1 116 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH PUNJAB WAKF BOARD AMBALA CANTT PUNJAB STATE THROUGH LAC CUM S.D.O. CIVIL, HOSHIARPUR & ORS. CORAM: HON'BLE MR. JUSTICE Present: Mr. Mr. Sandeep Punchhi, Advocate for the appellant. Mr. Gunjan Mehta, Addl. A.G. Punjab. HARKESH MANUJA By way of present appeal, challenge has been laid to the judgment dated Judge, Hoshiarpur petition filed under Section 18 of the Land Acquisition Act, (hereinafter referred to as dismissed. 2. Briefly stating, land measuring within the revenue estate of Village situated in village Shergarh, Tehs for the public purpose for Group-1 vide notification Act. The Land Acquisition Collector (for short ‘LAC’) 21.04.1994 assessed for “Chahi” land and Rs. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: PUNJAB WAKF BOARD AMBALA CANTT Versus PUNJAB STATE THROUGH LAC CUM S.D.O. CIVIL, HOSHIARPUR & HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Sudesh Sahi, Advocate for Mr. Sandeep Punchhi, Advocate for the appellant. Mr. Gunjan Mehta, Addl. A.G. Punjab. **** HARKESH MANUJA, J. (ORAL) By way of present appeal, challenge has been laid to the judgment dated 03.10.1997 passed by the learned Additional District Hoshiarpur (for short ‘Reference Court’) petition filed under Section 18 of the Land Acquisition Act, (hereinafter referred to as ‘the Act’) by the appellant Briefly stating, land measuring 16 kanals 2 marlas within the revenue estate of Village Bajwara and 23 kanals 11 marlas situated in village Shergarh, Tehsil and District Hoshiarpur for the public purpose for construction of Ring Road, Hoshiarpur otification dated 21.05.1993 issued under Section Act. The Land Acquisition Collector (for short ‘LAC’) 21.04.1994 assessed the market value at the rate of Rs. land and Rs.35,200/- per acre RFA-554-1998 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-554-1998 (O&M) Date of Decision: February 09, 2026 PUNJAB WAKF BOARD AMBALA CANTT .......Appellant PUNJAB STATE THROUGH LAC CUM S.D.O. CIVIL, HOSHIARPUR & ........Respondents HARKESH MANUJA Mr. Sandeep Punchhi, Advocate for the appellant. Mr. Gunjan Mehta, Addl. A.G. Punjab. By way of present appeal, challenge has been laid to the passed by the learned Additional District (for short ‘Reference Court’), whereby the reference petition filed under Section 18 of the Land Acquisition Act, 1894 ‘the Act’) by the appellant-claimant, was 16 kanals 2 marlas, situated Bajwara and 23 kanals 11 marlas il and District Hoshiarpur was acquired Ring Road, Hoshiarpur-Ph-II, 21.05.1993 issued under Section 4 of the Act. The Land Acquisition Collector (for short ‘LAC’) vide Award dated the market value at the rate of Rs.60,500/- per acre per acre each for “Barani”, “Gair IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (O&M) February 09, 2026 PUNJAB STATE THROUGH LAC CUM S.D.O. CIVIL, HOSHIARPUR & By way of present appeal, challenge has been laid to the passed by the learned Additional District , whereby the reference 1894 was , situated Bajwara and 23 kanals 11 marlas was acquired II, 4 of the dated per acre Barani”, “Gair TEJWINDER SINGH 2026.02.12 09:20 I agree to specified portions of this document 2 RFA-554-1998 (O&M) Mumkin Dher”, “Gair Mumkin Khangah Massan” and “Gair Mumkin Chhappar” land along with other statutory benefits. 3. The claimant, feeling dissatisfied with the award, sought reference under Section 18 of the Act. It was pleaded that the acquired land was situated near the residential area and thus, the compensation awarded by the LAC was negligible. 4. Upon notice, the same was contested by the respondent(s)- State by filing written reply. It was pleaded that the market value assessed by the Land Acquisition Collector was fair and correct and the factum of existence of the acquired land on Chandigarh-Hoshiarpur highway was denied. 5. On the basis of pleadings of the parties, the following issues were framed by learned Reference Court:- “1. What was the market value of the acquired land at the time of issuance of notification under Section 4? OPA 2. Relief.” 6. After considering the evidence, the learned Reference Court, vide award dated 03.10.1997 dismissed the reference petition filed at the instance of appellant-claimant. 7. Aggrieved of the aforesaid award dated 03.10.1997 passed by the learned Reference Court, the appellant-claimant filed the present appeal. 8. I have heard learned counsel for the parties and gone through the paper-book. I find substance in the submissions made on behalf of the appellant-claimant with respect to the award of damages against severance of the land parcel. TEJWINDER SINGH 2026.02.12 09:20 I agree to specified portions of this document 3 RFA-554-1998 (O&M) 9. From a perusal of Ex. A-1 (somewhere written as Ex.P-1) i.e. the site plan which was proved on record by the Arjan Khanna, Draftsman, District Court, Hoshiarpur (AW-1). it can be clearly discerned that as an effect of acquisition in hand, the land owned by the appellant(s)-landowner(s) forming part of Killa No.142 (0-6) and 139 (3-3) has been bifurcated. Considering the fact the land in the present case(s) was acquired for the public purpose namely for construction of Ringroad, Hoshiarpur- Ph-II, Group-I which definitely and conclusively dissected the land by bifurcating it into two parts, in such circumstances, the appellant was bound to suffer loss towards cultivation of land besides causing it inconvenience towards connectivity of the parcels left on either side of the road. Moreover, severance also causes reduction in value of remaining land due to alteration in access, useability, irregularity of shape and loss of agricultural viability etc., thus, it would be appropriate to award damages against severance of land in favour of the appellant @ 25% of the market value as determined by the LAC for the remaining land parcel forming part of Killa No.142 and 139 situated in revenue estate of Village Shergarh, District Hoshiarpur. In addition, the appellant shall be entitled for award of all other statutory benefits and interest. 10. However, with respect to the claim made by the appellant regarding the land value, no documentary evidence has been produced on record in the form of any sale instance. Reliance has been placed upon by the learned counsel merely on the oral deposition made by Abdul Latif Khan, Estate Officer, Punjab Waqf Board, Amritsar, AW-2 the then Estate Officer, Punjab Waqf Board, Amritsar wherein, he has stated that at the time of acquisition of land, the market value was Rs.35,000 per marla/-. However, based upon such oral deposition which has not TEJWINDER SINGH 2026.02.12 09:20 I agree to specified portions of this document 4 RFA-554-1998 (O&M) been supported by any documentary evidence, no merits can be found with the contention raised by the appellant. As such, the appellant cannot be held entitled for award of any enhanced market value. 11. Accordingly, the present appeal is disposed of in aforesaid terms. 12. Pending application(s), if any, shall also stand disposed of. 09.02.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2026.02.12 09:20 I agree to specified portions of this document