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High Court of Punjab and Haryana · body

1990 DAILYLAW 2 (PNJ)

SHAM SINGH AND ORS v. STATE OF HARYANA AND ANR.

RFA/588/1999 · 2026-02-18

Harkesh Manuja

body1990

Judgment text

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RFA-588 113 IN THE HIGH COURT OF PUNJAB AND HARYANA Sham Singh and ors. State of Haryana and CORAM: Present: HARKESH MANUJA, J. (ORAL) laid to the decision dated Additional District Judge, Reference Court’). 2. revenue estate of acquired by the Government 12.04.1990 Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose, namely, residential and commer Collector (for short ‘the LAC’) vide award 88-1999 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** RFA Date of Decision: Sham Singh and ors. Versus State of Haryana and ors. CORAM: HON'BLE MR. JUSTICE HARKESH Present: Mr.Anmol Rattan Singh Dhillon, Advocate for the appellants. Mr. Abhinash Jain, DAG, Haryana. --- HARKESH MANUJA, J. (ORAL) By way of filing the present appeal challenge has been laid to the decision dated 09.11.1998 Additional District Judge, Karnal, (hereinafter referred to as Reference Court’). Briefly stating, 39.29 acres of land revenue estate of Village Budha Khera, (Hadbast No.1) acquired by the Government of Haryana 12.04.1990 and 09.04.1991 issued under Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public , namely, ‘for development and utilization of land as residential and commercial area of Sector 9 Collector (for short ‘the LAC’) vide award ] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-588-1999 (O&M) Date of Decision: 18.02.2026 …….Appellants Versus ..….Respondents HON'BLE MR. JUSTICE HARKESH MANUJA Anmol Rattan Singh Dhillon, Advocate Mr. Abhinash Jain, DAG, Haryana. way of filing the present appeal challenge has been 09.11.1998 passed by the learned (hereinafter referred to as ‘the 39.29 acres of land, situated within the Village Budha Khera, (Hadbast No.1), was Haryana vide notifications dated issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public development and utilization of land as of Sector 9’. The Land Acquisition Collector (for short ‘the LAC’) vide award No.2 of the year 1993- way of filing the present appeal challenge has been passed by the learned ‘the , situated within the was vide notifications dated Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public development and utilization of land as The Land Acquisition -94 SANJAY GUPTA 2026.02.20 19:38 I attest to the accuracy and integrity of this document RFA-588 assessed market value Rs.3,00,000/ provided under 3. landowners filed which came to be disposed of by the learned Reference Court vide decision dated Rs.81/- per sq. yard 4. the present appeal w landowners. 6. gone through the paper 7. the present appeal which relates to acquisition pertaining to notification dated squarely coordinate Bench of “Swantanter Swami and another Vs. The State of Haryana and another.” 8. terms of the judgment dated Bench of this Court in 88-1999 (O&M) [2] assessed market value of the acquired land at a uniform rate of Rs.3,00,000/- per acre, besides all other statutory benefits as provided under the Act. Dissatisfied with the aforesaid award, the appellants/ landowners filed reference petition invoking Section 18 of the Act, which came to be disposed of by the learned Reference Court vide decision dated 09.11.1998 while enhancing the compensat per sq. yard besides all other statutory benefits under the Act. Aggrieved of the decision of the present appeal was preferred at the instance of landowners. I have heard learned counsel gone through the paper-book. Both the counsels are ad idem the present appeal which relates to acquisition pertaining to notification dated 12.04.1990 issued under Section 4 of the Act covered by decision dated coordinate Bench of this Court in tanter Swami and another Vs. The State of Haryana and .” In view of the above, the present appeal is disposed of in terms of the judgment dated 05.09.201 Bench of this Court in Swantanter Swami’s ] of the acquired land at a uniform rate of all other statutory benefits as Dissatisfied with the aforesaid award, the appellants/ reference petition invoking Section 18 of the Act, which came to be disposed of by the learned Reference Court vide enhancing the compensation besides all other statutory benefits under the Act. decision of the learned Reference Court, preferred at the instance of the appellants/ I have heard learned counsel for the appellants-State and ad idem that the issue involved in the present appeal which relates to acquisition pertaining to issued under Section 4 of the Act covered by decision dated 05.09.2012 rendered by this Court in RFA- 1095-1999 titled as tanter Swami and another Vs. The State of Haryana and In view of the above, the present appeal is disposed of in 05.09.2012 passed by a coordinate tanter Swami’s case (supra). of the acquired land at a uniform rate of all other statutory benefits as Dissatisfied with the aforesaid award, the appellants/ reference petition invoking Section 18 of the Act, which came to be disposed of by the learned Reference Court vide ion to besides all other statutory benefits under the Act. the learned Reference Court, the appellants/ State and that the issue involved in the present appeal which relates to acquisition pertaining to issued under Section 4 of the Act is rendered by a titled as tanter Swami and another Vs. The State of Haryana and In view of the above, the present appeal is disposed of in passed by a coordinate SANJAY GUPTA 2026.02.20 19:38 I attest to the accuracy and integrity of this document RFA-588 9. unfortunately expired in the thereof and the legal heirs have not been impleaded, they shall be at liberty to seek execution of the present decision by moving appropriate application(s) before the learned Executing Court. 10. disposed of. 18.02.2026 sanjay 88-1999 (O&M) [3] Further, wherever, the landowner(s) has/have unfortunately expired in the appeal(s)/ cross thereof and the legal heirs have not been impleaded, they shall be at liberty to seek execution of the present decision by moving appropriate application(s) before the learned Executing Court. Pending misc. application(s), if any, shall also stand disposed of. .2026 Whether speaking/reasoned? Whether Reportable? ] Further, wherever, the landowner(s) has/have 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 application(s) before the learned Executing Court. application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No Further, wherever, the landowner(s) has/have 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 application(s), if any, shall also stand (HARKESH MANUJA) SANJAY GUPTA 2026.02.20 19:38 I attest to the accuracy and integrity of this document