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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RAM LAL
STATE OF HARYANA AND ORS
CORAM: HON'BLE MR. JUSTICE
Present: Mr.
Mr. Abhinash Jain, DAG, Haryana.
HARKESH MANUJA By way of present appeal, challenge has been laid to the
judgment dated Judge, Gurgaon (for short ’Reference Court’) petition filed under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as enhancement of compensation
2.
Briefly stating, of Villages Jharsa and Silokhra, Tehsil and for the public purpose supplementary award No.16 dated 25.03.1988 with regard to the building, structures, tubewell also passed by the LAC.
3.
The appellants award, sought reference under Section 18 of the Act pleading that LAC did not award adequate compensation with regard to trees, tubewell and pucca room.
4.
Upon notice, State by way of filing a written statement non-joinder of necessary parties was the compensation awarded by the LAC was appropriate and the factum of existence of any room or tubewell on the acquired land was denied.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:
Versus STATE OF HARYANA AND ORS
HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Sachin Mittal, Advocate for the Mr. Abhinash Jain, DAG, Haryana. ****
HARKESH MANUJA, J. (ORAL)
By way of present appeal, challenge has been laid to the
judgment dated 24.07.1998 passed by the learned Additional District Gurgaon (for short ’Reference Court’) petition filed under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) by the appellant enhancement of compensation was dismissed Briefly stating, certain land, situated withi Jharsa and Silokhra, Tehsil and District for the public purpose vide Award Nos.10 and 11 dated 21.09.198 supplementary award No.16 dated 25.03.1988 with regard to the building, structures, tubewell and trees falling on the aforesaid land was passed by the LAC. The appellants-landowners, feeling dissatisfied with the award, sought reference under Section 18 of the Act pleading that LAC did not award adequate compensation with regard to trees, tubewell and pucca room. Upon notice, the same was contested by the respondents by way of filing a written statement wherein joinder of necessary parties was raised. It was further pleaded that the compensation awarded by the LAC was appropriate and the factum of existence of any room or tubewell on the acquired land was denied. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-4111-1998 (O&M) Date of Decision: February 24, 2026
........Appellant
......Respondents HARKESH MANUJA Advocate for the appellant. Mr. Abhinash Jain, DAG, Haryana. By way of present appeal, challenge has been laid to the passed by the learned Additional District Gurgaon (for short ’Reference Court’) whereby the reference petition filed under Section 18 of the Land Acquisition Act, 1894 ‘the Act’) by the appellant-landowner, seeking was dismissed. , situated within the revenue estate District Gurgaon was acquired 10 and 11 dated 21.09.1986. A supplementary award No.16 dated 25.03.1988 with regard to the and trees falling on the aforesaid land was , feeling dissatisfied with the award, sought reference under Section 18 of the Act pleading that the LAC did not award adequate compensation with regard to trees, tubewell the same was contested by the respondents- wherein objections regarding raised. It was further pleaded that the compensation awarded by the LAC was appropriate and the factum of existence of any room or tubewell on the acquired land was denied. (O&M) February 24, 2026
By way of present appeal, challenge has been laid to the passed by the learned Additional District whereby the reference petition filed under Section 18 of the Land Acquisition Act, 1894 seeking n the revenue estate acquired
6.
A supplementary award No.16 dated 25.03.1988 with regard to the and trees falling on the aforesaid land was , feeling dissatisfied with the the LAC did not award adequate compensation with regard to trees, tubewell - objections regarding raised. It was further pleaded that the compensation awarded by the LAC was appropriate and the factum TEJWINDER SINGH 2026.02.27 16:11 I agree to specified portions of this document
RFA-4111-1998 (O&M)
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5. Pursuant to framing of issues and upon consideration of the evidence, the learned Reference Court, vide award dated 24.07.1998 dismissed the reference petition filed at the instance of appellant- landowner. 6. Aggrieved of the aforesaid award dated 24.07.1998 passed by the learned Reference Court, the appellant-landowner filed the present appeal. 7. I have heard learned counsel for the parties and gone through the paper-book. 8. The claim in the reference petition was for grant of enhancement of the compensation towards super-structure and the trees standing over the acquired land. No material evidence has been brought on record to substantiate the claim set up in the reference petition under Section 18 of the Act. The award passed by the learned Reference Court is based on appreciation of material available on record. Learned counsel for the appellant has not been able to refer to any pleadings or the evidence which has been ignored or misread by the learned Reference Court. 9. Accordingly, in view of the discussion made herein-above, finding no illegality or perversity with the findings of fact recorded by the Court below, there being no overlooking of the material available on record, re-appreciation of pleadings and evidence being impermissible, the present appeal being devoid of merits is thus, dismissed. 10. Pending application(s), if any, shall also stand disposed of. 24.02.2026
(HARKESH MANUJA) Tejwinder
JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
TEJWINDER SINGH 2026.02.27 16:11 I agree to specified portions of this document