value of ₹40,00,000/- per acre assessed by the LAC for the land located beyond the depth of 2 acres from National Highway is maintained. 5.7 The RC has also committed another illegality while relying upon the judgment (Ex.PX) which was passed with respect to the acquisition made in 1997. In The General Manager, Oil & Natural Gas Corporation Limited v. Rameshbhai Jivanbhai Patel (2008) 14 745, the Supreme Court DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document held that the Court should not proceed to assess the market value of the Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 15 acquired land by assuming consistent increase @ 12% per annum continuously for a period of more than 4/5 years. 6. 6.1 Decision Keeping in view the aforesaid facts and discussion, all the
Decision
appeals are disposed of and the market value of the acquired land is assessed as under:- S.No. Particulars of the land 1. 2. Landowners upto the depth of 2 acres from Sirsa-Dabwali Road Land beyond the depth of 2 acres from Sirsa-Dabwali Road Amount assessed per acre (In ₹) 2,87,12,333/- 40,00,000/- 6.2 The miscellaneous application(s) pending, if any, in all the appeals, shall stand disposed of. (Anil Kshetarpal) Judge April 07, 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. DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document RFA-1000-2019 RFA-1001-2019 State of Haryana Through Collector, Sirsa Vs. Satpal Singh State of Haryana and Another Vs. Balwant Singh Alias Banta Singh and Another RFA-1002-2019 State of Haryana and Another Vs. Jagseer Singh RFA-1003-2019 RFA-1009-2023 RFA-11-2020 RFA-1114-2019 RFA-1115-2019 RFA-1116-2019 State of Haryana Through Collector Vs. Baljinder Singh and Others Vidhya Devi (Now Deceased) Through Lr Vs. State of Haryana and Others Amit Kumar and Others Vs. State of Haryana and Another State of Haryana, Through Collector, Sirsa Vs. Rajinder Kaur and Other State of Haryana Through Collector Vs. Sukhdev Singh and Others State of Haryana Through Collector and Another Vs. Sardool Singh and Others Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 16 Sr. No. Case No. 10. RFA-1117-2019 11. RFA-1118-2019 12. RFA-1119-2019 13. RFA-1120-2019 14. RFA-1121-2019 15. RFA-1122-2019 16. RFA-1123-2019 17. RFA-1124-2019 18. RFA-1125-2019 19. RFA-1126-2019 20. RFA-1127-2019 21. RFA-1128-2019 22. RFA-1129-2019 23. RFA-1130-2019 24. RFA-1131-2019 Party’s Name State of Haryana and Another Vs. Bhim Sain and Another State of Haryana Through Collector Vs. Leela Devi and Others State of Haryana Through Collector Vs. Harcharan Singh and Others. State of Haryana Through Collector Vs. Harbans Kaur and Others State of Haryana Through Collector, Sirsa Vs. Khalsa High School Education Society and Others State of Haryana Through Collector Vs. Sham Lal and Another State of Haryana Through Collector, Sirsa Vs. Pardeep Kumar and Another State of Haryana Through Collector, Sirsa Vs. Ashok Kumar and Others State of Haryana Through Collector, Sirsa Vs. Leela Krishan and Other State of Haryana Through Collector, Sirsa Vs. Mani Ram and Others State of Haryana Through Collector, Sirsa Vs. Harinder Pal Kaur and Others State of Haryana Through Collector, Sirsa Vs. Harpreet Kaur and Others State of Haryana Through Collector, Sirsa Vs. Kashmiri Lal and Others State of Haryana Through Collector, Sirsa Vs. Shashi Bala and Others State of Haryana Through Collector, Sirsa Vs. Gurjeet Kaur and Others RFA-12-2020 Ranvir Singh Vs. State of Haryana and Another 25. 