Punjab-Haryana High Court
Ram Murti Since Deceased Through ... vs State Of Haryana And Others on 8 August, 2023
Neutral Citation No:=2023:PHHC:104357
[1]
RFA No. 482 of 2019 (O&M) & '05' connected cases 2023:PHHC:104357
258 (6 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(1) RFA No. 482 of 2019 (O&M)
Date of Decision: 08.08.2023
Ram Murti (since deceased) through LRs and others
...Appellants
Versus
State of Haryana and others
...Respondents
(2) RFA No. 483 of 2019 (O&M)
Aadesh Kumar
...Appellant
Versus
State of Haryana and others
...Respondents
(3) RFA No. 624 of 2019 (O&M)
Manphool Singh (since deceased) through LRs and others
...Appellants
Versus
State of Haryana and others
...Respondents
(4) RFA No. 1157 of 2019 (O&M)
Mangla Ram (since deceased) through LRs and another
...Appellants
Versus
State of Haryana and others
...Respondents
(5) RFA No. 435 of 2020 (O&M)
Shishpal and another
...Appellants
Versus
State of Haryana and others
...Respondents
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Neutral Citation No:=2023:PHHC:104357
[2]
RFA No. 482 of 2019 (O&M) & '05' connected cases 2023:PHHC:104357
(6) RFA No. 611 of 2020 (O&M)
Mangla Ram through his LRs
...Appellants
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Karan Singh, Advocate, for the appellant(s)
(in RFAs-482, 483, 624 & 1157-2019)
Mr. Sukhvir Singh Sahu, Advocate
for the appellant(s) (in RFAs-435 & 611-2020)
Mr. Shivendra Swaroop, Deputy Advocate General, Haryana
****
HARKESH MANUJA, J. (ORAL)
CM-1600-CI-2020 in RFA-611-2020
Prayer in the present application under Order 22
Rule 3 read with Section 151 CPC, is for impleadment of legal
heirs of appellant-Mangla Ram.
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.
Applications for condonation of delay
In RFA Nos. 482, 483, 624 & 1157 of 2019, applications
have been filed for condonation of delay of 1822 days in filing the
respective appeals, whereas in RFA Nos. 435 & 611 of 2020,
applications have been filed for condonation of delay of 2182 & 2181
days in filing the respective appeals.
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Neutral Citation No:=2023:PHHC:104357
[3]
RFA No. 482 of 2019 (O&M) & '05' connected cases 2023:PHHC:104357
Upon notice, no reply has been filed to the above
applications, however, learned State Counsel vehemently opposes
the prayer made therein.
I have heard learned counsel for the parties and gone
through the contents of the applications, which have been supported
by affidavit(s).
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 same revenue estate, i.e. Village
Ramsara, Tehsil & District Fatehabad, to the tune of Rs. 6,07,000/-
per acre, besides grant of statutory benefits, in view of judgment
dated 29.10.2015 passed in RFA-4584-2015, titled "Seema Devi
Versus State of Haryana and others".
Based thereupon, applying the principles of parity,
besides awarding of just and fair compensation and relying 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 in view of the
contents of applications, the same are allowed and delay in filing the
respective appeals, as mentioned above, are hereby condoned.
MAIN APPEAL(S)
This order shall dispose off present six appeals bearing
RFA Nos. 482, 483, 624 & 1157 of 2019; and RFA Nos. 435 & 611 of
2020, as the same arise out of common acquisition / award.
[2] Present appeals are preferred under Section 54 of the
Land Acquisition Act, 1894 (for short "the Act") to modify the
impugned award dated 20.09.2013 passed by learned Additional
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[4]
RFA No. 482 of 2019 (O&M) & '05' connected cases 2023:PHHC:104357
District Judge, Fatehabad (hereinafter to be referred as "Reference
Court") and are for enhancement of the compensation.
[3] In pursuance to Haryana Govt. Notification dated
29.12.2004 issued under Section 4 of the Act, followed by
Notification dated 19.04.2005 under Section 6 thereof, the land
measuring 43.99 acres situated in revenue estate of Villages
Jandwala, Ramsara and Gadli, Tehsil & District Fatehabad, including
the land of appellants falling in Village Ramsara, was acquired. The
public purpose for acquisition of land was stated to be for construction
of Hisar-Ghaghar multi purpose channel from RD-109000 to 398600
(Sub reach RD 141023 to RD 18677).
[4] The Land Acquisition Collector, Fatehabad (for short
"LAC"), vide Award dated 28.11.2005, assessed the market value of
acquired land @ Rs. 5 lakhs per acre alongwith other statutory
benefits.
[5] Dissatisfied with the aforesaid Award, landowners /
interested persons filed objections under Section 18 of the Act, which
were ultimately dismissed vide award dated 20.09.2013 passed by
learned Reference Court. Aggrieved thereof, the appellant(s)
preferred the present appeal(s).
[6] It is contended by learned counsel for the appellant(s)
that present appeals are squarely covered with the judgment dated
29.10.2015 passed in RFA-4584-2015, titled "Seema Devi Versus
State of Haryana and others", arising out of the same notification,
vide which the land of appellant(s) had been acquired.
[7] Learned State Counsel is not in a position to controvert
the above factual position and also submits that the decision dated
29.10.2015 (supra) has not been challenged so far before the Hon'ble
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[5]
RFA No. 482 of 2019 (O&M) & '05' connected cases 2023:PHHC:104357
Supreme Court; however, opposes the payment of interest for the
period, the appellant(s) failed to approach this Court after the decision
of Reference Court.
[8] After hearing learned counsel for the parties and gone
through the records, I find substance in the submissions made on
behalf of the appellant(s).
[9] It is not in dispute that present appeals are squarely
covered with the judgment dated 29.10.2015 passed in case of
Seema Devi (supra), which is arising out of the same acquisition /
Notification dated 29.12.2004 covering the same revenue estate i.e.
Village Ramsara, Tehsil & District Fatehabad, whereby the
landowners have been held entitled for the enhanced amount of
compensation @ Rs. 6,07,000/- per acre. For reference, the relevant
para of judgment dated 29.10.2015 (supra) reads as under:-
" .........................
For the reasons mentioned above, the appeal is
allowed. The award of learned Court below is modified only
to the extent of value of the acquired land. The same is
assessed @ Rs. 6,07,000/- per acre. Amount of damages
awarded on account of severance is upheld. The
landowner shall also be entitled to all the statutory benefits
available to her under the Act. However, she shall not be
entitled to interest for the period of delay in filing the appeal
i.e. 558 days. "
[9.1] Based upon the above, applying the principles of parity,
the landowners / appellants being similarly situated are held entitled
for grant of similar amount of compensation as has been awarded to
others, vide judgment dated 29.10.2015 in case of Seema Devi
(supra), besides all other statutory benefits and interest thereupon as
provided under the Act, except interest for the period the appellants
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[6]
RFA No. 482 of 2019 (O&M) & '05' connected cases 2023:PHHC:104357
did not approach this Court after passing of Reference Court's Award
in their respective references.
[10] Disposed off in the above terms.
Pending application(s), if any, shall stand(s) disposed off.
August 08, 2023 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking / Reasoned : Yes No
Whether Reportable : Yes No
Neutral Citation No:=2023:PHHC:104357
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