Dhani Ram Deceased Through Lr And ... vs State Of Haryana And Others
2023 Latest Caselaw 14438 P&H

                                                      Neutral Citation No:=2023:PHHC:115284




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RFA No. 136 of 2020 (O&M)                               2023:PHHC:115284




279

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                           RFA No. 136 of 2020 (O&M)
                                           Date of Decision: 29.08.2023

Dhani Ram (deceased) through LRs and another
                                                               ...Appellants
                                  Versus

State of Haryana and others

                                                            ...Respondents


CORAM:        HON'BLE MR. JUSTICE HARKESH MANUJA

Present:      Mr. Adarsh Jain, Advocate
              for the appellants.

              Mr. Shivendra Swaroop, Deputy Advocate General, Haryana

                                           ****
HARKESH MANUJA, J.

CM-271-CI-2020

Application is allowed, as prayed for, subject to all just

exceptions. The applicants mentioned in para-2 of the application are

ordered to be brought on record as legal representatives of appellant

No. 1 (Dhani Ram) to pursue the present appeal.

CM-272-CI-2020

Prayer in the present application moved on behalf of the

applicants-appellants is for condonation of delay of 1290 days in filing

the appeal.

Notice of the application.

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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 the affidavit of appellant No. 2-Jaibir.

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 the same revenue estate, i.e. Village

Bhatola, Tehsil & District Faridabad, to the tune of Rs. 2558/- per

square yard, in view of judgment dated 13/14.07.2021 passed by

Hon'ble Supreme Court in Civil Appeal No. 2903 of 2021, titled

"Banwari Lal & Anr. Versus State of Haryana & Ors.".

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 application is allowed and delay in filing the appeal,

as mentioned above, is hereby condoned.

MAIN APPEAL(S)

The landowners, by instituting the present appeal

preferred under Section 54 of the Land Acquisition Act, 1894 (for

short "the Act"), are seeking modification of the award dated

04.01.2016 passed by learned Additional District Judge, Faridabad

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(hereinafter to be referred as "Reference Court") for enhancement of

compensation amount.

[2] In pursuance to Haryana Govt. Notification under Section

4 of the Act issued on 14.08.2008, followed by Notification dated

30.08.2008 under Section 6 thereof, the land measuring 119.71

acres, including the land of appellant(s), situated in the revenue

estate of Village Bhatola, Tehsil & District Faridabad, was acquired.

The public purpose for acquisition of the land was stated to be

Development & Utilization of Master Plan Roads of Sectors 75 to 89,

Faridabad. The Land Acquisition Collector, Urban Estate, Faridabad,

Haryana (for short "LAC"), vide Award No. 18, dated 27.08.2010,

assessed the market value of acquired land @ Rs. 42,00,000/- per

acre alongwith other statutory benefits.

[3] Dissatisfied with the aforesaid Award, landowners /

interested persons filed objections under Section 18 of the Act, which

was decided vide award dated 04.01.2016 by learned Reference

Court, whereby the market value of the acquired land was enhanced /

assessed @ Rs. 1870/- per square yard, besides granting statutory

benefits.

[4] It is pertinent to mention here that the matters pertaining

to the enhancement were remand by the Apex Court in Civil Appeal

No(s) 21014-21016 of 2017, titled "Premwati & Ors. Versus State

of Haryana & Anr.", decided on 06.12.2017, after those were

decided by a Coordinate Bench of this Court in the first round on

16.09.2015 in case of 'Rampal and others Vs. Land Acquisition

Collector and another', 2016 (1) RCR (Civil) 494. Thereafter, the

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matter was again decided by Single Bench of this Court vide

judgment dated 31.05.2019 in Ram Pal's case (supra), whereby the

market value for the acquired land with regard to the notification dated

14.08.2008 pertaining to Villages Palwali, Badshahpur, Bhatola and

Murtazapur was fixed @ Rs. 1,936/- per square yard (Rs.93,70,240/-

per acre).

[5] Against the judgment dated 31.05.2019 (supra), parties

approached Hon'ble Supreme Court in a batch of appeals, lead case

of which was Civil Appeal No. 2903 of 2021, titled "Banwari Lal &

Anr. Versus State of Haryana & Ors.", which have been decided on

three different dates, 08.07.2021, 13.07.2021 & 14.07.2021.

[6] It is contended by learned counsel for the appellant(s)

that present appeals are squarely covered with the judgment of

Banwari Lal's case (supra), arising out of the same notification vide

which the land of appellants was acquired.

[7] Learned State Counsel is not in a position to controvert

the factual aspect that the main appeal is covered in terms of

judgment of Banwari Lal's case (supra); however, opposes payment

of interest for the period, the appellants failed to approach this Court

after the decision of Reference Court.

[8] I have heard learned counsel for the parties and gone

through the paper-book.

[9] From the records, it is apparent that the present appeal is

squarely covered with the judgment of Banwari Lal's case (supra),

which is arising out of the same acquisition / Notification dated

14.08.2008 covering the same revenue estate i.e. Village Bhatola,

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Tehsil & District Faridabad, whereby the landowners have been

held entitled for the enhanced amount of compensation @ Rs. 2558/-

per square yard. For reference, the relevant paras of judgment dated

13/14.07.2021 passed in case of Banwari Lal's (supra) (at page

Nos. 50 to 52) read as under:-

" Village : Bhatola Heard Dr. Monika Gusain, learned counsel for the State of Haryana and Mr. Kaushik Poddar, Ranbir Yadav and Mr. Sanchar Anand, learned counsel appearing for the claimants-landowners.

Reverting to lands situated at village Bhatola, covered under the third notification dated 14.08.2008, the High Court has awarded rate of Rs.1936/- per sq.yd.

The claimants had relied on three sale instances, that is Exhibits P-60, P-64 and P-5, mentioning the consideration amount of Rs.2975/- per sq. yd., Rs.2383/- per sq.yd. and Rs.2384/- per sq.yd., respectively.

It is well settled that the highest sale consideration in respect of sale transactions during the same time can be reckoned, if the sale instances are comparable and not found to be doubtful.

The sale instances exhibited as P-60 is of 14.03.2007, much before the proposal for acquisition was mooted. The formal proposal was moved on 29.06.2007. There is no evidence much less credible, to discard the sale instance relied by the claimants in respect of land at village Bhatola.

Accepting the consideration amount mentioned therein as it is, and as the said sale instance is executed more than one year back, we provide 7.5% per annum increase on that amount and deduction of 20% as in other cases. Thus, the fair market price is worked out to Rs.2558/- (Rupees two thousand five hundred fifty-eight only) per sq.yd. (i.e., Rs.2975/- plus Rs.223/- minus Rs.640/-).

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Accordingly, the award stands modified to the above extent, while retaining the other benefits including statutory interest awarded by the High Court.

Hence the appeal(s) filed by the State stand dismissed, whereas filed by the claimant(s) are partly allowed in the above terms. "

[9.1] Based upon the above, applying the principle of parity,

besides award of just and fair compensation, the landowners /

appellants being similarly situated are held entitled for grant of similar

amount of compensation as has been awarded to other landowners

vide judgment dated 13/14.07.2021 in case of Banwari Lal (supra),

alongwith all other statutory benefits and interest thereupon as

provided under the Act, except payment of 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 29, 2023                                          ( HARKESH MANUJA )
'dk kamra'                                                     JUDGE


        Whether Speaking / Reasoned :              Yes      No


        Whether Reportable :                       Yes      No

Neutral Citation No:=2023:PHHC:115284

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