26. RFA-1218-2019 27. RFA-1225-2019 28. RFA-1226-2019 29. RFA-1219-2019 30. RFA-1220-2019 31. RFA-1221-2019 32. RFA-1222-2019 33. RFA-1223-2019 34. RFA-1224-2019 State of Haryana Through Collector, Sirsa Vs. Madan Lal and Others State of Haryana Through Collector, Sirsa Vs. Parveen Rani and Others State of Haryana Through Collector, Sirsa Vs. Narender Kumar and Others State of Haryana Through Collector, Sirsa Vs. Sukhbir Kaur and Others State of Haryana Through Collector, Sirsa, District Sirsa Vs. Tusha Rani and Another State of Haryana Through Collector, Sirsa Vs. Pardeep Kumar and Others State of Haryana Through Collector, Sirsa Vs. Manju Walia and Others State of Haryana Through Collector, Sirsa, District Sirsa Vs. Pushpa Devi and Another State of Haryana and Another Vs. Hardeep Kaur and Others DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document 35. RFA-13736-2018 Khalsa High School Education Society Dabwali Vs. State Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 17 Sr. No. Case No. Party’s Name 36. RFA-1435-2019 37. RFA-1436-2019 38. RFA-1437-2019 39. RFA-1438-2019 40. RFA-1439-2019 41. RFA-1440-2019 42. RFA-1441-2019 43. RFA-1442-2019 44. RFA-1443-2019 45. RFA-1444-2019 46. RFA-1445-2019 47. RFA-1446-2019 48. RFA-1447-2019 49. RFA-1448-2019 50. RFA-1449-2019 51. RFA-1450-2019 52. RFA-1451-2019 53. RFA-1452-2019 54. RFA-1453-2019 55. RFA-1454-2019 56. RFA-1455-2019 57. RFA-1456-2019 58. RFA-1457-2019 59. RFA-1458-2019 of Haryana and Others. State of Haryana Through Collector, Sirsa Vs. Bishamber Dayal and Others State of Haryana Through Collector, Sirsa Vs. Jagdish Rai and Others State of Haryana Through Collector, Sirsa Vs. Parveen Rani and Others State of Haryana Through Collector, Sirsa Vs. Sunita Rani and Others State of Haryana Through Collector, Sirsa Vs. Manju and Others State of Haryana Through Collector, Sirsa Vs. Charanjit Singh and Others State of Haryana Through Collector, Sirsa Vs. Ashok Kumar and Others State of Haryana Through Collector, Sirsa Vs. Jarnail Kaur and Others State of Haryana Through Collector, Sirsa Vs. Raj Rani and Others State of Haryana Through Collector, Sirsa Vs. Tajinder Singh and Others State of Haryana Through Collector, Sirsa Vs. Karam Pal and Others State of Haryana Through Collector, Sirsa Vs. Deep Chand and Others State of Haryana Through Collector, Sirsa Vs. Banta Singh and Others State of Haryana Through Collector and Another Vs. Parvesh Rani and Another State of Haryana and Another Vs. Shakuntla Rani @ Renu Bala and Others State of Haryana, Through Collector, Sirsa Vs. Pushpa Rani and Others State of Haryana, Through Collector, Sirsa Vs. Krishan Kumar and Others State of Haryana Through Collector, Sirsa and Another Vs. Jagdish Chand and Others State of Haryana Through Collector, Sirsa Vs. Gurdeep Singh and Others State of Haryana Through Collector, Sirsa Vs. Baldev Singh and Others State of Haryana Through Collector, Sirsa and Another Vs. Santosh State of Haryana Through Collector, Sirsa Vs. Sukhwinder Kaur and Others State of Haryana Through Collector, Sirsa Vs. Vijay Pal and Others State of Haryana Through Collector, Sirsa Vs. Gurjant Singh and Others DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document 60. RFA-1459-2019 State of Haryana Through Collector, Sirsa Vs. Tara Singh Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 18 Sr. No. Case No. Party’s Name 61. RFA-1460-2019 62. RFA-1461-2019 63. RFA-1462-2019 64. RFA-1463-2019 65. RFA-1464-2019 66. RFA-1465-2019 67. RFA-1466-2019 68. RFA-1467-2019 69. RFA-1468-2019 70. RFA-1469-2019 71. RFA-1470-2019 72. RFA-1471-2019 73. RFA-1472-2019 74. RFA-1473-2019 and Others State of Haryana Through Collector, Sirsa and Another Vs. Rajinder Singh and Another State of Haryana Through Collector, Sirsa Vs. Baljinder Singh and Others State of Haryana Through Collector, Sirsa and Another Vs. Dara Singh and Another State of Haryana Through Collector, Sirsa Vs. Jagroop Singh and Others State of Haryana Through Collector, Sirsa Vs. Bhagwant Singh and Others State of Haryana Through Collector, Sirsa Vs. Kanta Devi and Others State of Haryana Through Collector, Sirsa Vs. Ashok Kumar and Others State of Haryana Through Collector, Sirsa and Others Vs. Sukhraj Kaur and Another State of Haryana Through Collector, Sirsa Vs. Sonika Rani and Others State of Haryana Through Collector, Sirsa and Another Vs. Paras Ram and Another State of Haryana Through Collector, Sirsa Vs. Sunita and Others State of Haryana Through Collector, Sirsa and Another Vs. Manjit Kaur and Another State of Haryana Through Collector, Sirsa Vs. Arjan Dass and Others State of Haryana Through Collector, Sirsa Vs. Sukhbir Singh and Others RFA-16-2020 Deepak Bansal Vs. State of Haryana and Another State of Haryana and Another Vs. Manjit Kaur and Another State of Haryana, Through Collector, Sirsa Vs. Jagseer Singh and Other State of Haryana, Through Collector, Sirsa Vs. Harbans Kaur and Others Satpal Singh and Another Vs. State of Haryana and Another Narender Singh and Others Vs. State of Haryana and Another RFA-1607-2019 77. RFA-1608-2019 78. RFA-1857-2019 79. RFA-2068-2019 80. RFA-2069-2019 75. 