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High Court of Punjab and Haryana · body

1993 DAILYLAW 17 (PNJ)

SMT.SUKHRAJ KAUR & OTHERS v. PUNJAB STATE & OTHERS

RFA/563/2000 · 2026-03-09

Harkesh Manuja

body1993

Judgment text

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RFA-563 IN THE HIGH COURT OF PUNJAB AND HARYANA Smt. Sukhraj Kaur and others Punjab State and others CORAM: Present: HARKESH MANUJA, J. (ORAL) laid to the District Judge, Court’). 2. estate of Village Khawaspur, Tehsil and District Hoshiarpur was acquired for the Road, Hoshiarpur Phase No.III, Group No.IV 02.08.1993 issued under Section 4 (for short ‘the Act’) passed Award dated 01.03.1996 assessing the market value along with all other statutory benefits as under: 563-2000 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** RFA Date of Decision: 09.03.2026 Smt. Sukhraj Kaur and others Versus Punjab State and others CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Kuldeep Singh, Advocate for the appellants. Mr.Gunjan Mehta, Addl.A.G., Punjab. -.- HARKESH MANUJA, J. (ORAL) By way of filing the present appeal challenge has been laid to the Award dated 10.11.1999, passed by the learned District Judge, Hoshiarpur, (hereinafter referred to as the ‘Reference Briefly stating, certain land, situated within the revenue estate of Village Khawaspur, Tehsil and District Hoshiarpur was acquired for the public purpose, namely, for “ Road, Hoshiarpur Phase No.III, Group No.IV 02.08.1993 issued under Section 4 of the Land Acquisition Act, 1894 (for short ‘the Act’). The Land Acquisition Collector (for short ‘LAC passed Award dated 01.03.1996 assessing the market value along other statutory benefits as under: Kind of Land Chahi ] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-563-2000 (O&M) Date of Decision: 09.03.2026 …….Appellants Versus ..….Respondents HARKESH MANUJA Advocate Gunjan Mehta, Addl.A.G., Punjab. way of filing the present appeal challenge has been passed by the learned Additional , (hereinafter referred to as the ‘Reference land, situated within the revenue estate of Village Khawaspur, Tehsil and District Hoshiarpur was public purpose, namely, for “construction of Ring Road, Hoshiarpur Phase No.III, Group No.IV” vide notification dated of the Land Acquisition Act, 1894 . The Land Acquisition Collector (for short ‘LAC passed Award dated 01.03.1996 assessing the market value along other statutory benefits as under:- Rate per acre Rs.98,240/- way of filing the present appeal challenge has been Additional , (hereinafter referred to as the ‘Reference land, situated within the revenue estate of Village Khawaspur, Tehsil and District Hoshiarpur was construction of Ring ” vide notification dated of the Land Acquisition Act, 1894 . The Land Acquisition Collector (for short ‘LAC’) passed Award dated 01.03.1996 assessing the market value along SANJAY GUPTA 2026.03.12 10:26 I attest to the accuracy and integrity of this document RFA-563 3. landowner which came to be decision dated the acquired land Rs.88,595/ Rs.25,000/ 30% of the market value, along with 12% interest and statutory benefits under 4. Court, the present appeal landowner 5. through the paper 6. issue involved in the present appeal which relates to acquisition pertaining to notification dated the Act is squarely covered by decision dated by this Court in another Vs. Punjab State and another. 7. terms of the judgment dated 19.02.2026 passed by this Court in 563-2000 (O&M) [2] Banjar Qadim, GM. Bhatta/ Nalla Dissatisfied with the aforesaid award, the landowners filed reference petition invoking Section 18 of the Act, which came to be disposed of by the learned Reference Court vide decision dated 10.11.1999 thereby determining the market value of the acquired land @ Rs.1,37,540/ Rs.88,595/- per acre for Banjar Qadim, G.M. Bhatta, G.M. Rasta; Rs.25,000/- on account of severance charges, besides of the market value, along with 12% interest and statutory benefits under the Act. Aggrieved of the Award passed by the learned Reference Court, the present appeal was preferred at the instance of appellant landowners. I have head learned counsel for the parties and gone through the paper-book. Learned counsel for the parties are issue involved in the present appeal which relates to acquisition pertaining to notification dated 02.08.1993 issued under Section 4 of is squarely covered by decision dated Court in RFA- 1916-2003 titled as another Vs. Punjab State and another. In view of the above, the present appeal is disposed of in terms of the judgment dated 19.02.2026 passed by this Court in ] Banjar Qadim, GM. Bhatta/ Nalla Rs.63,280/- Dissatisfied with the aforesaid award, the appellant reference petition invoking Section 18 of the Act, by the learned Reference Court vide determining the market value of @ Rs.1,37,540/- per acre for Chahi land; per acre for Banjar Qadim, G.M. Bhatta, G.M. Rasta; on account of severance charges, besides solatium @ of the market value, along with 12% interest and all other Aggrieved of the Award passed by the learned Reference preferred at the instance of appellant I have head learned counsel for the parties and gone the parties are ad idem that the issue involved in the present appeal which relates to acquisition 02.08.1993 issued under Section 4 of is squarely covered by decision dated 19.02.2026 rendered titled as Ajit Singh Dhami and another Vs. Punjab State and another. In view of the above, the present appeal is disposed of in terms of the judgment dated 19.02.2026 passed by this Court in Ajit appellants/ reference petition invoking Section 18 of the Act, by the learned Reference Court vide determining the market value of per acre for Chahi land; per acre for Banjar Qadim, G.M. Bhatta, G.M. Rasta; solatium @ all other Aggrieved of the Award passed by the learned Reference preferred at the instance of appellants/ I have head learned counsel for the parties and gone that the issue involved in the present appeal which relates to acquisition 02.08.1993 issued under Section 4 of rendered Ajit Singh Dhami and In view of the above, the present appeal is disposed of in Ajit SANJAY GUPTA 2026.03.12 10:26 I attest to the accuracy and integrity of this document RFA-563 Singh Dhami’s 8. 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 applic 9. disposed of. 09.03.2026 sanjay 563-2000 (O&M) [3] Singh Dhami’s case (supra). 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. 09.03.2026 Whether speaking/reasoned? Whether Reportable? ] 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 ation(s) before the learned Executing Court. Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No 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 Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) SANJAY GUPTA 2026.03.12 10:26 I attest to the accuracy and integrity of this document