Punjab-Haryana High Court
Devinder Singh vs State Of Haryana & Anr on 10 February, 2022
RFA-1623-2017 (O&M)
and other connected cases -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
209
RFA-1623-2017(O&M)
and other connected cases
Date of Order: 10.02.2022
DEVINDER SINGH ..Appellant
Versus
STATE OF HARYANA AND ANOTHER ..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Deepak Sharma, Advocate
Ms. Aparna Singhal, Advocate
Mr. Gaurav Sethi, Advocate
Mr. Bhag Singh, Advocate
Mr. Sanjay Jain, Advocate
Mr. Jasmer Chand, Advocate
Mr. Sunil K. Tandon, Advocate
Mr. Ishan S. Cooner, Advocate
for the landowners.
Mr. Shivendra Swaroop, AAG, Haryana.
Ms. Vibha Tewari, AAG, Haryana.
ANIL KSHETARPAL, J(Oral)
The hearing of the case is being held through video
conferencing on account of restricted functioning of the Courts.
Some relevant particulars, with regard to both the acquisitions,
are as mentioned below:-
The Ist Acquisition (For developing Sector 23):-
i) 28.02.2006- Notification U/s 4 of the 1894 Act proposing
to acquire the land in the villages, namely Jandli (165.13
acres), Kanwli (50.45 acres), Saunda (33.91 acres) and
Sarai Mehdood (3.86 acres) for developing a residential
and commercial colony, namely Sector 23 by the
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RFA-1623-2017 (O&M)
and other connected cases -2-
Haryana Urban Development Authority, Haryana
(hereinafter referred to as "the HUDA") was issued.
ii) 27.02.2007 -The notification under Section 6 of the 1894
Act was issued.
iii) 03.03.2009- Award No. 4 with respect to 87.55 acres of
land was announced, while offering to pay, to the
landowners of village Jandali, an amount @ ₹10,00,000/-
per acre, whereas the landowners of the acquired land of
the villages, namely Kanwli, Saunda and Sarai Mehdood,
were offered an amount @ ₹8,00,000/- per acre.
iv) 29.08.2014:- The RC, in the first round, assessed the
market value of the acquired land @ ₹ 2,950/- per square
yard vide judgment dated 29.08.2014. Accordingly, the
per acre price works out to ₹1,42,78,000/-.
v) 28.10.2016:- The date of re-decision, after remand, by
the RC.
The Second Acquisition( For developing Sector 22):-
i) 20.07.2006: The notification U/s 4 of the 1894 Act was
issued proposing to acquire the land of villlages- Kanwla,
Kanwali, Jandli and Sarai Mehdood for developing
Sector 22 by the HUDA.
ii) 19.07.2007: The declaration under Section 6 of the 1894
Act was issued.
iii) 17.07.2009: The LAC vide award No. 3 dated
17.07.2009 offered to pay, to the landowners of village
Jandali, an amount @ ₹10,00,000/- per acre, whereas the
landowners of the acquired land of the villages, namely
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Kanwla, Kanwali and Sarai Mehdood were offered an
amount @ ₹8,00,000/- per acre.
iv) 24.04.2012: In the first round, the RC assessed the
market value of the acquired land on the date of the
notification under Section 4 of the 1894 Act @ ₹499/-
per square yard, vide judgment dated 24.04.2012.
Accordingly, the per acre price works out to ₹24,15,160/-
v) 09.11.2016, 25.03.2019 & 16.04.2021: The date of re-
decision, after remand, by the RC in different batches
vide judgments dated 09.11.2016, 25.03.2019 &
16.04.2021.
The learned counsel representing the parties are ad idem that
these appeals can be disposed of in terms of judgment passed in RFA-484-
2021, titled as "State of Haryana and another Vs. Baljinder Kaur".
Hence, ordered accordingly.
All the pending miscellaneous applications, if any, are also
disposed of.
February 10th, 2022 (ANIL KSHETARPAL)
Ay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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