Surat Singh And Ors vs State Of Haryana And Ors
2023 Latest Caselaw 11475 P&H

                                                         Neutral Citation No:=2023:PHHC:099271




                                         -1-
RFA No. 913 of 2023 (O&M)                                  2023:PHHC:099271



268

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                               RFA No. 913 of 2023 (O&M)
                                               Date of Decision: 01.08.2023

Surat Singh (now deceased) through his LRs
and others
                                                                  ...Appellants
                                 Versus

State of Haryana and others
                                                               ...Respondents


CORAM:       HON'BLE MR. JUSTICE HARKESH MANUJA

Present:     Mr. Jitender Malik, Advocate for
             for the appellants-landowners.

             Mr. Abhinash Jain, Deputy Advocate General, Haryana

                        ****
HARKESH MANUJA, J. (ORAL)

CM-2819-CI-2023

Application is allowed, as prayed for subject to all

just exceptions.

Exemption from mentioning the number of Roll of

Advocates is granted.

CMs-2820-21-CI-2023

CM-2821-CI of 2023 for condonation of delay of 411

days in re-filing the appeal.

CM-2820-CI-2023 for condonation of delay of 01 day

in filing the appeal.

Notice of the applications.

1 of 6

Neutral Citation No:=2023:PHHC:099271

RFA No. 913 of 2023 (O&M) 2023:PHHC:099271

Learned State Counsel accepts notice on behalf of

the non-applicants/respondents-State and vehemently opposes

the prayer made in the applications.

I have heard learned counsel for the parties and

gone through the contents of the applications, which have been

supported by the affidavits of learned counsel for the applicants-

appellants.

Concededly, the other similarly situated landowners

pertaining to the same acquisition proceedings have already

been held entitled for the enhanced amount of compensation

pertaining to the acquired land falling in Village Rathdhana,

Tehsil & District Sonepat, to the tune of Rs. 1,29,47,200/- per

acre, in view of judgment dated 27.10.2022 passed by this Court

in RFA No. 395 of 2020, titled "Tara Chand (Deceased)

through his legal representatives Versus State of Haryana

and others".

By placing reliance upon the decision of Hon'ble

Supreme Court in case of "Ningappa Thotappa Angadi (Dead)

through LRs Versus Special Land Acquisition Officer and

Another", 2020 (19) SCC 599 as well as on the basis of

contents of the applications, the same are allowed and delay of

re-filing & filing the appeal, as mentioned above, is hereby

condoned.

2 of 6

Neutral Citation No:=2023:PHHC:099271

RFA No. 913 of 2023 (O&M) 2023:PHHC:099271

CM-2822-CI-2023

Prayer in the present application under Order 22

Rule 3 read with Section 151 CPC, is for grant of leave to

implead the legal heirs of appellant No. 1-Surat Singh, who died

on 05.01.2021.

Application is allowed, as prayed for subject to all

just exceptions. The persons mentioned in para-2 of the

application are ordered to be impleaded as LRs of above

appellant.

MAIN APPEAL

Present appeal has been preferred under Section 54

of the Land Acquisition Act, 1894 (for short "the Act") to modify

the impugned award dated 15.10.2019 passed by learned

Additional District Judge, Sonepat (hereinafter to be referred as

"Reference Court") and for enhancement of the compensation

amount.

[2] Paper-book reveals that State of Haryana issued a

Notification dated 14.07.2010 under Section 4 of the Act for

acquisition of land for three different villages, namely,

Rathdhana, Rai and Asawarpur, Tehsil & District Sonepat, which

was followed by a declaration dated 07.07.2011 under Section 6

thereof. The public purpose for acquisition of land was stated to

be construction of road between Sector 32-36, Sonepat. The

total land measuring 11.11 acres situated in Village Rathdhana,

3 of 6

Neutral Citation No:=2023:PHHC:099271

RFA No. 913 of 2023 (O&M) 2023:PHHC:099271

District Sonepat, including the land of appellants, was acquired

for the above said purpose.

[3] The Land Acquisition Collector, Sonepat (for short

"LAC"), vide Award No. 17, dated 15.03.2013, assessed the

market value of acquired land @ Rs. 80 lakhs per acre for all

types of land besides statutory benefits.

[4] Dissatisfied with the aforesaid Award, landowners /

interested persons filed objections under Section 18 of the Act.

Resultantly, the dispute was forwarded to the Reference Court

for determination of the market value of the acquired land.

[5] Learned Reference Court, while passing the

impugned award dated 15.10.2019, accepted 04 reference

petitions including the one filed by appellants and assessed the

market value of the acquired land @ Rs. 86,60,000/- per acre

alongwith statutory benefits. Aggrieved thereof, the appellants

preferred the present appeal.

[6] It is contended by learned counsel for the appellants

that present appeal is squarely covered with the judgment dated

27.10.2022 passed in RFA No. 395 of 2020, titled "Tara Chand

(Deceased) through his legal representatives Versus State

of Haryana and others", arising out of the same notification,

vide which the land of appellants had been acquired.

[7]          Notice of motion.

[8]          Learned State Counsel accepts notice on behalf of

the respondents-State and does not dispute about the disposal

4 of 6

Neutral Citation No:=2023:PHHC:099271

RFA No. 913 of 2023 (O&M) 2023:PHHC:099271

of the main appeal in terms of judgment dated 27.10.2022

(supra); however, opposes payment of interest for the period, the

appellants failed to approach this Court after the decision of

Reference Court.

[9] I have heard learned counsel for the parties and

perused the paper-book.

[10] Learned counsel for the parties are ad idem that

present appeal is squarely covered with the judgment dated

27.10.2022 passed in Tara Chand's case (supra), which is

arising out of the same acquisition / Notification dated

14.07.2010 covering the same revenue estate(s), whereby the

landowners have been held entitled for the enhanced amount of

compensation to Rs. 1,29,47,200/- per acre. For reference, the

relevant para-6 of judgment dated 27.10.2022 passed in Tara

Chand's case (supra) reads as under:-

" 6. DECISION Resultantly, the appeals filed by the landowners are allowed, whereas, the appeals filed by the State are dismissed. The market value of the acquired land is assessed at ₹1,29,47,200/- per acre. "

[10.1] Based upon the above, applying the principle of

parity, the landowners / appellants being similarly situated are

held entitled for grant of similar amount of compensation as has

been awarded vide judgment dated 27.10.2022 passed in Tara

Chand's case (supra), besides all other statutory benefits and

5 of 6

Neutral Citation No:=2023:PHHC:099271

RFA No. 913 of 2023 (O&M) 2023:PHHC:099271

interest thereupon as provided under the Act, except interest for

the period the appellants did not approach this Court after

passing of Reference Court's Award.

[11] Needless to say that the appellant shall not be

entitled for interest qua the period of delay in filing the present

appeal.

[12] Disposed off in the aforesaid terms.

Pending application(s), if any, shall stand(s) disposed

off.

August 01, 2023                                          ( HARKESH MANUJA )
'dk kamra'                                                     JUDGE

        Whether Speaking / Reasoned :              Yes      No

        Whether Reportable :                       Yes      No

Neutral Citation No:=2023:PHHC:099271

6 of 6