RFA-4260 121 IN THE HIGH COURT OF PUNJAB AND HARYANA Harish Chander State of CORAM: Present: HARKESH MANUJA, J. (ORAL) laid to the Court-cum Reference Court’) Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) seeking enhancement of compe landowners was 2. through the paper 3. availed 4 any evidence in support of their claim articulated in the reference petition under Section 18 of the Act. However, 4260-1998 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** RFA Date of Decision: Harish Chander @ Hari Chander Versus State of Haryana and anr. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Kamaldeep Kaur, Advocate for the appellant. Mr. Abhinash Jain, DAG, Haryana. -.- HARKESH MANUJA, J. (ORAL) By way of filing the present appeal challenge has been laid to the Award dated 05.08.1998 passed by the learned cum-Additional District Judge, Reference Court’), whereby the reference petition preferred under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) seeking enhancement of compensation at the instance of appellants/ landowners was dismissed for want of evidence. I have heard learned counsel for the parties and gone through the paper-book. A perusal of the paper-book shows that 4-5 opportunities, the appellant/ landowner failed to produce any evidence in support of their claim articulated in the reference petition under Section 18 of the Act. However, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-4260-1998 (O&M) Date of Decision: 27.01.2026 …….Appellant Versus ..….Respondents JUSTICE HARKESH MANUJA s. Kamaldeep Kaur, Advocate Mr. Abhinash Jain, DAG, Haryana. way of filing the present appeal challenge has been passed by the learned Reference Additional District Judge, Faridabad (for short ‘the , whereby the reference petition preferred under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) nsation at the instance of appellants/ for want of evidence. I have heard learned counsel for the parties and gone book shows that despite having appellant/ landowner failed to produce any evidence in support of their claim articulated in the reference petition under Section 18 of the Act. However, considering the fact way of filing the present appeal challenge has been Reference (for short ‘the , whereby the reference petition preferred under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) nsation at the instance of appellants/ I have heard learned counsel for the parties and gone despite having appellant/ landowner failed to produce any evidence in support of their claim articulated in the reference considering the fact SANJAY GUPTA 2026.01.29 18:39 I attest to the accuracy and integrity of this document RFA-4260 that the present case relates to compulsory acquisition of land and the main obj and fair compensation circumstances, by by technicalities dated 05.08.1998 learned Reference Court for deciding it afresh with a direction to give two effective opportunities to the appellant/ landowner to lead and conclude in response, respondents shall also be afforded two effective opportunities to lead their evidence. 4. 5. 4. 5. Reference Court on 2 6. disposed of. 27.01.2026 sanjay 4260-1998 (O&M) [2] that the present case relates to compulsory acquisition of land and main objective and purpose of the provisions of the Act, and fair compensation be given circumstances, by adopting a pragmatic approach, rather than going by technicalities; purely in the interest of justice, the impugned awar 05.08.1998 is hereby set aside. The matter is remanded to the learned Reference Court for deciding it afresh with a direction to give two effective opportunities to the appellant/ landowner to lead and conclude his entire evidence in support of in response, respondents shall also be afforded two effective opportunities to lead their evidence. Appeal is disposed of in the above terms. Parties are directed to appear before the learned Reference Court on 24.02.2026. Pending misc. application(s), if any, shall also stand disposed of. .01.2026 Whether speaking/reasoned? Whether Reportable? that the present case relates to compulsory acquisition of land and ective and purpose of the provisions of the Act, being just be given to the landowners, in such adopting a pragmatic approach, rather than going purely in the interest of justice, the impugned awar is hereby set aside. The matter is remanded to the learned Reference Court for deciding it afresh with a direction to give two effective opportunities to the appellant/ landowner to lead and entire evidence in support of his claim. Needless to say, in response, respondents shall also be afforded two effective disposed of in the above terms. Parties are directed to appear before the learned Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No that the present case relates to compulsory acquisition of land and just , in such adopting a pragmatic approach, rather than going purely in the interest of justice, the impugned award is hereby set aside. The matter is remanded to the learned Reference Court for deciding it afresh with a direction to give two effective opportunities to the appellant/ landowner to lead and claim. Needless to say, in response, respondents shall also be afforded two effective Parties are directed to appear before the learned Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) SANJAY GUPTA 2026.01.29 18:39 I attest to the accuracy and integrity of this document