01.09.2025 Daya Ram and ors. Daya Ram and ors. … v. State of Haryana & Ors. State of Haryana
Case Details
RFA No.589 of 20 of 2017 (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 ***** CMs-4889 RFA No.589 4889-90-CI-2023 in/and 589 of 2017 (O&M) Date of Decision: 01.09.2025 Date of Decision: 01.09.2025 Daya Ram and ors. Daya Ram and ors. …...Appellants Versus State of Haryana & Ors. State of Haryana ..….Respondents
Legal Reasoning
HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Kulbhushan Sharma, Advocate Mr. Kulbhushan Sharma, Advocate for the applicant-appellants/ landowner for the applicant / landowners. Mr. Abhishek Yadav, DAG, Haryana. Mr. Abhishek Yadav, DAG, Haryana. Mr. Abhishek Yadav, DAG, Haryana. --- HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) 2023 CM-4889-CI-2023 Application for impleading LRs of appellant No.2 Application Sarda Ram is for impleading LRs of appellant No.2-Sarda Ram is allowed, as prayed for, subject to all just exceptions. The applicants allowed, as prayed for, subject to all just exceptions. The applicants allowed, as prayed for, subject to all just exceptions. The applicants allowed, as prayed for, subject to all just exceptions. The applicants mentioned in para 2 of the application are ordered to be brought on record as para 2 of the application are ordered to be brought on record as are ordered to be brought on record as legal representatives of appellant No. 2 (Sarda Ram), legal representatives of appellant No. pursue the present (Sarda Ram), to pursue the present appeal. CM-4890-CI-202 2023 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 21.04.2017 passed in the main appeal. 21.04.2017 passed in the main appeal. 2. applicants/ respondents has Notice of the application to non-applicants/ respondents has Notice of the application to non Notice of the application to non already been issued on 02.08.2024. already been issued on 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 , 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 SANJAY GUPTA 2025.09.03 16:28 I attest to the accuracy and integrity of this document RFA No.589 of 20 of 2017 (O&M) appellant(s) and other landowners and other landowners, situated , situated in the revenue estate of Village in the revenue estate of Villages , 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 dential and commercial of Sectors 76 to 78 , Faridabad. 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”), , assessed the market value of acquired land @ vide Award dated 04.02.2011, assessed the market value of acquired land @ , assessed the market value of acquired land @ vide Award dated Rs. 42,00,000/- atutory benefits. - per acre alongwith other statutory benefits. 4. preferred reference under Aggrieved thereof, the applicants preferred reference under Aggrieved thereof, the applicant Aggrieved thereof, the applicant 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/ ference Court was assailed before this Court by The said award of the Reference Court was assailed before this Court by ference Court was assailed before this Court by The said award of the Re 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 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 by this Court vide order dated 21.04.2017 in terms of the order passed in RFA- this Court vide order dated 21.04.2017 in terms of the order passed in RFA this Court vide order dated 21.04.2017 in terms of the order passed in RFA this Court vide order dated 21.04.2017 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 and anr.” 5. did not assail the order dated 21.04.2017 Though the applicants did not assail the order dated 21.04.2017 did not assail the order dated 21.04.2017 Though the applicant 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 value with respect to the present acquisition Court and the market value with respect to the present acquisition value with respect to the present acquisition Court and the market 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 hat 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 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 SANJAY GUPTA 2025.09.03 16:28 I attest to the accuracy and integrity of this document RFA No.589 of 20 of 2017 (O&M) 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 Faridabad, whereby the Bhatola and Murtajapur Tehsil & District Faridabad, 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/- her statutory per square yard, respectively, along with solatium and other statutory per square yard, respectively, along with solatium and ot per square yard, respectively, along with solatium and ot benefits. 7. Based upon the above, applying the principle of parity, besides Based upon the above, applying the principle of parity, besides Based upon the above, applying the principle of parity, besides Based upon the above, applying the principle of parity, besides 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 Vs. Special Land Acquisition Officer and Angadi (Dead) through LRs Vs. Special Land Acquisition Officer and Vs. Special Land Acquisition Officer and Angadi (Dead) through LRs