NOW DECEASED) THROUGH HIS LRS AND OTHERS HIS LRS AND OTHERS v. STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS
Case Details
EFA-14-2025 (O&M) 2025 (O&M) 207-3 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 [1 1] EFA-14- -2025 (O&M) Date of Decision: 05.12.2025 Date of Decision: RAM SAWARUP @ RAM ROOP (NOW DECEASED) THROUGH RAM SAWARUP @ RAM ROOP (NOW DECEASED) THROUGH RAM SAWARUP @ RAM ROOP (NOW DECEASED) THROUGH HIS LRS AND OTHERS HIS LRS AND OTHERS ........ APPELLANTS Versus STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. ........ RESPONDENTS ........ RESPONDENTS CORAM:
Legal Reasoning
HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present:- Mr.Shivansh Malik, Advocate for the , Advocate for the appellants. Ms. Komal Sharma, DAG, Haryana. Ms. Komal Sharma, DAG, Haryana. Mr. H.S.Gill, Advocate for HSVP. Mr. H.S.Gill, Advocate for HSVP. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) 1. By way of present appeal challenge h as been made to an challenge has been made to an ssed by learned Executing Court at order dated 20.09.2025 passed by learned Executing Court at ssed by learned Executing Court at order dated 2 Rohtak. 2. In the present case, some land owned by the appellants In the present case, some land owned by the appellants In the present case, some land owned by the appellants of Village Pehrawar, landowners situated within the revenue estate of Village Pehrawar, landowners situated within the revenue landowners situated within the revenue came to be acquired for the public purpose of carving District Rohtak, came to be acquired for the public purpose of carving came to be acquired for the public purpose of carving District Rohtak ide out of Sector 26, HSVP Rohtak. The Land Acquisition Collector vide out of Sector 26, HSVP Rohtak. The Land Acquisition Collector v out of Sector 26, HSVP Rohtak. The Land Acquisition Collector v assessed its Award dated 03.07.2009 assessed its Award dated @ the market value @ the market value Rs.20,00,000/ 20,00,000/- per acre. 3. landowners filed Being aggrieved thereof, the appellants-landowners filed Being aggrieved thereof, the appellants their objections, which were referred to the competent court vide LAC their objections, which were referred to the competent court vide LAC their objections, which were referred to the competent court vide LAC their objections, which were referred to the competent court vide LAC Case No.1130 1130 of 2010. The same was decide and of 2010. The same was decided on 31.05.2017 and ANJAL GUPTA 2025.12.09 17:34 I attest to the accuracy and integrity of this document EFA-14-2025 (O&M) 2025 (O&M) [2 2] the market value was enhanced to Rs.2 the market value . Still enhanced to Rs.21,45,000/- per acre. Still filed Regular First Appeal wherein aggrieved, appellants No.1 to 10 filed Regular First Appeal wherein filed Regular First Appeal wherein aggrieved, appellants No.1 to 1 were impleaded as proforma respondents. appellants No.11 to 22 were impleaded as proforma respondents. appellants No.1 4. The said Regular First Appeal (RFA of 2017) Regular First Appeal (RFA No.5363 of 2017) was decided by this Court vide judgment dated 16.03.2022 and the was decided by this Court vide judgment dated 16.03.2022 and the was decided by this Court vide judgment dated 16.03.2022 and the was decided by this Court vide judgment dated 16.03.2022 and the per acre alongwith market value was enhanced to Rs.42,51,000/- per acre alongwith market value was enhanced to Rs.42,51,000/ market value was enhanced to Rs.42,51,000/ benefits. other benefits. 5. on the aforesaid, all the appellants preferred Based on the aforesaid, all the appellants preferred on the aforesaid, all the appellants preferred Execution Petition No.677 of 2019 in LAC Case No. Execution Petition No.67 of 2010 and AC Case No.1130 of 2010 and of 2017. The said Execution Application has been RFA No.5363 of 2017. The said Execution Application has been of 2017. The said Execution Application has been RFA No.5
Decision
rder disposed of by the Learned Executing Court while passing the order disposed of by the Learned Executing Court while passing the o disposed of by the Learned Executing Court while passing the o 0.09.2025 whereby the Execution Petition with respect to dated 20.09.2025 whereby the Execution Petition with respect to 0.09.2025 whereby the Execution Petition with respect to 0.09.2025 whereby the Execution Petition with respect to has been dismissed on the ground that they appellants No.11 to 22 has been dismissed on the ground that they has been dismissed on the ground that they appellants No.1 3 of 2017 were not the appellants before this Court in RFA No.5563 of 2017 were not the appellants before this Court in RFA No.55 were not the appellants before this Court in RFA No.55 whereas with respect to appellants No.1 to 10 whereas with , the same has been respect to appellants No.1 to 10, the same has been disposed of with the direction to respondents disposed of with the direction enhanced to respondents to deposit the enhanced compensation amount within one month. It compensation the same order which amount within one month. It is the same order which has been impugned by way of present appeal. has been impugned by way of present appeal. has been impugned by way of present appeal. 