Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KHAZAN SINGH
DHARAM SINGH & OTHERS
CORAM: HON'BLE MR. JUSTICE
Present: Mr. Rajender Goel,
HARKESH MANUJA By way of present appeal, challenge has been laid to the
judgment dated Additional District Judge, herein) to be entitled for 1/4 at Village Haiderpur Vira
2.
Briefly stating, land measuring the revenue estate of Village No.75 and Haiderpur Viran, Hadbast No.76, District Gurgaon acquired by Land Acquisition Collector LAC’) vide award No.8 dated 05.07.1990 and a supplementary awar No.3 dated 10.05.1991 was announced with standing upon the aforesaid acquired land
3.
The the LAC for disbursement of compensation awarded with regard to some tube-wells situat due to some dispute wells, the application moved at the
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:
KHAZAN SINGH
Versus DHARAM SINGH & OTHERS
HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Rajender Goel, Advocate for the **** HARKESH MANUJA, J. (ORAL)
By way of present appeal, challenge has been laid to the
judgment dated 20.07.1998 whereby learned Additional District Judge, Gurgaon, held the to be entitled for 1/4th share of compensation of tube at Village Haiderpur Viran. Briefly stating, land measuring 631.02 acres state of Village Ghata, Hadbast No.81, Wazirabad, Hadbast No.75 and Haiderpur Viran, Hadbast No.76, District Gurgaon by Land Acquisition Collector (hereinafter referred to as ‘the vide award No.8 dated 05.07.1990 and a supplementary awar No.3 dated 10.05.1991 was announced with the aforesaid acquired land. The claimant-respondent No.1 moved an application before for disbursement of compensation awarded with regard to some wells situated in Village Wazirabad and Haiderpur Viran. However, some dispute concerning the ownership of the aforesaid tube wells, the application moved at the instance
RFA-4101-1998 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-4101-1998 (O&M) Date of Decision: January 27, 2026
........Appellant
......Respondents HARKESH MANUJA Advocate for the appellant. By way of present appeal, challenge has been laid to the learned Reference-Court-cum- held the claimant (respondent No.1 share of compensation of tube-well situated 631.02 acres, situated within Ghata, Hadbast No.81, Wazirabad, Hadbast No.75 and Haiderpur Viran, Hadbast No.76, District Gurgaon was (hereinafter referred to as ‘the vide award No.8 dated 05.07.1990 and a supplementary award No.3 dated 10.05.1991 was announced with respect to structures
respondent No.1 moved an application before for disbursement of compensation awarded with regard to some Wazirabad and Haiderpur Viran. However, ownership of the aforesaid tube- instance of claimant was referred to (O&M)
(O&M) January 27, 2026
By way of present appeal, challenge has been laid to the - respondent No.1 tuated , situated within Ghata, Hadbast No.81, Wazirabad, Hadbast was (hereinafter referred to as ‘the d to structures respondent No.1 moved an application before for disbursement of compensation awarded with regard to some Wazirabad and Haiderpur Viran. However, - to TEJWINDER SINGH 2026.02.03 11:17 I agree to specified portions of this document
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RFA-4101-1998 (O&M)
the learned Additional District Judge, Gurgaon by the LAC under Section 30 of the Land Acquisition Act, 1894 and the following issues were framed:-
“1. Who out of the parties are entitled to receive compensation ? OPP
2. Relief.”
4. After considering the evidence, the learned Additional District Judge, Gurgaon, vide award dated 20.07.1998 held the claimant- respondent No.1 to be entitled to 1/4th compensation of tubewell situated at Village Haiderpur Viran along with the proportionate interest. 5.
Aggrieved of the aforesaid decision dated 20.07.1998 of the learned Additional District Judge, Gurgaon, the appellant-landowner filed the present appeal. 6.
Learned counsel for the appellant submits that no evidence was produced on record by respondent No.1 so as to show that the tube- well was in his name or he ever made payment towards any electricity bill, as such, the claim referred at his instance invoking Section 30 of the Act seeking apportionment of compensation was liable to be dismissed.
7.
I have heard learned counsel for the appellant and gone through the paper-book.
8.
A perusal of the record shows that in terms of revenue entries produced on record in the form of certified copy of Fard Badar (Ex.P-1) wherein, claimant-respondent No.1 was recorded as co-sharer to the extent of 1/4th share, he has been awarded compensation in the same proportion towards cost/market value of the tube-well existing over the land acquired forming part of revenue estate of village Haiderpur Viran.
TEJWINDER SINGH 2026.02.03 11:17 I agree to specified portions of this document
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RFA-4101-1998 (O&M)
9.
As such, the reasoning recorded by the learned Additional District Judge, Gurgaon is based on proper appreciation of evidence and the same does not call for interference and the present appeal is thus, dismissed.
10.
Pending application(s), if any, shall also stand disposed of.
27.01.2026
(HARKESH MANUJA) Tejwinder
JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No
TEJWINDER SINGH 2026.02.03 11:17 I agree to specified portions of this document