RFA-799 115(2) IN THE HIGH COURT OF PUNJAB AND HARYANA Bishan Lal State of Punjab and ors. CORAM: Present: HARKESH MANUJA, J. (ORAL) award dated 0 cum-Addl. District Judge, 2. the appellant situated in the revenue estate of Village 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 out for public purpose Channel of Shahpurkandi Dam Project 799-2002 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** RFA Date of Decision: Bishan Lal Versus State of Punjab and ors. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.R.S. Manhas, 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 an award dated 02.08.2001 passed by the learned Reference Court Addl. District Judge, Gurdaspur. Briefly stating, in the present case, some land owned by the appellant 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 Channel of Shahpurkandi Dam Project IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-799-2002 (O&M) Date of Decision: 06.03.2026 …..Appellant …..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 the appellant 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 acquisition was carried 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 ile 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-799 certain construction was already existing over the land in question regarding which award was passed by Land Acquisition Collector (for short 'the LAC') on Rs.1,11,570 appellant which came to be 02.08.20 3. evidence i 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.1,99,4 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 interference and the present appeal needs to be dismissed. 5. through the paper behalf of the appellant 799-2002 (O&M) [2] tain 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 1,11,570/- to the landowner(s). Being aggrieved appellant-landowner 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 submits that by way of 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 420.43/- and thus, the appellant the same benefit. On the other hand, learned counsel appearing on behalf of respondents submits that a well-reas 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 through the paper-book. I find substance in the submissions made on behalf of the appellant-landowner. tain 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 landowner sought reference under Section 18 of the Act Aggrieved of the decision dated esent appeal has been preferred. Learned counsel for the appellant submits that by way of n the shape of deposition of AW-1 namely, Pawan Kumar 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-2 and A respectively whereby, the total value of the building was assessed at and thus, the appellant-landowner was entitled for 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 tain 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 landowner sought reference under Section 18 of the Act Aggrieved of the decision dated Learned counsel for the appellant submits that by way of Pawan Kumar, approved valuer (possessing Diploma of Civil Engineering), site plan, valuation and assessment report regarding the construction existing 2 and A-1 respectively whereby, the total value of the building was assessed at landowner was entitled for On the other hand, learned counsel appearing on behalf oned 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 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-799 6. sum of Rs. over the acquired land. From Goel, Extra Assistant Engineer, PWD, B&R was passed on the basis of assessment made by the respondents authority the acquired lan Schedule of Rates (CSR) as applicable to PWD Irrigation Branch. 7. has been proved on record as Rs. landowner through valuer (possessing Diploma of Civil Engineering) through Site plan (Ex.A-2) and 8. respondents have not been able to impeach the credibil deposition, thus, in such circumstances, the Assessment Report (Ex.A-1) needs to be relied upon as a relevant and substantive piece 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 appe for award of compensation on the basis of average of the two 799-2002 (O&M) [3] As per the records, the appellant sum of Rs.1,11,570/- as compensation towards structure existing over the acquired land. From the deposition of RW Goel, Extra Assistant Engineer, PWD, B&R was passed on the basis of assessment made by the respondents . Pertinently, the valuation of house 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.1, landowner through deposition of AW- valuer (possessing Diploma of Civil Engineering) through Site plan 2) and Valuation Report (Ex.A-1 Despite a lengthy cross respondents have not been able to impeach the credibil 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 favour of appellant-landowner. Under similar 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 appe for award of compensation on the basis of average of the two As per the records, the appellant-landowner was awarded as compensation towards structure existing the deposition of RW-2, 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 respondents he valuation of house and other structures over d needs to be carried out as per the current Common Schedule of Rates (CSR) as applicable to PWD Irrigation Branch. the valuation of the super structure 1,99,420.43/- by the appellant -1/Pawan Kumar; the approved valuer (possessing Diploma of Civil Engineering) through Site plan 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 landowner. 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 appellant-landowner is held entitled for award of compensation on the basis of average of the two landowner was awarded as compensation towards structure existing Fakir Chand award was passed on the basis of assessment made by the respondents- and other structures over d needs to be carried out as per the current Common the valuation of the super structure by the appellant- ; the approved valuer (possessing Diploma of Civil Engineering) through Site plan examination of AW-1, ity 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 circumstances, this Union of India and Ors. Vs. Rattan Chand and Anr." to take average of both the valuations made by the respective parties. Adopting the same, in landowner is held entitled for award of compensation on the basis of average of the two SANJAY GUPTA 2026.03.12 19:10 I attest to the accuracy and integrity of this document RFA-799 valuations i.e. one made by the LAC @ Rs. one which has been proved on record by the appellant through the expert valuer (AW Rs.1,55,495.21 other statutory benefits. 9. of. 10. expired in 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 799-2002 (O&M) [4] valuations i.e. one made by the LAC @ Rs. one which has been proved on record by the appellant through the expert valuer (AW-1) @ Rs. 495.21/- [(Rs.1,99,420.43+ other 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 execution 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? valuations i.e. one made by the LAC @ Rs.1,11,570/-and the other one which has been proved on record by the appellant-landowner Rs.1,99,420.43/- which comes to + Rs.1,11,570)/2] alongwith all In view 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 execution of the present decision by moving appropriate applications application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No and the other landowner which comes to alongwith all In view 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 execution of the present decision by moving appropriate applications 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