Punjab-Haryana High Court
Dharmender vs State Of Haryana And Others on 24 August, 2023
Neutral Citation No:=2023:PHHC:112904
RFA-1060-2023 (O&M) 1 2023:PHHC:112904
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(302/2) RFA-1060-2023 (O&M)
Date of Decision: 24.08.2023
Dharmender ...Appellants
Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Akshat Mittal, Advocate, for the appellants
Mr. Abhinash Jain, DAG, Haryana.
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HARKESH MANUJA, J.(ORAL)
CM-3139-CI-2023
1. This is an application for condoning the delay of 2735 days in
filing the present appeal.
2. Notice of the application was issued to the respondents who have
not filed any reply.
3. I have heard learned counsel for the parties and gone through the
paper book.
4. Concededly, the other similarly situated land owners pertaining to
the same acquisition proceedings have already been held entitled for enhanced
amount of compensation pertaining to village Dhankot, Tehsil and District
Gururgram, @ Rs.3,08,55,000/- per acre along with all statutory benefits in
view of the judgment dated 23.10.2019 passed in RFA No.7185 of 2013 and
other connected matters titled "Subhash Kumar Vs. State of Haryana and
others".
5. Based thereupon, applying the principle of parity, the land
owners/applicants being similarly situated, are entitled for grant of similar
amount of compensation, except payment of interest for the period they failed
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to approach this Court after the decision of the Reference Court. In this regard
reliance can be placed upon the decision of Hon'ble Supreme Court in case of
"Ningappa Thotappa Angadi (Dead) through LRs Vs. Special Land
Acquisition Officer and Another, 2020 (19) SCC 599".Accordingly, in view
of the averments made in the application besides the law laid down in the
aforementioned judgment, the same is allowed and delay of 2735 days in
filing the appeal is hereby condoned.
Main Appeal
1. In the present case, land owned by the appellants, situated in
village Dhankot, Tehsil and District Gurugram, was sought to be acquired
vide Notification dated 13.01.2010 issued under Section 4 of the Land
Acquisition Act, 1894 (hereinafter referred to as "the Act"), for the purpose
for development and utilization for Sectors 99 to 115 Gurugram. Notification
under Section 6 of the Act was issued vide notification No.LAC(G)
NTLA/2010/1537, followed by an award dated 31.03.2010 in exercise of
powers conferred under Sections 11 of 1894 Act.
2. Aggrieved thereof, the appellants preferred reference under
Section 18 of the Act, which came to be decided vide common award dated
17.08.2013 by the Court of learned Additional District Judge, Gurgaon, vide
which, the said Court granted compensation @ Rs.2,11,75,000/- per acre.
3. Impugning the same, the appellants preferred the present appeal.
4. Learned counsel for the appellants submits that the matter
pertaining to the same acquisition/notification covering the same revenue
estate i.e. village Dhankot, Tehsil and District Gurgaon,filed at the instance of
few other land-owners came up before this Court & was disposed of vide
judgment dated 23.10.2019 passed in RFA No.7185 of 2013 titled Subhash
Kumar Vs. State of Haryana and others, whereby, the landowners were
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held entitled for the enhanced amount of compensation @ Rs.3,08,55,000/-
per acre along with all statutory benefits and interests as available under the
relevant provisions of the Act. The relevant para of the said judgment is
reproduced as under:
"Accordingly, 10% cumulative increase is granted on
Rs.2,55,00,000/- for the intervening period of 2 years, whereby
the market value would work out @ Rs.3,08,55,000/- per acre
along with all statutory benefits.."
On the other hand, learned counsel representing respondents has
not been able to controvert the abovementioned factual position.
5. Based upon the above, applying the principle of parity, besides,
just and fair compensation, the land owners/appellants being similarly situated
are held entitled for grant of similar amount of compensation as has been
awarded by this Court in the aforesaid case i.e. Subhash Kumar's case
(supra) besides all other statutory benefits available to them under the
relevant provisions of the Act except the interest for the period the appellants
did not approach this Court after passing of award by the Reference Court.
6. The present appeal is disposed of in the above terms.
(HARKESH MANUJA)
JUDGE
24.08.2023
anil
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:112904
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