Research › Search › Judgment

High Court of Punjab and Haryana · body

2004 DAILYLAW 1389 (PNJ)

JASWANT SINGH v. ST OF PB

RFA/2487/2004 · 2026-01-16

Harkesh Manuja

body2004

Judgment text

Extracted from the PDF above. The PDF is authoritative.

RFA-2487 125 (2 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA 1. Jaswant Singh and others State of 2. Sukhdev Singh and others State of Punjab and anr. CORAM: Present: HARKESH MANUJA, J. (ORAL) Regular First Appeals, as common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from -2004. 2. laid to the Court-cum petition(s) preferred under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) seeking enhancement of compensation at the instan 2487-2004 (O&M) & other connected case (2 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** Date of Decision: 1 RFA Jaswant Singh and others Versus State of Punjab and anr. RFA Sukhdev Singh and others Versus State of Punjab and anr. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Vinod K. Kataria, Advocate for the appellants/landowners Mr.Athar Ahmed, DAG, Punjab. -.- HARKESH MANUJA, J. (ORAL) This order of mine shall dispose of abovementioned two Regular First Appeals, as both the common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from By way of filing the present appeal(s) challenge has been laid to the Award dated 22.07.2004 passed by the learned cum-Additional District Judge, Faridkot, petition(s) 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 declined for want of (O&M) & other connected case [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 16.01.2026 RFA-2487-2004 (O&M) …….Appellants Versus ..….Respondents RFA-2488-2004 (O&M) …..Appellants. …..Respondents HON'BLE MR. JUSTICE HARKESH MANUJA Vinod K. Kataria, Advocate /landowners. Punjab. This order of mine shall dispose of abovementioned two both 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.2487 way of filing the present appeal(s) challenge has been passed by the learned Reference Faridkot, whereby the reference petition(s) preferred under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) seeking enhancement of compensation at ce of appellants/ landowners was declined for want of This order of mine shall dispose of abovementioned two appeals have arisen out of common acquisition/Award involving common facts and question of 2487 way of filing the present appeal(s) challenge has been Reference whereby the reference petition(s) preferred under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) seeking enhancement of compensation at ce of appellants/ landowners was declined for want of SANJAY GUPTA 2026.01.16 18:28 I attest to the accuracy and integrity of this document RFA-2487 evidence. 2. through the paper 3. opportunity, the appellant/ landowners in support of their claim Section 18 of the Act purpose of the provisions of the Act, compensation to the landowners justice, the impugned award dated 22.07.2004 is hereby set aside. The matter is remanded to the learned Reference Court afresh with a direction to appellants/ landow support of their claim. shall also be afforded two effective opportunities to lead their evidence. 4. 5. Reference Court on 26.02.2026. 6. disposed of. 16.01.2026 sanjay 2487-2004 (O&M) & other connected case evidence. I have heard learned counsel for the parties and gone through the paper-book. In the present case, despite having availed opportunity, the appellant/ landowners in support of their claim articulated Section 18 of the Act. However, since purpose of the provisions of the Act, compensation to the landowners, thus justice, the impugned award dated 22.07.2004 is hereby set aside. The matter is remanded to the learned Reference Court with a direction to give two effective opportunities to the appellants/ landowners to lead and conclude their entire evidence in support of their claim. Needless to say, shall also be afforded two effective opportunities to lead their evidence. Both the appeals are disposed of in the above terms. Parties are directed to appear before the learned Reference Court on 26.02.2026. Pending misc. application(s), if any, shall also stand disposed of. .01.2026 Whether speaking/reasoned? Whether Reportable? (O&M) & other connected case [2] I have heard learned counsel for the parties and gone despite having availed sufficient opportunity, the appellant/ landowners failed to produce any evidence articulated in the reference petition under since one of the main objective and purpose of the provisions of the Act, is awarding just and fair , thus, purely in the interest of justice, the impugned award dated 22.07.2004 is hereby set aside. The matter is remanded to the learned Reference Court for deciding it give two effective opportunities to the lead and conclude their entire evidence in Needless to say, in response, respondents shall also be afforded two effective opportunities to lead their Both the appeals are disposed of in the above terms. arties 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 I have heard learned counsel for the parties and gone sufficient to produce any evidence in the reference petition under and just and fair , purely in the interest of justice, the impugned award dated 22.07.2004 is hereby set aside. for deciding it give two effective opportunities to the lead and conclude their entire evidence in in response, respondents shall also be afforded two effective opportunities to lead their arties are directed to appear before the learned Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) SANJAY GUPTA 2026.01.16 18:28 I attest to the accuracy and integrity of this document