RFA-1146 113 (4 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA Kamla Devi Haryana State through Secretary, CORAM: Present: HARKESH MANUJA, J. (ORAL) Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken 2. laid to the decision dated Additional District Judge ‘the Reference Court’) 3. estate of 1146-1997 (O&M) other connected cases 113 (4 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** RFA Date of Decision: 09.02.2026 Kamla Devi Versus Haryana State through Secretary, PWD(B&R), Deptt. Chandigarh. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. H.S. Kasan, Advocate for the appellant(s). Mr. Abhinash Jain, DAG, Haryana. -.- HARKESH MANUJA, J. (ORAL) Vide this common order, a bunch of Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken By way of filing the present appeal(s) challenge has been laid to the decision dated 13.02.1997 Additional District Judge-I Panipat-cum ‘the Reference Court’). Briefly stating, some land estate of Village Pasina Khurd, the then District Karnal 1997 (O&M) other connected cases [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-1146-1997 (O&M) Date of Decision: 09.02.2026 …….Appellant Versus PWD(B&R), Deptt. Chandigarh. ..….Respondent HON'BLE MR. JUSTICE HARKESH MANUJA H.S. Kasan, Advocate Mr. Abhinash Jain, DAG, Haryana. Vide this common order, a bunch of 4 Regular First Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from RFA No.1146-1997. way of filing the present appeal(s) challenge has been 13.02.1997 passed by the learned cum-Reference Court (for short some land, situated within the revenue the then District Karnal was acquired PWD(B&R), Deptt. Chandigarh. Regular First Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving common facts and question of law. For . way of filing the present appeal(s) challenge has been rned Reference Court (for short , situated within the revenue was acquired SANJAY GUPTA 2026.02.13 19:11 I attest to the accuracy and integrity of this document RFA-1146 by the Government of (published on 16.9.1975) issued under short ‘the Act’ respectively, for public purpose construction of link road from national Highway No.1 (G.T. Road) to Village Nurpur Gujran” LAC’) vide award of the acquired land @ Rs. statutory benefits acquisition charges @ 12% per annum. 4. landowner which were partly allowed decision dated acquired land @ Rs. benefits including solatium @ 30% 5. the present appeals were preferred at landowner(s). 6. through the paper 7. dated 31.05.1983 1146-1997 (O&M) other connected cases by the Government of Haryana vide notifications dated (published on 16.9.1975) and 22.12.1976 (published on 04.01.1977) issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose construction of link road from national Highway No.1 (G.T. Road) to Village Nurpur Gujran”. The Land Acquisition Collector (for sho LAC’) vide award dated 24.10.1985 assessed market value in respect of the acquired land @ Rs.5,000/ statutory benefits including solatium acquisition charges @ 12% per annum. Dissatisfied with the aforesaid award, the appellant landowner(s) filed reference petitions invoking Section 18 of the Act, were partly allowed by the learned Reference Court vide decision dated 13.02.1997 while determining the market value of the acquired land @ Rs.5264/- per acre including solatium @ 30% under the Act Aggrieved of the decision of the present appeals were preferred at landowner(s). I have heard learned counsel for the parties and gone through the paper-book. A perusal of the record shows that two sale deeds Ex.PA dated 31.05.1983 and Ex.PB (in urdu 1997 (O&M) other connected cases [2] vide notifications dated 04.09.1975 22.12.1976 (published on 04.01.1977) Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose, namely, “for the construction of link road from national Highway No.1 (G.T. Road) to The Land Acquisition Collector (for short ‘the assessed market value in respect /- per acre, besides all other including solatium @ 30% as well as compulsory acquisition charges @ 12% per annum. with the aforesaid award, the appellant( reference petitions invoking Section 18 of the Act, by the learned Reference Court vide while determining the market value of the per acre besides all other statutory under the Act. decision of the learned Reference Court, the present appeals were preferred at the instance of appellant(s)/ I have heard learned counsel for the parties and gone A perusal of the record shows that two sale deeds Ex.PA in urdu) dated 03/06.01.1968 have 04.09.1975 22.12.1976 (published on 04.01.1977), Sections 4 and 6 of the Land Acquisition Act, 1894, for the construction of link road from national Highway No.1 (G.T. Road) to rt ‘the assessed market value in respect other @ 30% as well as compulsory (s)/ reference petitions invoking Section 18 of the Act, by the learned Reference Court vide while determining the market value of the besides all other statutory the learned Reference Court, appellant(s)/ I have heard learned counsel for the parties and gone A perusal of the record shows that two sale deeds Ex.PA .1968 have SANJAY GUPTA 2026.02.13 19:11 I attest to the accuracy and integrity of this document RFA-1146 been produced on record by the appellant(s)/ landowner(s). The sale deed Ex.PA relates to be relied upon, however, the sale deed Ex.PB is in Urdu and no translation of the said document has been produced record and as such the same also cannot be relied upon assessing the market value in the present case. 8. reliance upon sale instance Ex.R3 dated 30.05.1975 has awarded marginal enhancement in acre to Rs.5264/ under the Act. Vide sale deed dated 30.05.1975 (Ex.R3), 22 16 marlas of land forming part of the same revenue estate of Village Pasina Khu per acre. A perusal of r (Ex.P1), the land parcel forming part of Ex.R3 was located at around 3 ½ acre away from the acquired land and the same was thus right relied upon being most suitable sale exemplar. 