Rajesh Kumar And Other vs State Of Haryana And Other
2023 Latest Caselaw 1759 P&H

RFA-5066-2017 (O&M) and                                             -1-
other connected cases

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                              1. RFA-5066-2017 (O&M)
                                               Date of decision: 27.01.2023

RAJESH KUMAR & ANR.                                 ..Appellants

                                 Versus

STATE OF HARYANA AND ORS.                           ..Respondents

                                              2. RFA-8520-2018 (O&M)

STATE OF HARYANA AND ORS.                           ..Appellants

                                 Versus

SULTAN SINGH AND ORS.                               ..Respondents

                                              3. RFA-5533-2017 (O&M)

DATA RAM                                            ..Appellant

                                 Versus

STATE OF HARYANA AND ORS.                           ..Respondents

                                               4.     RFA-829-2018 (O&M)

STATE OF HARYANA & ANR.                             ..Appellants

                                 Versus

DESH RAJ AND ORS.                                   ..Respondents

                                              5. RFA-2367-2018 (O&M)

STATE OF HARYANA & ANR.                             ..Appellants
                                 Versus
MAM CHAND AND ORS.                                  ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:   Mr. Rajiv Sharma, Advocate
           Mr. Arjun Atri, Advocate
           for the landowners.

           Mr. Shivendra Swaroop, AAG, Haryana.

                                   1 of 4
                ::: Downloaded on - 01-02-2023 00:27:00 :::
 RFA-5066-2017 (O&M) and                                                  -2-
other connected cases

ANIL KSHETARPAL, J.

1. Introduction and background:

1.1 This batch of appeals has been filed by the landowners as well

as the State of Haryana with a prayer to modify the awards passed by the

Reference Court (hereinafter referred to as "the RC") on 06.01.2017 and

01.03.2017. The notifications under Section 4 and 6 of the Land Acquisition

Act, 1894 (hereinafter referred to as "the 1894 Act") and the awards passed

by the Land Acquisition Collector (hereinafter referred to as "the LAC") as

well as by the RC are common. The learned counsel representing the

respective parties are ad idem that these appeals can conveniently be

disposed of by a common judgment.

1.2 The relevant particulars of this batch of appeals, in brief, are as under:

Sr. No. Particulars Relevant Date

1. Date of Notification under 11.02.2011 Section 4 of the 1894 Act.

2. Date of Notification under 10.02.2012 Section 6 of the 1894 Act.

3. Purpose of Acquisition. For the development and utilization of the land of Sectors 7, 8 and 11, Tauru, District Mewat.

4. Location, area and nature of 302.75 acres.

the acquired land

5. Number and Date of the No. 25 dated 22.10.2013 assessed Award of the LAC. the market value of the acquired land in the following manner:-

1. ₹45,00,000/- per acre along with 30% solatium, additional amount @ 12% per annum for the acquired land measuring 2057 kanals.

2. ₹54,00,000/- per acre for the land measuring 113 kanals and 9 marlas.

3. ₹56,25,000/- per acre for the

2 of 4

RFA-5066-2017 (O&M) and -3-

other connected cases

land measuring 251 kanals and 11 marlas.

6. Date of the judgments of the 06.01.2017 and 01.03.2017 Reference Court.

7. The market value assessed by The RC has enhanced the market the RC. value to ₹92,62,500/- per acre, apart from statutory benefits. The various individual landowners have also been held entitled to compensation for structure as well as trees.

2. Discussion and analysis:

2.1 This Bench has heard the learned counsel representing the

parties at length and with their able assistance perused the paperbook along

with the requisitioned record.

2.2 It may be noted here that the RC at the first stage decided as

many as 146 reference petitions by a consolidated award in Chiranji Vs.

State of Haryana, decided on 06.01.2017. In fact, the entire evidence was

also led in the aforesaid case. Subsequently, another batch of reference

petitions were disposed of by assessing the market value in Sri Bhagwan Vs.

State of Haryana, decided on 01.03.2017. The Regular First Appeals arising

from all these batches were decided by a detailed judgment passed in

Regular First Appeal No.2352 of 2017, titled as "Smt. Krishna Jindal Vs.

State of Haryana and others", decided on 23.08.2022. However,

inadvertently, these appeals which are squarely covered by the aforesaid

judgment were inadvertently left out. As already noticed, the evidence has

been led either in the case of Sri Bhagwan (supra) or Chiranji Lal (supra).

A bare look at the awards passed by the RC, it is evident that these cases

were also decided along with batch of cases in Chiranji Lal's case (supra)

and Sri Bhagwan's case (supra). The entire evidence was led in the

3 of 4

RFA-5066-2017 (O&M) and -4-

other connected cases

aforesaid two lead cases decided by the RC.

3. Decision

3.1 Keeping in view the aforesaid facts, this batch of appeals are

disposed of in terms of judgment passed in Regular First Appeal No.2352

of 2017, titled as "Smt. Krishna Jindal Vs. State of Haryana and others",

decided on 23.08.2022.

3.2 All the pending miscellaneous applications, if any, are also

disposed of.

27th January, 2023                                  (ANIL KSHETARPAL)
Ay                                                        JUDGE

Whether speaking/reasoned               : Yes/No

Whether reportable                      : Yes/No




                                       4 of 4