Punjab-Haryana High Court
Kuldeep Singh And Ors vs State Of Haryana And Others on 8 August, 2023
Neutral Citation No:=2023:PHHC:102585
-1-
RFA Nos. 2514 & 2515 of 2021 (O&M) 2023:PHHC:102585
277 (2 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(1) RFA No. 2514 of 2021 (O&M)
Date of Decision: 08.08.2023
Kuldeep Singh and others
...Appellants
Versus
State of Haryana and others
...Respondents
(2) RFA No. 2515 of 2021 (O&M)
Nawab Singh
...Appellant
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Abhimanyu Singh, Advocate
for the applicant(s)-appellant(s) (in both cases).
Mr. Shivendra Swaroop, Deputy Advocate General, Haryana
Mr. Pritam Singh Saini, Advocate
for respondent-HSIIDC.
****
HARKESH MANUJA, J. (ORAL)
CM-5706-CI-2021 in RFA-2515-2021
Application is allowed, as prayed for, subject to all just
exceptions.
Exemption from filing the certified copy of impugned
award dated 19.01.2011 passed by learned Additional District Judge,
Sonepat, is granted.
1 of 7
Neutral Citation No:=2023:PHHC:102585
RFA Nos. 2514 & 2515 of 2021 (O&M) 2023:PHHC:102585
CM-5705-CI-2021 in RFA-2514-2021;
CM-5707-CI-2021 in RFA-2515-2021
Prayer in the present applications under Section 151
CPC, are for condonation of delay of 3252 & 3253 days in filing the
respective appeals.
Upon notice in CM-5705-CI of 2021, reply on behalf of
respondent-HSIIDC has been filed.
Learned State Counsel as well as counsel for
respondent-HSIIDC oppose the prayer made in the present
applications.
I have heard learned counsel for the parties and gone
through the contents of the applications, which have been supported
by affidavit(s) of the applicant(s)-appellant(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 Chhatera
Bahadur, Tehsil & District Sonepat, to the tune of Rs. 17 lakhs per
acre, besides grant of 50% severance on the market value on
account of statutory restrictions and on account of the Expressway
cutting through the land, in view of judgment dated 05.07.2019
passed in RFA-4101-2008, titled "HSIDC (now Haryana State
Industrial & Infrastructure Development Corporation) Versus
Rajesh Kumar-II 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
2 of 7
Neutral Citation No:=2023:PHHC:102585
RFA Nos. 2514 & 2515 of 2021 (O&M) 2023:PHHC:102585
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 of 3252 &
3253 days in filing the respective appeals are hereby condoned.
MAIN APPEAL(S)
This order shall dispose off present two appeals
bearing RFA Nos. 2514 & 2515 of 2021, as the same arise out of
common acquisition / award.
[2] Present appeals preferred under Section 54 of the
Land Acquisition Act, 1894 (for short "the Act") to modify the
impugned award dated 19.01.2011 passed by learned Additional
District Judge, Sonipat (hereinafter to be referred as "Reference
Court") and are for enhancement of the compensation.
[3] In pursuance of Haryana Govt. Notification dated
27.08.2004 issued under Section 4 of the Act, followed by
Notification dated 03.09.2004 under Section 6 thereof, the land
measuring 32 acres 5 kanals 8 marlas situated in Village Chhatera
Bahadur Hadbast No. 229, Tehsil & District Sonepat, including the
land of appellants, was acquired. The public purpose for acquisition
of land was stated to be for construction and development of Express
Highway known as the Kundli-Manesar-Palwal Highway (KMP)
connecting National Highway No. 1 in District Sonepat.
[4] The Land Acquisition Collector, Sonepat (for short
"LAC"), assessed the market value of acquired land @ Rs. 12.50
lakhs per acre alongwith statutory benefits.
3 of 7
Neutral Citation No:=2023:PHHC:102585
RFA Nos. 2514 & 2515 of 2021 (O&M) 2023:PHHC:102585
[5] Dissatisfied with the aforesaid Award, landowners /
interested persons filed objections under Section 18 of the Act, which
was decided vide award dated 19.01.2011 by learned Reference
Court, whereby the market value of the acquired land assessed @
Rs. 12.50 lakhs per acre by LAC, was upheld. 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
05.07.2019 passed in RFA-4101-2008, titled "HSIDC (now Haryana
State Industrial & Infrastructure Development Corporation)
Versus Rajesh Kumar-II and others", arising out of the same
notification, vide which the land of appellant(s) had been acquired.