9. record that the Siwah, which was appar the acquisition being rasta’, in such circumstances, the same was having even 1146-1997 (O&M) other connected cases been produced on record by the appellant(s)/ landowner(s). The sale deed Ex.PA relates to the period post be relied upon, however, the sale deed Ex.PB is in Urdu and no translation of the said document has been produced record and as such the same also cannot be relied upon assessing the market value in the present case. Further, the learned Reference Court having placed reliance upon sale instance Ex.R3 dated 30.05.1975 has awarded marginal enhancement in favour of landowner(s) from Rs.5000/ acre to Rs.5264/- per acre along with all other statutory benefits under the Act. Vide sale deed dated 30.05.1975 (Ex.R3), 22 16 marlas of land forming part of the same revenue estate of Village Pasina Khurd was sold for Rs.15,000/ per acre. A perusal of record further shows that as per site plan (Ex.P1), the land parcel forming part of Ex.R3 was located at around 3 ½ acre away from the acquired land and the same was thus right relied upon being most suitable sale exemplar. However, taking into account the evidence record that the acquired land was in t , which was abutting the National Highway (Panipat to Delhi); was apparent that the same had got the acquisition being for widening of the already existing ‘ in such circumstances, the same was having even 1997 (O&M) other connected cases [3] been produced on record by the appellant(s)/ landowner(s). The sale post-notification and thus need not be relied upon, however, the sale deed Ex.PB is in Urdu and no translation of the said document has been produced or proved on record and as such the same also cannot be relied upon assessing the market value in the present case. earned Reference Court having placed reliance upon sale instance Ex.R3 dated 30.05.1975 has awarded favour of landowner(s) from Rs.5000/- per per acre along with all other statutory benefits under the Act. Vide sale deed dated 30.05.1975 (Ex.R3), 22 kanals 16 marlas of land forming part of the same revenue estate of Village rd was sold for Rs.15,000/- with base price @ Rs.5263.15 ecord further shows that as per site plan (Ex.P1), the land parcel forming part of Ex.R3 was located at around 3 ½ acre away from the acquired land and the same was thus right relied upon being most suitable sale exemplar. However, taking into account the evidence available on acquired land was in the close vicinity of Village the National Highway (Panipat to Delhi); ent that the same had got locational advantage. Besides, for widening of the already existing ‘gair mumkin in such circumstances, the same was having even better been produced on record by the appellant(s)/ landowner(s). The sale notification and thus need not be relied upon, however, the sale deed Ex.PB is in Urdu and no oved on for earned Reference Court having placed reliance upon sale instance Ex.R3 dated 30.05.1975 has awarded per per acre along with all other statutory benefits kanals 16 marlas of land forming part of the same revenue estate of Village with base price @ Rs.5263.15 ecord further shows that as per site plan (Ex.P1), the land parcel forming part of Ex.R3 was located at around 3 ½ acre away from the acquired land and the same was thus rightly available on he close vicinity of Village the National Highway (Panipat to Delhi); it advantage. Besides, gair mumkin better SANJAY GUPTA 2026.02.13 19:11 I attest to the accuracy and integrity of this document RFA-1146 locational and potential value as compared to the land forming p Ex.R3. Moreover, it must further be taken into consideration regular sale instan market price just to save stamp duty. In such circumstances, keeping in mind the objectives of the Act to grant just and fair compensation to the appellant/ landowner, this Court is of the view that the appellant per acre besides all statutory benefits including solatium @ 30% as well as compulsory acquisition charges @ 12% per annum as provided under the Act (amended upto date) 10. 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) b 11. landowners area allowed in the aforesaid terms 12. disposed of. 09.02.2026 sanjay Sr. No. 1. 1146-1997 (O&M) other connected cases locational and potential value as compared to the land forming p Ex.R3. Moreover, it must further be taken into consideration regular sale instances are ordinarily executed at rates lower than market price just to save stamp duty. In such circumstances, keeping in mind the objectives of the Act to grant just and fair compensation to the appellant/ landowner, this Court is of the view that the t(s)/ landowner(s) are entitled for market value @ Rs.6000/ per acre besides all statutory benefits including solatium @ 30% as well as compulsory acquisition charges @ 12% per annum as provided under the Act (amended upto date) 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. Accordingly, the appeals filed by the appellant(s)/ landowners area allowed in the aforesaid terms Pending misc. application(s), if any, shall also stand disposed of. 09.02.2026 Whether speaking/reasoned? Whether Reportable? Sr. No. Case No. 1. RFA-1147-1997 (O&M) 1997 (O&M) other connected cases [4] locational and potential value as compared to the land forming part of Ex.R3. Moreover, it must further be taken into consideration that the are ordinarily executed at rates lower than market price just to save stamp duty. In such circumstances, keeping in mind the objectives of the Act to grant just and fair compensation to the appellant/ landowner, this Court is of the view that the entitled for market value @ Rs.6000/ per acre besides all statutory benefits including solatium @ 30% as well as compulsory acquisition charges @ 12% per annum as provided under the Act (amended upto date). 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 efore the learned Executing Court. Accordingly, the appeals filed by the appellant(s)/ landowners area allowed in the aforesaid terms. Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No (O&M) art of that the are ordinarily executed at rates lower than market price just to save stamp duty. In such circumstances, keeping in mind the objectives of the Act to grant just and fair compensation to the appellant/ landowner, this Court is of the view that the entitled for market value @ Rs.6000/- per acre besides all statutory benefits including solatium @ 30% as well as compulsory acquisition charges @ 12% per annum as 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 Accordingly, the appeals filed by the appellant(s)/ Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) SANJAY GUPTA 2026.02.13 19:11 I attest to the accuracy and integrity of this document RFA-1146 2. 3. 09.02.2026 sanjay 1146-1997 (O&M) other connected cases 2. RFA-1429-1997 (O&M) 3. RFA-2337-1997 (O&M) 09.02.2026 1997 (O&M) other connected cases [5] (O&M) (O&M) (HARKESH MANUJA) JUDGE (HARKESH MANUJA) SANJAY GUPTA 2026.02.13 19:11 I attest to the accuracy and integrity of this document