1 104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH STATE OF HARYANA CHIRANJI AND ORS. CORAM: HON'BLE MR. JUSTICE Present: Mr. Abhishek Yadav, DAG, Haryana Mr. for the landowners/ HARKESH MANUJA, By way of present appeal, challenge has been laid to the judgment dated Judge, Faridabad, whereby the reference petition filed under Section A(3) of the Land Acquisition Act, 1894 (hereinafter referre by the respondent was partly allowed. 2. Briefly stating, of Village Jhar Sentli, Tehsil Ballabgarh, District Faridabad was acquired for the public purpose for development and utilization of land as Industrial Sector 58, Faridabad vide notification dated 26.12.1988 issued under Section 4 of the Act. The Land Acquisition Collector (for short ‘LAC’) assessed the market value at the rate of Rs.2 Chahi-Nehari-Magda Rs.1,50,000/- per acre for Ghair Mumkin Talab land. 3. The respondent award, filed an application under Section 28 RFA-834-2003 with XOBJR IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-834-2003 with Date of Decision: January 22, 2026 STATE OF HARYANA AND ANR. Versus CHIRANJI AND ORS. ......Respondent HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Abhishek Yadav, DAG, Haryana Mr. Kulbhushan Sharma, Advocate for the landowners/cross-objectors/ **** HARKESH MANUJA, J. (ORAL) By way of present appeal, challenge has been laid to the judgment dated 25.07.2002 passed by the learned Additional District Judge, Faridabad, whereby the reference petition filed under Section of the Land Acquisition Act, 1894 (hereinafter referre by the respondents-landowners, seeking enhancement of compensation was partly allowed. Briefly stating, certain land situated within the revenue estate of Village Jhar Sentli, Tehsil Ballabgarh, District Faridabad was acquired e public purpose for development and utilization of land as Industrial Sector 58, Faridabad vide notification dated 26.12.1988 issued under Section 4 of the Act. The Land Acquisition Collector (for short ‘LAC’) assessed the market value at the rate of Rs.2 Magda-Banjar Quadim and Gair Mumkin land and per acre for Ghair Mumkin Talab land. The respondents-landowners, feeling dissatisfied with the filed an application under Section 28 with XOBJR-65-2003 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH with XOBJR-65-CI-2003 (O&M) Date of Decision: January 22, 2026 ......Appellants ......Respondents/Cross-objectors HARKESH MANUJA Mr. Abhishek Yadav, DAG, Haryana , Advocate objectors/respondents. By way of present appeal, challenge has been laid to the passed by the learned Additional District Judge, Faridabad, whereby the reference petition filed under Section 28- of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) , seeking enhancement of compensation situated within the revenue estate of Village Jhar Sentli, Tehsil Ballabgarh, District Faridabad was acquired e public purpose for development and utilization of land as Industrial Sector 58, Faridabad vide notification dated 26.12.1988 issued under Section 4 of the Act. The Land Acquisition Collector (for short ‘LAC’) assessed the market value at the rate of Rs.2,40,000/- per acre for Quadim and Gair Mumkin land and per acre for Ghair Mumkin Talab land. , feeling dissatisfied with the filed an application under Section 28-A of the Act for seeking (O&M) Date of Decision: January 22, 2026 s By way of present appeal, challenge has been laid to the passed by the learned Additional District - d to as ‘the Act’) , seeking enhancement of compensation situated within the revenue estate of Village Jhar Sentli, Tehsil Ballabgarh, District Faridabad was acquired e public purpose for development and utilization of land as Industrial Sector 58, Faridabad vide notification dated 26.12.1988 issued under Section 4 of the Act. The Land Acquisition Collector (for short ‘LAC’) per acre for Quadim and Gair Mumkin land and , feeling dissatisfied with the r seeking TEJWINDER SINGH 2026.01.29 14:38 I agree to specified portions of this document 2 RFA-834-2003 with XOBJR-65-2003 (O&M) enhancement of compensation, however, the same was also dismissed by the Land Acquisition Collector. 4. Aggrieved of the aforesaid order, reference application under Section 28-A(3) of the Act was filed by the respondents-landowners before learned Additional District Judge, Faridabad. Upon issuance of notice, the appellants-State contested the petition while stating that the same was barred by limitation. 5. On the basis of pleadings of parties, the following issues were framed on: “1. Whether the petitioners are entitled to get re- determination of the amount under Section 28-A (3) of the Land Acquisition Act, if so to what effect?’ OPP 2. Whether the petition is not maintainable as alleged? OPR 3. Relief.” 6. Considering the evidence tendered by respondents/landowners as well as appellants-State, learned Additional District Judge, Faridabad vide award dated 25.07.2002 enhanced the amount of compensation of acquired land to Rs.150/- per square yard. 7. Aggrieved of the aforesaid award dated 25.07.2002, appellants-State, approached this Court by way of present appeal. 8. In the present case respondents-landowners have filed cross- objections while pleading that the amount of compensation awarded by learned Additional District Judge, Faridabad is inadequate, thereby, seeking further enhancement. 9. I have heard learned counsel for the parties and gone through the paper-book as well as cross-objections filed on behalf of respondents-landowners. TEJWINDER SINGH 2026.01.29 14:38 I agree to specified portions of this document 3 RFA-834-2003 with XOBJR-65-2003 (O&M) 10. The acquisition in the present case of land pertaining to revenue estate of Village Jhar Sentli, Tehsil Ballabhgarh and District Faridabad commenced vide notification dated 26.02.1988 issued under Section 4 of the Act followed by award dated 19.12.1991 for public purpose namely for development and utilization of land as Industrial Sector 58, Faridabad. In short, the learned Reference Court while adjudicating upon the reference petition under Section 28-A(3) of 1894 Act preferred at the instance of cross-objector/landowner awarded the benefit of market value @ Rs.150 per square yard along with other consequential benefits in their favour. It has not been disputed by either of the parties that market value now stands finally determined by the Hon’ble Supreme Court vide its decision dated 10.12.2014 in Civil Appeal No.11042 of 2014 titled as “Satbir Singh Vs. State of Haryana” finally assessed at Rs.175/- per square yard. Relevant Para 18 thereof is extracted hereunder:- “18. Therefore, the compensation is awarded at the rate of Rs.175/- per square yard in respect of all kinds of land(s) situated in Sector 58 and 59, Faridabad and consequently, the judgment and order passed by the High Court stands modified to the aforesaid extent. On the enhanced amount, the appellants would be entitled to all the statutory benefits.” 11. In view of the aforesaid judgment as well as placing reliance upon the decision dated 14.07.2021 rendered by the Hon’ble Apex Court in Civil Appeal No.2903 of 2021 titled as “Banwari Lal and another vs. State of Haryana and ors.” appellants are held entitled for market value @ Rs.175/- per square yard along with all other statutory benefit and interest as well as interest on solatium. TEJWINDER SINGH 2026.01.29 14:38 I agree to specified portions of this document 4 RFA-834-2003 with XOBJR-65-2003 (O&M) 12. Accordingly, the present appeal filed at the instance of appellants-State is dismissed and cross-objection filed at the instance of respondents-landowners is allowed. 13. Wherever the landowner(s) has/have unfortunately expired in the appeal(s)/cross-objection(s) after filing thereof and the legal heirs have not been impleaded, they shall be at liberty to seek execution of the present decision by moving appropriate applications before the learned Executing Court. 14. Pending application(s), if any, shall also stand disposed of. 22.01.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2026.01.29 14:38 I agree to specified portions of this document