[7] Learned State Counsel as well counsel for respondent-
HSIIDC are not in a position to controvert the above factual position;
however, oppose 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 05.07.2019 passed in case of
Rajesh Kumar-II & others (supra), which is arising out of the same
acquisition / Notification dated 27.08.2004 covering the same revenue
estate i.e. Village Chhatera Bahadur, Hadbast No. 229, Tehsil &
District Sonepat, whereby the landowners have been held entitled
4 of 7
Neutral Citation No:=2023:PHHC:102585
RFA Nos. 2514 & 2515 of 2021 (O&M) 2023:PHHC:102585
for the enhanced amount of compensation @ Rs. 17 lakhs per acre.
For reference, the relevant para-189 of judgment dated 05.07.2019
(supra) reads as under:-
" 189. Keeping in view the above, the market value
alongwith all statutory benefits is fixed as under:-
(i) For the first notification dated 13.08.2004, for the
land falling in Villages Badh Malik and
Pritampura, the market value would be
Rs.21,00,000/- per acre. For Jatheri and
Akbarpur Barota, Rs.19,00,000/-. For the lands of
Villages Abaspur and Chattera Bahadur,
acquired by second notification dated 27.08.2004,
the market value would work out to
Rs.17,00,000/. The landowners would also be
entitled to 50% severance on the market value
on account of the statutory restrictions imposed
on the balance land and the expressway making
the other portion of the land non-viable for
cultivation on account of denial of access.
However, the benefit of solatium and interest
element under Section 23 (1-A) and Section 23(2)
would not be payable on the amount of
severance.
(ii) For the third notification dated 30.06.2005, for
Villages Badh Malik, Pritampura and Rasoi,
uniform compensation @ Rs.29,54,000/- per acre
along with all statutory benefits, is granted.
(iii) For the fourth notification dated 16.11.2005, for
Villages Rasoi, Rs.52,80,000/- per acre along with
all statutory benefits, is granted.
(iv) For the fifth notification dated 17.11.2005, for the
land falling upto the depth of 2 acres (440 feet) of
the National Highway, market value is assessed @
Rs.38,50,000. For the other land falling in Villages
Badh Khalsa, Firozepur Khadar, Abaspur, Badh
Malik and Patla, the market value is assessed @
Rs.35,00,000/- along with all statutory benefits. For
5 of 7
Neutral Citation No:=2023:PHHC:102585
RFA Nos. 2514 & 2515 of 2021 (O&M) 2023:PHHC:102585
Villages Jakholi, Sewli, Khewda and Bahalgarh, the
market value is assessed @ Rs.31,50,000/- per
acre along with all statutory benefits.
(v) For the sixth notification dated 28.03.2006, for
Villages Jatheri, Rs.35,00,000/- per acre is granted
along with all statutory benefits.
(vi) For the seventh notification dated 22.06.2006 for
Villages Badh Malik, Pritampura, Jatheri, Liwan,
Rai and Badh Khalsa, Rs.42,30,000/- per acre is
granted upto the depth of 2 acres (440 feet) and for
the balance land, market value is assessed @
Rs.40,50,000/- per acre, along with all statutory
benefits.
(vii) For the eighth notification dated 05.03.2007, for
Villages Badh Malik, Pritampura and Rasoi, the
market value is assessed @ Rs.45,00,000/- per
acre along with all statutory benefits.
(viii) Resultantly, the appeals alongwith cross-objections
filed by both the landowners and the State are
disposed of. In appeals where delay has been
condoned conditionally, the benefit of interest on the
enhanced compensation for the period of delay in
filing the appeals shall not be granted to the
landowners, as specified in the orders condoning
the delay. All the pending civil miscellaneous
applications also stand disposed of.
(ix) The State shall also comply with the directions laid
down by the Apex Court in 'HSIIDC Vs. Pran Sukh'
(2010) 11 SCC 175, to ensure that the landowners
are not fleeced by the middleman, which read as
under:
(a) The Land Acquisition Collector shall depute
officers subordinate to him not below the rank of
Naib Tahsildar, who shall get in touch with all the
land owners and/or their legal representatives
and inform them about their entitlement and right
to receive enhanced compensation.
6 of 7
Neutral Citation No:=2023:PHHC:102585
RFA Nos. 2514 & 2515 of 2021 (O&M) 2023:PHHC:102585
(b) The concerned officers shall also instruct the
land owners and/or their legal
representatives to open savings bank account in
case they already do not have such account.
(c) The bank account numbers of the land owners
should be given to the Land Acquisition Collector
within three months.
(d) The Land Acquisition Collector shall
deposit the cheques of compensation in the bank
accounts of the land owners. "
[9.1] 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 to
others, vide judgment dated 05.07.2019 in case of Rajesh Kumar-II
& others (supra), besides all other statutory benefits and 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.
[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:102585
7 of 7
