RFA-199 115(1) IN THE HIGH COURT OF PUNJAB AND HARYANA Alla Ditta and State of Punjab and ors. CORAM: Present: HARKESH MANUJA, J. (ORAL) award dated 0 cum-Addl. District Judge, 2. the appellant Teeka Doong, Gurdaspur) came to be acquired vide notifications dated and 24.11.1995 Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The acquisition was carried Channel of Shahpurkandi Dam Project 1992-2002 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** RFA Date of Decision: Alla Ditta and anr. Versus State of Punjab and ors. CORAM: HON'BLE MR. JUSTICE HARKESH Present: Mr.R.S. Manhas, Advocate for the appellants. Mr. Gunjan Mehta, Addl.A.G., Punjab. -.- HARKESH MANUJA, J. (ORAL) By way of present appeal, challenge has been laid to an award dated 01.12.2001 passed by the learned Reference Court Addl. District Judge, Gurdaspur. Briefly stating, in the present case, some land owned by the appellants situated in the revenue estate of Village Teeka Doong, Tehsil Dhar Kalan, Gurdaspur) came to be acquired vide notifications dated 24.11.1995 issued under Sections 4 and 6 respectively of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The acquisition was carried out for public purpose, namely, Channel of Shahpurkandi Dam Project IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-1992-2002 (O&M) Date of Decision: 06.03.2026 …..Appellants …..Respondents HON'BLE MR. JUSTICE HARKESH MANUJA Mr.R.S. Manhas, Advocate Mr. Gunjan Mehta, Addl.A.G., Punjab. By way of present appeal, challenge has been laid to an passed by the learned Reference Court Briefly stating, in the present case, some land owned by situated in the revenue estate of Village Tharra Jhikla Tehsil Dhar Kalan, Pathankot (erstwhile district Gurdaspur) came to be acquired vide notifications dated 23.06.1995 issued under Sections 4 and 6 respectively of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The out for public purpose, namely, for Hydel Channel of Shahpurkandi Dam Project. At the time of acquisition, By way of present appeal, challenge has been laid to an passed by the learned Reference Court- Briefly stating, in the present case, some land owned by Jhikla Pathankot (erstwhile district 23.06.1995 issued under Sections 4 and 6 respectively of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The for Hydel . At the time of acquisition, SANJAY GUPTA 2026.03.12 19:10 I attest to the accuracy and integrity of this document RFA-199 certain construction was already existing over the land in question regarding which award was passed by Land Acquisition Collector (for short 'the L Rs.2,65,020 appellant which came to be 01.12.20 3. evidence in the shape of deposition of AW Saini, approved valuer (possessing Diploma of Civil Engineering), site plan, valuation a existing over the acquired land were proved on record as Exs. A and A-1 assessed at Rs. entitled for the same benefit. 4. of respondents submits that a well the learned Reference Court upon appreciation of evidence available on record and the same thus, calls for no present appeal needs to be dismissed. 5. through the paper behalf of the appellant 1992-2002 (O&M) [2] certain construction was already existing over the land in question regarding which award was passed by Land Acquisition Collector (for short 'the LAC') on 12.03.1998 granting compensation to the tune of 2,65,020/- to the landowner(s). Being aggrieved appellants-landowners sought reference under Section 18 of the Act which came to be dismissed. Aggrieved of the decision dated .2001, the present appeal has been preferred. Learned counsel for the appellant evidence in the shape of deposition of AW , approved valuer (possessing Diploma of Civil Engineering), site plan, valuation and assessment report regarding the construction existing over the acquired land were proved on record as Exs. A respectively whereby, the total value of the building was assessed at Rs.5,25,000/- and thus, the appellant for the same benefit. On the other hand, learned counsel appearing on behalf of respondents submits that a well-reasoned award was passed by the learned Reference Court upon appreciation of evidence available on record and the same thus, calls for no present appeal needs to be dismissed. 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 appellants-landowners. certain construction was already existing over the land in question regarding which award was passed by Land Acquisition Collector (for granting compensation to the tune of to the landowner(s). Being aggrieved thereof, the sought reference under Section 18 of the Act Aggrieved of the decision dated esent appeal has been preferred. Learned counsel for the appellants submits that by way of evidence in the shape of deposition of AW-2 namely, Ved Parkash , approved valuer (possessing Diploma of Civil Engineering), site nd assessment report regarding the construction existing over the acquired land were proved on record as Exs. A respectively whereby, the total value of the building was and thus, the appellants-landowners were On the other hand, learned counsel appearing on behalf reasoned award was passed by the learned Reference Court upon appreciation of evidence available on record and the same thus, calls for no interference and the present appeal needs to be dismissed. I have heard learned counsel for the parties and gone book. I find substance in the submissions made on certain construction was already existing over the land in question regarding which award was passed by Land Acquisition Collector (for granting compensation to the tune of , the sought reference under Section 18 of the Act Aggrieved of the decision dated submits that by way of Ved Parkash , approved valuer (possessing Diploma of Civil Engineering), site nd assessment report regarding the construction existing over the acquired land were proved on record as Exs. A-2 respectively whereby, the total value of the building was were On the other hand, learned counsel appearing on behalf reasoned award was passed by the learned Reference Court upon appreciation of evidence available interference and the I have heard learned counsel for the parties and gone book. I find substance in the submissions made on SANJAY GUPTA 2026.03.12 19:10 I attest to the accuracy and integrity of this document RFA-199 6. awarded sum of Rs. existing over the acquired land. From the deposition of RW Chand Goel, Extra Assistant Engineer, PWD, B&R award was passed on the basis of as respondents structures over the acquired land needs to be carried out as per the current Common Schedule of Rates (CSR) as applicable to PWD Irrigation Branch. 