Punjab-Haryana High Court
Ganga Deen Through Lrs vs State Of Haryana And Others on 29 August, 2023
Neutral Citation No:=2023:PHHC:115083
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RFA No. 1259 of 2022 (O&M) and 2023:PHHC:115083
RFA No. 1261 of 2022 (O&M)
288 (2 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(1) RFA No. 1259 of 2022 (O&M)
Date of Decision: 29.08.2023
Ganga Deen (since deceased) through LRs
...Appellants
Versus
State of Haryana and others
...Respondents
(2) RFA No. 1261 of 2022 (O&M)
Ramesh Chand through LRs
...Appellants
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Deepinder Singh Walia, Advocate
for the appellant(s) (in both cases).
Mr. Shivendra Swaroop, Deputy Advocate General, Haryana
Mr. Pritam Singh, Saini, Advocate
for respondent-HSIIDC.
****
HARKESH MANUJA, J.
CM-3293-CI-2022 in RFA-1259-2022
CM-3322-CI-2022 in RFA-1261-2022
Applications are allowed, as prayed for, subject to all just
exceptions. The delay of three (03) days in filing the respective appeals
is condoned.
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Neutral Citation No:=2023:PHHC:115083
RFA No. 1259 of 2022 (O&M) and 2023:PHHC:115083
RFA No. 1261 of 2022 (O&M)
MAIN APPEAL(S)
This order shall dispose off present two appeals bearing
RFA Nos. 1259 & 1261 of 2022, as the same arise out of common
acquisition / award.
[2] The appellants / landowners, by instituting the present
appeals preferred under Section 54 of the Land Acquisition Act, 1894
(for short "the Act"), are seeking modification of the award dated
14.10.2021 passed by learned Additional District Judge, Rewari
(hereinafter to be referred as "Reference Court") for enhancement of
compensation amount.
[3] In pursuance of Haryana Govt. Notification under Section 4
of the Act issued on 08.06.2007, followed by Notification dated
27.02.2008 under Section 6 thereof, the land measuring 584 acres,
including the land of appellant(s), situated in the revenue estate of
Villages Bawal, Chirhara, Banipur and Rudh, District Rewari, was
acquired. The public purpose for acquisition of land was stated to be
development of Industrial Model Township, Phase-III, Bawal. The Land
Acquisition Collector, Rewari (for short "LAC"), vide Awards dated
25.09.2008 & 29.09.2008, assessed the market value of acquired land
@ Rs. 16 lakhs per acre in all the four villages.
[4] In first round, Reference Court by passing different awards
dated 17.01.2015, 30.05.2015, 16.07.2015 & 28.07.2015, assessed the
market value of the acquired land @ Rs. 22 lakhs per acre; however,
these awards were set aside by this Court vide order dated 15.11.2017
passed in case titled "Haryana State Industrial Development
Corporation (now HSIIDC) Versus Ram Kanwar (deceased) through
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Neutral Citation No:=2023:PHHC:115083
RFA No. 1259 of 2022 (O&M) and 2023:PHHC:115083
RFA No. 1261 of 2022 (O&M)
LRs and others" while remitted back the matter to Reference Court for
deciding the matter afresh.
[5] In second round, Reference Court vide Award dated
14.10.2021 assessed the market value of the acquired land @ Rs.
32,26,914/- per acre. Aggrieved thereof, the appellants have preferred
the present appeals.
[6] It is contended by learned counsel for the appellant(s) that
present appeal is squarely covered with the judgment dated 13.09.2022
passed in RFA No. 26 of 2022, titled "HSIIDC Versus Mohakam Ram
and others", arising out of the same notification for the land situated in
the revenue estate of Village Bawal, Tehsil Bawal, District Rewari.
[7] Learned State Counsel is not in a position to controvert the
afore-stated factual aspect that the main appeals are covered in terms of
judgment dated 13.09.2022 passed in Mohakam Ram'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 appeals
are squarely covered with the judgment dated 13.09.2022 passed in
Mohakam Ram's case (supra), which are arising out of the same
acquisition / Notification dated 08.06.2007 covering the same revenue
estate(s), whereby the landowners have been held entitled for the
compensation @ Rs. 37,60,825/- for the land located upto the depth of
two acres on the Delhi-Jaipur Highway as well as the land located on
both the sides of Bawal-Rewari road. For reference, the relevant para of
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Neutral Citation No:=2023:PHHC:115083
RFA No. 1259 of 2022 (O&M) and 2023:PHHC:115083
RFA No. 1261 of 2022 (O&M)
decision dated 13.09.2022 passed in Mohakam Ram's case (supra)
reads as under:-
" 6. DECISION
6.1 In view of the aforesaid detailed discussion, it is
held that out of the acquired land, for the land
located upto the depth of two acres on the Delhi-
Jaipur Highway as well as the land located on both
the sides of Bawal-Rewari road, the landowners
shall be entitled to compensation @ Rs.37,60,825/-,
whereas, for the remaining land, the applications
filed by the concerned landowners, under Section
18 of the 1894 Act, shall stand dismissed.
Consequently, the appeals filed by HSIIDC shall stand
allowed with respect to the acquired land located in the
interior i.e. remaining acquired land apart from the land
located upto depth of two acres abutting the Delhi-
Jaipur Highway and the land located on both the sides
of Bawal-Rewari Road."
[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 decision
dated 13.09.2022 passed in Mohakam Ram's case (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:115083
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