6. I have heard learned counsel for the parties and have I have heard learned counsel for the parties and have I have heard learned counsel for the parties and have gone through the records. gone through the records. 7. In terms of Order 41 Rule 4 of the Code of Civil Rule 4 of the Code of Civil Procedure, 1908, once the appellants No. Procedure, 1908 re impleaded as the appellants No.11 to 22 were impleaded as respondents No.3 to 7, 9, 10, 12 to 14, 19 respondents No. in the Regular First , 9, 10, 12 to 14, 19 & 20 in the Regular First 2017, the decision passed therein Appeal bearing RFA No.5563 of 2017, the decision passed therein 2017, the decision passed therein Appeal bearing ANJAL GUPTA 2025.12.09 17:34 I attest to the accuracy and integrity of this document EFA-14-2025 (O&M) 2025 (O&M) compensation even applied to their with respect to the enhanced compensation even applied to their compensation even applied to their with respect to [3 3] rights as well as well and as such, they and as such, they rightly filed execution the execution application(s). Reference in this regard may be made to the order application(s). Reference in this regard may be made to the order application(s). Reference in this regard may be made to the order application(s). Reference in this regard may be made to the order dated 01.12.2022 passed by this Court dated 01.12.2022 passed . The by this Court in RFA No.832 of 2022. The relevant part of the said order extracted hereinafter:- relevant part of the said order extracted hereinafter: relevant part of the said order extracted hereinafter: Subhash, Sh. Ramesh Kumar and Sh. “Sh. Dalel Singh, Sh. Subhash, Sh. Ramesh Kumar and Sh. Subhash, Sh. Ramesh Kumar and Sh. Bijender Singh who are the sons of Sh. Lal Chand were joint owners Bijender Singh who are the sons of Sh. Lal Chand were joint owners Bijender Singh who are the sons of Sh. Lal Chand were joint owners Bijender Singh who are the sons of Sh. Lal Chand were joint owners of the property which was acquired by the State of Haryana. All the of the property which was acquired by the State of Haryana. All the of the property which was acquired by the State of Haryana. All the of the property which was acquired by the State of Haryana. All the brothers noted above filed a joint application to the Collector under brothers noted above filed a joint application to the Collector under brothers noted above filed a joint application to the Collector under brothers noted above filed a joint application to the Collector under Land Acquisition Act, 1894, with a request to refer Section 18 of the Land Acquisition Act, 1894, with a request to refer Land Acquisition Act, 1894, with a request to refer Section 18 of the the matter to the Court. On being referred, the Reference Court vide the matter to the Court. On being referred, the Reference Court vide the matter to the Court. On being referred, the Reference Court vide the matter to the Court. On being referred, the Reference Court vide LAC Case No.937 of 2010, decided on 30.10.2015, passed a LAC Case No.937 of 2010, decided on 30.10.2015, passed a LAC Case No.937 of 2010, decided on 30.10.2015, passed a LAC Case No.937 of 2010, decided on 30.10.2015, passed a common judgment deciding the joint claim of all the brothers. Sh. common judgment deciding the joint claim of all the brothers. Sh. common judgment deciding the joint claim of all the brothers. Sh. common judgment deciding the joint claim of all the brothers. Sh. . Ramesh Kumar and Sh. Bijender Singh filed an Subhash, Sh. Ramesh Kumar and Sh. Bijender Singh filed an . Ramesh Kumar and Sh. Bijender Singh filed an Subhash, Sh appeal while Sh. Dalel Singh (appellant) was impleaded as proforma appeal while Sh. Dalel Singh (appellant) was impleaded as proforma appeal while Sh. Dalel Singh (appellant) was impleaded as proforma appeal while Sh. Dalel Singh (appellant) was impleaded as proforma respondent as he was not available for signing the required respondent as he was not available for signing the required respondent as he was not available for signing the required respondent as he was not available for signing the required documents. The appeal filed by the aforesaid three brothers was documents. The appeal filed by the aforesaid three brothers was documents. The appeal filed by the aforesaid three brothers was documents. The appeal filed by the aforesaid three brothers was al has been filed by Sh. Dalel Singh claiming the allowed. This appeal has been filed by Sh. Dalel Singh claiming the al has been filed by Sh. Dalel Singh claiming the allowed. This appe same amount of compensation. In fact, the case of the appellant same amount of compensation. In fact, the case of the appellant same amount of compensation. In fact, the case of the appellant same amount of compensation. In fact, the case of the appellant remaining three brothers. already stands decided along with his remaining three brothers. already stands decided along with his already stands decided along with his Once a joint reference petition was filed by all the four brothers, Once a joint reference petition was filed by all the four brothers, Once a joint reference petition was filed by all the four brothers, Once a joint reference petition was filed by all the four brothers, decided by the Reference Court by a common