7. has been proved on record as Rs. landowner approved valuer (possessing Diploma of Civil Engineering) through Site plan (Ex.A 8. respondents have not been able to impeach the credibility of his deposition, thus, in such circumstances, the Assessment Report (Ex.A-1) needs to be relied upon as a relevant and s of evidence for the purpose of determination of compensation in favour of appellant Court in " reported as 2012(1) RCR(Civil) 192 went on the valuations made by the respective parties. Adopting the same, in order to balance the equities, the appellant 1992-2002 (O&M) [3] As per the records, the appell awarded sum of Rs.2,65,020/- as compensation towards structure existing over the acquired land. From the deposition of RW Chand Goel, Extra Assistant Engineer, PWD, B&R award was passed on the basis of as respondents-authority. Pertinently, the valuation of house structures over the acquired land needs to be carried out as per the current Common Schedule of Rates (CSR) as applicable to PWD Irrigation Branch. On the other hand, the valuation of the super structure has been proved on record as Rs. landowners through deposition of AW approved valuer (possessing Diploma of Civil Engineering) through Site plan (Ex.A-2) and Valuation Report (Ex.A Despite a lengthy cross respondents have not been able to impeach the credibility of his deposition, thus, in such circumstances, the Assessment Report ) needs to be relied upon as a relevant and s of evidence for the purpose of determination of compensation in favour of appellants-landowners. Under similar circumstances, this Court in "Union of India and Ors. Vs. Rattan Chand and Anr. reported as 2012(1) RCR(Civil) 192 went on the valuations made by the respective parties. Adopting the same, in order to balance the equities, the appellant As per the records, the appellants-landowners were as compensation towards structure existing over the acquired land. From the deposition of RW-1, Fakir Chand Goel, Extra Assistant Engineer, PWD, B&R, it is clear that the award was passed on the basis of assessment made by the he valuation of house and other structures over the acquired land needs to be carried out as per the current Common Schedule of Rates (CSR) as applicable to PWD the valuation of the super structure has been proved on record as Rs.5,25,000/- by the appellant through deposition of AW-2/Ved Parkash Saini; the approved valuer (possessing Diploma of Civil Engineering) through Valuation Report (Ex.A-1). Despite a lengthy cross-examination of AW respondents have not been able to impeach the credibility of his deposition, thus, in such circumstances, the Assessment Report ) needs to be relied upon as a relevant and substantive piece of evidence for the purpose of determination of compensation in . Under similar circumstances, this Union of India and Ors. Vs. Rattan Chand and Anr. reported as 2012(1) RCR(Civil) 192 went on to take average of both the valuations made by the respective parties. Adopting the same, in order to balance the equities, the appellants-landowners are held were as compensation towards structure Fakir the sessment made by the and other structures over the acquired land needs to be carried out as per the current Common Schedule of Rates (CSR) as applicable to PWD the valuation of the super structure by the appellants- ; the approved valuer (possessing Diploma of Civil Engineering) through examination of AW-2, respondents have not been able to impeach the credibility of his deposition, thus, in such circumstances, the Assessment Report ubstantive piece of evidence for the purpose of determination of compensation in . Under similar circumstances, this Union of India and Ors. Vs. Rattan Chand and Anr." ake average of both the valuations made by the respective parties. Adopting the same, in held SANJAY GUPTA 2026.03.12 19:10 I attest to the accuracy and integrity of this document RFA-199 entitled for award of compensation on the basis of average of the two valuations i.e. one made by the one which has been proved on record by the appellant through the expert valuer (AW Rs.3,45,010 statutory benefits. 9. of. 10. expired in the appeal(s)/cross legal heirs have not been impleaded, they shall be at liberty to seek execution of the present decision by moving appropriate applications before the learned Executing Court. 11. disposed of. 06.03.2026 sanjay 1992-2002 (O&M) [4] entitled for award of compensation on the basis of average of the two valuations i.e. one made by the LAC @ Rs. one which has been proved on record by the appellant through the expert valuer (AW-2) @ Rs. 3,45,010/- [(Rs.5,25,000+ 2,65,020 statutory benefits. In view of the aforesaid, the present appeal is disposed 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 tion of the present decision by moving appropriate applications before the learned Executing Court. Pending misc. application(s), if any, shall also stand disposed of. 06.03.2026 Whether speaking/reasoned? Whether Reportable? entitled for award of compensation on the basis of average of the two LAC @ Rs.2,65,020/-and the other one which has been proved on record by the appellants-landowner ) @ Rs.3,45,010/- which comes to 2,65,020)/2] alongwith all other of the aforesaid, the present appeal is disposed Wherever the landowner(s) has/have unfortunately objection(s) after filing thereof and the legal heirs have not been impleaded, they shall be at liberty to seek tion of the present decision by moving appropriate applications Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No entitled for award of compensation on the basis of average of the two and the other landowners which comes to alongwith all other of the aforesaid, the present appeal is disposed Wherever the landowner(s) has/have unfortunately objection(s) after filing thereof and the legal heirs have not been impleaded, they shall be at liberty to seek tion of the present decision by moving appropriate applications Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) SANJAY GUPTA 2026.03.12 19:10 I attest to the accuracy and integrity of this document