Punjab-Haryana High Court
Sucha Singh vs State Of Haryana And Another on 28 August, 2023
Neutral Citation No:=2023:PHHC:114635
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RFA No. 4350 of 2019 (O&M)
Date of Decision: 28.08.2023
Sucha Singh
...Appellant
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Shoaib Khan, Advocate
for the appellant.
Mr. Shivendra Swaroop, Deputy Advocate General, Haryana
****
HARKESH MANUJA, J.
CM-11059-CI-2019
Prayer in the present application moved on behalf of the
applicant-appellant is for condonation of delay of 2307 days in filing the
appeal.
Notice of the application.
Learned State Counsel accepts notice on behalf of the non-
applicants/respondents and vehemently opposes the prayer made in the
application.
I have heard learned counsel for the parties and gone
through the contents of the application, which has been duly supported
by an affidavit of Sh. Rajinder Singh @ Narinder Singh, who is a holder
of General Power of Attorney (GPA) executed by his son-appellant /
Sucha Singh.
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Concededly, the other similarly situated landowners
pertaining to the same acquisition proceedings have already been held
entitled for the compensation @ Rs. 498/- per square yard (Rs.
24,10,320/- per acre) along with all statutory benefits, while for the land
of Bhainsa Tibba which falls on the other side of the railway line, towards
Mani Majra and Village Kishangarh of Chandigarh, the market value has
been fixed @ Rs. 26,99,558/- per acre (Rs. 558/- per square yard)
along with all statutory benefits, in view of the order dated 10.08.2020
passed by this Court in application bearing CM No. 2247-CI of 2020 in
RFA No. 1638 of 2019, titled "Fazal Mohd. (deceased) through his
LRs & others Versus State of Haryana & another") which was moved
for correction of clerical and arithmetical mistakes in the main judgment
dated 27.05.2020 rendered in RFA No. 1817 of 2019, titled "The Akash
Cooperative Group Housing Society Ltd.-II Versus State of Haryana
and others".
Based thereupon, applying the principle of parity, besides
awarding 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 application, the
same is allowed and delay in filing the appeal, as mentioned above, is
hereby condoned.
MAIN APPEAL
The appellant / landowner, by instituting the present appeal
preferred under Section 54 of the Land Acquisition Act, 1894 (for short
"the Act"), seeks modification of the award dated 12.03.2013 passed by
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learned Additional District Judge, Panchkula (hereinafter to be referred
as "Reference Court") for enhancement of compensation amount.
[2] In pursuance of Haryana Govt. Notification under Section 4
of the Act issued on 16.03.1999, followed by Notification dated
15.03.2000 under Section 6 thereof, the land measuring 482.17 acres &
140.59 acres, including the land of appellant, situated in the revenue
estate of Villages Bhainsa Tibba & Saketri (respectively), Tehsil &
District Panchkula, was acquired. The public purpose for acquisition of
land was stated to be development and utilization of residential,
commercial, institutional, recreational in Sectors 1, 2, 3, 5B, 5C & 6,
Panchkula extension Mansa Devi Complex in Urban Estate, Panchkula.
[3] The Land Acquisition Collector, Panchkula (for short
"LAC"), vide Award No. 8 dated 09.10.2003, assessed the market value
of acquired land @ Rs. 9 lakhs per acre for 'chahi-abi-barani' land; Rs. 5
lakhs per acre for 'banjar' land; and Rs. 2.60 lakhs per acre for 'gair
mumkin' land, situated in Village Bhainsa Tibba. Similarly, the LAC, vide
Award No. 7, dated 09.10.2003, awarded compensation @ Rs. 9 lakhs
per acre for 'chahi-abi-barani' land; Rs. 4.70 lakhs per acre for 'banjar'
land; and Rs. 2.30 lakhs per acre for 'gair mumkin' land, situated in
Village Saketri.
[4] Dissatisfied with the aforesaid Award(s), landowners /
interested persons filed objections under Section 18 of the Act, which
were decided vide award dated 31.10.2006 by learned Reference Court,
whereby the market value of the acquired land was assessed @ Rs.