judgment, which was decided by the Reference Court by a common judgment, decided by the Reference Court by a common judgment, which was then, the appeal, even if filed by only three brothers, shall enure to then, the appeal, even if filed by only three brothers, shall enure to then, the appeal, even if filed by only three brothers, shall enure to then, the appeal, even if filed by only three brothers, shall enure to the benefit of the appellant. There was a joint decree in favour of the benefit of the appellant. There was a joint decree in favour of the benefit of the appellant. There was a joint decree in favour of the benefit of the appellant. There was a joint decree in favour of ling the four brothers. It is not the case of the appellant that while filing the four brothers. It is not the case of the appellant that while fi four brothers. It is not the case of the appellant that while fi appeal by his brothers, the rights of appellant were relinquished or appeal by his brothers, the rights of appellant were relinquished or appeal by his brothers, the rights of appellant were relinquished or appeal by his brothers, the rights of appellant were relinquished or surrendered. surrendered. In such a situation, in terms of Order XLI Rule 4 of the Code In such a situation, in terms of Order XLI Rule 4 of the Code In such a situation, in terms of Order XLI Rule 4 of the Code of Civil Procedure, 1908, the appellant shall be deemed to be of Civil Procedure, 1908, the appellant shall be deemed to be of Civil Procedure, 1908, the appellant shall be deemed to be of Civil Procedure, 1908, the appellant shall be deemed to be entitled to the same amount as payable to the remaining three entitled to the same amount as payable to the remaining three entitled to the same amount as payable to the remaining three entitled to the same amount as payable to the remaining three brothers in terms of judgment passed in Regular First Appeal brothers in terms of judgment passed in brothers in terms of judgment passed in Regular First Appeal ANJAL GUPTA 2025.12.09 17:34 I attest to the accuracy and integrity of this document EFA-14-2025 (O&M) 2025 (O&M) [4 4] f 2016, titled as “M/s Satkarta Realtors (P) Ltd. Vs. No.458 of 2016, titled as “M/s Satkarta Realtors (P) Ltd. Vs. f 2016, titled as “M/s Satkarta Realtors (P) Ltd. Vs. No.458 o State of Haryana and others”. State of Haryana and others 8. In such circumstances, the order dated 2 0.09.2025 is set circumstances, the order dated 20.09.2025 is set aside to the extent of dismissal of the execution aside to the extent of application preferred the execution application preferred at the instance of appellants No.11 to at the instance of appellants No.1 and the learned Executing to 22 and the learned Executing Court is requested to entertain their Execution Application and Court is requested to entertain their Execution Application and Court is requested to entertain their Execution Application and Court is requested to entertain their Execution Application and towards release of enhanced proceed further in accordance with law towards release of enhanced proceed further in accordance with law proceed further in accordance with law in terms of decision dated 16.03.2022 passed in RFA compensation in terms of decision dated 16.03.2022 passed in RFA in terms of decision dated 16.03.2022 passed in RFA compensation to the release of compensation in No.5363 of 2017. With respect to the release of compensation in to the release of compensation in No.5363 of 2017 favour of appellants No.1 to 10, the learned State favour of appellants No.1 to 10 counsel informed learned State counsel informed that the amount stands deposited with the Executing Court the Court that the amount stands deposited with the Executing Court that the amount stands deposited with the Executing Court that the amount stands deposited with the Executing Court on 23.10.2025. on 23.10.2025. 9. The learned Executing Court is 9. The the Executing Court is thus requested to release the with immediate effect. The same in favour of appellants No.1 to 10 with immediate effect. The same in favour of appellants No.1 to 1 same in favour of appellants No.1 to 1 as to learned Executing Court is also requested to look into the fact, as to learned Executing Court is also requested to look into the fact learned Executing Court is also requested to look into the fact department is whether the payment deposited by the respondent-department is whether the payment deposited by the respondent whether the payment deposited by the respondent commensurate to the shares/landholdings of the appel commensurate to the shares lants and also /landholdings of the appellants and also carries upto date statutory interest. carries upto date statutory interest. isposed With all the observations the present appeal is disposed With all the observations the present appeal is d Pending application(s), if any, shall also stand disposed Pending application(s), if any, shall also stand disposed Pending application(s), if any, shall also stand disposed 10. of. 11. of. 05.12.2025 05.12.2025 Anjal ( HARKESH MANUJA ) Whether speaking/reasoned Whether speaking/reasoned JUDGE Yes/No Whether Reportable Whether Reportable Yes/No ANJAL GUPTA 2025.12.09 17:34 I attest to the accuracy and integrity of this document