Punjab-Haryana High Court
State Of Haryana vs Rulia And Others on 5 July, 2024
Neutral Citation No:=2024:PHHC:086664
RFA-2566-1998 (O&M) --1--
and other connected cases
208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Decided on:-05.07.2024
1. RFA-2566-1998 (O&M)
State of Haryana thr. The Collector, Hisar and another ....Appellants.
vs.
Rulia
....Respondent.
2. RFA-2568-1998(O&M)
State of Haryana thr. The Collector, Hisar and others ....Appellants.
vs.
Bhateri and others ....Respondents.
3. RFA-2569-1998 (O&M)
State of Haryana thr. The Collector, Hisar and others ....Appellants.
vs.
Ram Singh ....Respondent.
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Shivendra Swaroop, DAG, Haryana,
for the appellant(s)-State.
Mr. Sandeep Punchi, Advocate,
for the respondent-landowner.
*****
HARKESH MANUJA J. (Oral)
1. This common judgment of mine shall dispose of above
mentioned three appeals filed by the State as they all involve common
question of law and facts.
For convenience, the facts are being taken from RFA-2566-
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Neutral Citation No:=2024:PHHC:086664
RFA-2566-1998 (O&M) --2--
and other connected cases
1998 (O&M).
2. By way of present appeal, challenge has been laid to an award
dated 08.05.1998 passed by the Reference Court-cum-Additional District
Judge, Hisar, whereby reference petition(s) filed at the instance of
respondents-landowners invoking Section 18 of the Land Acquisition Act,
1894 (herein after called "1894 Act"), stands partly allowed.
2. Briefly stating, certain land owned by the respondents-
landowners, situated in the revenue estate of village Puthi-Samain, Tehsil
Hansi, District Hisar, came to be acquired vide notifications dated
21.12.1990 and 13.08.1991, issued under Sections 4 and 6, respectively, of
the 1894 Act, for the construction of a road from village Bass to village
Puthi Samain. The Land Acquisition Collector, in exercise of its powers
under Section 11 of the 1894 Act, awarded the compensation in the
following manner along with statutory benefits:-
Sr. No. Class of Land Area under Price
acquisition
1. Nehri 8 kanals 13 marlas Rs.54,149.00
2. Tal 3 kanals 06 marlas Rs.12,408.00
3. G.M. Nahari 09 marlas Rs.2,817.00
4. G.M.Johri 06 marlas Rs.1,128.00
12 kanals 14 marlas Rs.70,502.00
3. Aggrieved of the award passed by the Land Acquisition
Collector, respondents-landowners invoked reference petition(s) under
Section 18 of the 1894 Act, seeking enhancement of compensation. Upon
consideration of the material available on record, the Reference Court vide
its award dated 08.05.1998 decided the reference petition as under:-
"In view of my finding of the above issue all the reference
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Neutral Citation No:=2024:PHHC:086664
RFA-2566-1998 (O&M) --3--
and other connected cases
petitions in hands seeking enhancement of the compensation
amount as awarded by the L.A.C. stand dismissed but the claimant
Abhey Ram is held entitled to be paid Rs.27147.72 paise as
compensation in respect of trees standing on the acquired land on
the date of acquisition of preliminary notification dated
21.12.1990. As the said amount does not however pertain to the
value of the land, he is not entitled to any solatium thereon though
he shall be entitled to recover interest @ Rs.12% per annum for
the period commencing from the date of issuance of preliminary
notification dated 21.12.1990 under Section 4(1) of the Act till the
date of passing of the award dated 12.08.1993. Memo of costs be
prepared accordingly. File be consigned."
4. By way of present appeal(s), the aforementioned award dated
08.05.1998 has been assailed at the instance of appellants-State against the
enhancement.
5. I have heard learned counsel for the parties and gone through
the paper book.
6. Perusal of award/judgment passed by the Reference Court
shows that no enhancement at all has been awarded in favour of the
landowners and in fact the award passed by the Collector in exercise of
powers under Section 11 of the 1894 Act has merely been upheld and thus,
practically there was no purpose of filing such appeals, however, in the
given circumstances, the same are dismissed being devoid of merits.
7. Pending application, if any, stands disposed of.
05.07.2024 (HARKESH MANUJA)
sonika JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/ No
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