76. 81. 82. 83. RFA-2070-2019 Narender Singh Vs. State of Haryana and Another RFA-2071-2019 Tejinder Singh Vs. State of Haryana and Others RFA-277-2019 84. RFA-278-2019 85. RFA-279-2019 DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document 86. RFA-280-2019 State of Haryana, Through Collector, Sirsa Vs. Parwati Devi and Others State of Haryana Through Collector, Sirsa Vs. Janak Raj @ Raj Singh and Others State of Haryana Through Collector, Sirsa Vs. Sarwan Singh and Others State of Haryana Through Collector, Sirsa Vs. Rajbir Kaur and Others Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 19 Sr. No. Case No. 87. RFA-281-2019 88. RFA-282-2019 89. RFA-283-2019 90. RFA-284-2019 91. RFA-285-2019 92. RFA-286-2019 Party’s Name State of Haryana Through Collector, Sirsa Vs. Randhir Singh and Others State of Haryana Through Secretary, Haryana Urban Development Authority, Haryana, Chandigarh Vs. Tejinder Singh and Others State of Haryana Through Collector, Sirsa Vs. Sukbhir Singh and Others State of Haryana Through Collector, Sirsa Vs. Pritam Kumar and Others State of Haryana Through Collector, Sirsa Vs. Darshan Singh and Others State of Haryana Through Collector, Sirsa Vs. Narender Singh and Others RFA-3432-2018 Jagseer Singh Vs. State of Haryana and Others RFA-3433-2018 95. RFA-3434-2018 Balwant Singh @ Banta Singh Vs. State of Haryana and Others Jagseer Singh @ Jagsir Singh and Others Vs. State of Haryana and Others RFA-3872-2018 Sarwan Singh Vs. State of Haryana and Others. RFA-3873-2018 98. RFA-3874-2018 99. RFA-3875-2018 Jagdish Chand and Others. Vs. State of Haryana and Others. Baljant Singh @ Baljit Singh @ Balwant Singh and Others. Vs. State of Haryana and Others. Sardool Singh and Others. Vs. State of Haryana and Others. RFA-3876-2018 Smt. Santosh Vs. State of Haryana and Others RFA-3877-2018 Sukhdev Singh and Others Vs. State of Haryana and Others RFA-3878-2018 Karam Pal Vs. State of Haryana and Others. RFA-3879-2018 Nachhatar Kaur Vs. State of Haryana and Others RFA-3880-2018 Shakuntla Rani @ Renu Bala and Others Vs. State of Haryana and Others RFA-3881-2018 Jagdish Chand Vs. State of Haryana and Others. RFA-3882-2018 107. RFA-3883-2018 108. RFA-3884-2018 Sukhwinder Kaur and Another. Vs. State of Haryana and Others. Darshan Singh and Another. Vs. State of Haryana and Others. Bhagwant Singh and Others. Vs. State of Haryana and Others. 93. 94. 96. 97. 100. 101. 102. 103. 104. 105. 106. 109. 110. 111. 112. 113. 114. 115. DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document RFA-3885-2018 Kashmiri Lal Vs. State of Haryana and Others. RFA-3886-2018 Leela Krishan Vs. State of Haryana and Others. RFA-3888-2018 Sukhbir Singh Vs. State of Haryana and Others. RFA-3889-2018 Janak Raj @ Raj Singh Vs. State of Haryana and Others. RFA-3889-2019 Ranvir Singh Vs. State of Haryana and Another RFA-3890-2018 RFA-3891-2018 Naredner Kumar and Another. Vs. State of Haryana and Others. Harbans Kaur Deceased Thr Lrs and Others Vs. State of Haryana and Others Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 20 Sr. No. Case No. 116. RFA-3894-2018 Party’s Name Harbans Kaur and Others Vs. State of Haryana and Others RFA-3895-2018 Arjan Dass Vs. State of Haryana and Others RFA-3896-2018 Rajinder Kaur Vs. State of Haryana and Others RFA-3897-2018 120. RFA-3898-2018 121. RFA-3899-2018 Baldev Singh and Others. Vs. State of Haryana and Others. Sukhdev Singh and Others. Vs. State of Haryana and Others. Tara