418/- per square yard. Aggrieved thereof, the landowners filed appeals
before this Court and ultimately, vide judgment dated 25.02.2009 passed
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in RFA No. 3008 of 2008, titled "Poonam Versus State of Haryana",
the matter stood remanded back for fresh adjudication of compensation.
[5] Thereafter, Reference Court, vide Award dated 31.10.2011,
reduced the market value of acquired land in question from Rs. 418/- per
square yard to Rs. 374/- per square yard. Again dissatisfied, the
landowners challenged the aforesaid award of the Reference Court.
[6] In second round, this Court vide order dated 14.11.2017,
passed in RFA No. 10326 of 2014, titled "The Aakash Co-op House
Building Society Versus State of Haryana" again remanded back the
matter for fresh adjudication of market value of the acquired land with
certain specific observations and guidelines and also directed that the
matters pertaining to earlier acquisitions should be decided first.
[7] Later on, Reference Court, vide Award dated 20.09.2018,
passed in case titled " Fazal Modh. etc. Versus State of Haryana and
another", enhanced the compensation to Rs. 511/- per square yard in all
cases arising out of acquisition vide Notification dated 16.03.1999.
[8] It is contended by learned counsel for the appellant that
present appeal is squarely covered with the judgment dated 27.05.2020
rendered in RFA No. 1817 of 2019, titled "The Akash Cooperative
Group Housing Society Ltd.-II Versus State of Haryana and others"
and subsequent correction order dated 10.08.2020 passed by
Coordinate Bench in application bearing CM No. 2247-CI of 2020 in
RFA No. 1638 of 2019, titled "Fazal Mohd. (deceased) through his
LRs & others Versus State of Haryana & another".
[9] Learned State Counsel is not in a position to controvert the
afore-stated factual aspect that the main appeal is covered in terms of
judgment dated 27.05.2020 passed in case of The Akash Cooperative
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Group Housing Society Ltd.-II (supra) as well as correction order
dated 10.08.2020 passed in Fazal Mohd.'s case (supra).
[10] I have heard learned counsel for the parties and gone
through the paper-book.
[11] From the records, it is apparent that the present appeal is
squarely covered with the judgment dated 27.05.2020 passed in case of
The Akash Cooperative Group Housing Society Ltd.-II (supra) as
well as correction order dated 10.08.2020 passed in Fazal Mohd.'s
case (supra), which is arising out of the same acquisition / Notification
dated 16.03.1999 covering the same revenue estate, whereby the
landowners have been held entitled for the compensation @ Rs. 498/-
per square yard (Rs. 24,10,320/- per acre) along with all statutory
benefits, while, for the land of Bhainsa Tibba which falls on the other
side of the railway line, towards Mani Majra and Village Kishangarh of
Chandigarh, the market value was fixed @ Rs. 26,99,558/- per acre
(Rs. 558/- per square yard) along with all statutory benefits. For
reference, the relevant para of order dated 10.08.2020 (supra) passed in
Fazal Mohd.'s case (supra) reads as under:-
" xxxx
123(ii). For the notification dated 16.03.1999, the
market value is fixed @ Rs.498/- per sq.yard
(Rs.24,10,320/- per acre) along with all statutory
benefits. However, for the land of Bhainsa Tibba which
falls on the other side of the railway line, towards Mani
Majra and Village Kishangarh of Chandigarh, the
market value is fixed @ Rs.26,99,558/- per acre
(Rs.558/- per sq.yard) along with all statutory benefits
by only allowing the appeals of the concerned set of
landowners. The appeals filed by the State are
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accordingly, partly allowed and those of the other
landowners are dismissed."
[11.1] Based upon the above, applying the principle of parity,
besides award of just and fair compensation, the landowner / appellant
being similarly situated is held entitled for grant of similar amount of
compensation as has been awarded to other landowners vide order
dated 10.08.2020 passed in Fazal Mohd.'s case (supra) alongwith all
other statutory benefits and interest thereupon as provided under the
Act, except payment of interest for the period the appellant did not
approach this Court after passing of Reference Court's Award.
[12] Disposed off in the above terms.
Pending application(s), if any, shall stand(s) disposed off.
August 28, 2023 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking / Reasoned : Yes No
Whether Reportable : Yes No
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