Singh Thr Lrs and Others Vs. State of Haryana and Others RFA-3900-2018 Banta Singh Vs. State of Haryana and Others RFA-3901-2018 Baljinder Singh Vs. State of Haryana and Others. RFA-3902-2018 125. RFA-3903-2018 126. RFA-3904-2018 127. RFA-3905-2018 128. RFA-3906-2018 Sadhu Singh and Others. Vs. State of Haryana and Others. Jagtar Singh and Others. Vs. State of Haryana and Others. Sukhbir Singh and Another Vs. State of Haryana and Others Harcharan Singh and Others. Vs. State of Haryana and Others. Balkaran Singh and Another Vs. State of Haryana and Others RFA-4044-2018 Tusha Rani Vs. State of Haryana & Another RFA-4045-2018 Pushpa Devi Vs. State of Haryana and Another RFA-4046-2018 Girdhari Lal Vs. State of Haryana & Another RFA-4047-2018 Pardeep Kumar Vs. State of Haryana and Another RFA-41-2020 Shashi Bala Vs. State of Haryana and Another RFA-4519-2018 Rajesh Kumar Vs. State of Haryana and Others RFA-4520-2018 Sunita Rani Vs. State of Haryana and Others RFA-4521-2018 Virender Kumar Vs. State of Haryana and Others RFA-4522-2018 Pardeep Kumar Vs. State of Haryana & Others RFA-4523-2018 Manju Vs. State of Haryana and Others RFA-4524-2018 Bishamber Dayal Vs. State of Haryana and Others RFA-4808-2018 Sidharath Vs. State of Haryana and Others RFA-5168-2018 Charanjit Singh Vs. State of Haryana and Others RFA-5169-2018 Sukhbir Kaur Vs. State of Haryana and Others RFA-5204-2018 Sham Lal Vs. State of Haryana and Others 117. 118. 119. 122. 123. 124. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. RFA-522-2019 145. RFA-535-2019 146. RFA-702-2019 147. 148. RFA-703-2019 RFA-704-2019 Deep Chand and Another Vs. State of Haryana and Others Manjit Singh and Another Vs. State of Haryana and Others State of Haryana,Through Collector, Sirsa Vs. Sunita Rani and Others State of Haryana Vs. Surejit Singh and Others State of Haryana Through Land Acquisition Collector, Urban Estate Vs. Rajesh Kumar and Others DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document 149. RFA-705-2019 State of Haryana Through Collector, Sirsa Vs. Sidharath Regular First Appeal No. 3216 of 2018 (O&M) And Other Connected Cases 21 Sr. No. Case No. Party’s Name 150. RFA-706-2019 151. RFA-707-2019 152. RFA-708-2019 153. RFA-709-2019 154. RFA-710-2019 155. RFA-711-2019 156. RFA-712-2019 157. RFA-713-2019 158. RFA-747-2019 159. RFA-748-2019 160. RFA-749-2019 161. 162. 163. 164. RFA-750-2019 RFA-751-2019 RFA-752-2019 RFA-994-2019 165. RFA-995-2019 166. RFA-996-2019 167. RFA-997-2019 168. RFA-998-2019 169. RFA-999-2019 and Others State of Haryana Through Collector, Sirsa Vs. Virender Kumar and Others State of Haryana Through Collector, Sirsa Vs. Veena Rani and Others State of Haryana Through Collector, Sirsa Vs. Muskan and Others State of Haryana, Through Collector, Sirsa Vs. Baljant Singh @ Baljit Singh @ Balwant Singh and Others State of Haryana, Through Collector, Sirsa Vs. Jagdish Chand and Others State of Haryana, Through Collector, Sirsa Vs. Nachhatar Kaur and Others State of Haryana, Through Collector, Sirsa Vs. Sadhu Singh and Others State of Haryana, Through Collector, Sirsa Vs. Narender Singh and Another State of Haryana, Through Collector, Sirsa Vs. Manjit Singh and Others State of Haryana, Through Its Collector, Sirsa Vs. Mahinder Singh and Others State of Haryana and Others Vs. Deepak Bansal and Others State of Haryana and Others Vs. Ranvir Singh and Others State of Haryana and Others Vs. Ranvir Singh and Others State of Haryana and Others Vs. Amit Kumar and Others State of Haryana Through Collector, Sirsa Vs. Balkaran Singh and Others State of Haryana Through Collector, Sirsa Vs. Sukhdev Singh and Others State of Haryana Through Collector, Sirsa Vs. Jagtar Singh and Others State of Haryana Through Collector, Sirsa Vs. Girdhari Lal and Another State of Haryana and Another Vs. Sukhdev Singh and Others State of Haryana and Another Vs. Ashwani Kumar and Another (Anil Kshetarpal) Judge April 07, 2025 “DK” DEEPAK KUMAR BHARDWAJ 2025.04.30 10:23 I attest to the accuracy and integrity of this document