RFA-1807 116 IN THE HIGH COURT OF PUNJAB AND HARYANA Sukhdev Singh and others State of Haryana and others CORAM: Present: HARKESH MANUJA, J. (ORAL) CM-4242 appeal being legal representatives of deceased Lakhwinder Singh, is allowed as prayed for subject to all just exceptions. MAIN CASE Appeals, details of are being decided as all the appeals have arisen out of common acquisition/Award involving identical facts and question of law. For 807-2007 (O&M) and other connected cases IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** RFA Date of Decision: Sukhdev Singh and others Versus State of Haryana and others CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Gurdeep Kaur, Advocate for Mr. P.K. Ganga, Advocate for the appellants. Mr. Abhinash Jain, DAG, Haryana. -.- HARKESH MANUJA, J. (ORAL) 4242-CI-2007 Application for permitting the applicants/ appellants to file appeal being legal representatives of deceased Lakhwinder Singh, is allowed as prayed for subject to all just exceptions. MAIN CASE: Vide this common order, a 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 identical facts and question of law. For M) and other connected cases [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-1807-2007 (O&M) Date of Decision: 08.04.2026 …….Appellants Versus ..….Respondents MR. JUSTICE HARKESH MANUJA Ms. Gurdeep Kaur, Advocate for Mr. P.K. Ganga, Advocate Abhinash Jain, DAG, Haryana. for permitting the applicants/ appellants to file appeal being legal representatives of deceased Lakhwinder Singh, is allowed as prayed for subject to all just exceptions. Vide this common order, a bunch of 10 Regular First which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving identical facts and question of law. For for permitting the applicants/ appellants to file appeal being legal representatives of deceased Lakhwinder Singh, is First which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving identical facts and question of law. For SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 the sake of brevity, facts are being taken from 2. the Award dated 17.11.2006 passed by the learned Addl. District Judge, Sirsa (hereinafter to be referred as the ‘ whereby, reference petition(s) preferred at the instance of landowner(s) invoking Section 18 of the Land Acquisition Act, 1894 (for brevity, 3. 5.89 acres situated with Tehsil and District Sirsa was acquired vide Notifications dated 03.04.2002 and 21.05.2002 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short the ‘1894 Act’) respectively for the public purpos Bandh (Budhania Ther) of Village Kariwala” of the 1894 Act was passed by the Land Acquisition Collector (for short ‘the LAC’ benefits and interests provided under the 1894 Act assessing Sr. No. 1. 2. 3. 4 appellants 807-2007 (O&M) and other connected cases the sake of brevity, facts are being taken from By way of present appeal(s), challenge has been laid to the Award dated 17.11.2006 passed by the learned Addl. District Judge, Sirsa (hereinafter to be referred as the ‘ whereby, reference petition(s) preferred at the instance of landowner(s) invoking Section 18 of the Land Acquisition Act, 1894 (for brevity, “1894 Act”), were dismissed Briefly stating, in the present case(s), land measuring 5.89 acres situated within the revenue estate of Village Kariwala, Tehsil and District Sirsa was acquired vide Notifications dated 03.04.2002 and 21.05.2002 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short the ‘1894 Act’) respectively for the public purpose, namely, “for construction of augmentation Ghaggar Bandh (Budhania Ther) of Village Kariwala” of the 1894 Act was passed by the Land Acquisition Collector (for the LAC’) on 29.07.2002, besides enefits and interests provided under the 1894 Act assessing the market value in the following manner: Type of Land Market Value (in Rs. per acre) Nehri Rs.2,25,000/ Sailab Rs.1,25,000/ Gair Mumkin Rs.3,00,000/ Dissatisfied with the Award passed by the LAC, appellants-landowners invoked Reference under Section 18 of the M) and other connected cases [2] the sake of brevity, facts are being taken from RFA No.1807-2007. way of present appeal(s), challenge has been laid to the Award dated 17.11.2006 passed by the learned Addl. District Judge, Sirsa (hereinafter to be referred as the ‘Reference Court whereby, reference petition(s) preferred at the instance of landowner(s) invoking Section 18 of the Land Acquisition Act, 1894 dismissed. Briefly stating, in the present case(s), land measuring in the revenue estate of Village Kariwala, Tehsil and District Sirsa was acquired vide Notifications dated 03.04.2002 and 21.05.2002 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short the ‘1894 Act’) respectively for the for construction of augmentation Ghaggar Bandh (Budhania Ther) of Village Kariwala”. Award under Section 11 of the 1894 Act was passed by the Land Acquisition Collector (for besides granting all other statutory enefits and interests provided under the 1894 Act, thereby the market value in the following manner:- Market Value (in Rs. per acre) Rs.2,25,000/- per acre Rs.1,25,000/- per acre Rs.3,00,000/- per acre Dissatisfied with the Award passed by the LAC, invoked Reference under Section 18 of the 2007. way of present appeal(s), challenge has been laid to the Award dated 17.11.2006 passed by the learned Addl. District Reference Court’) whereby, reference petition(s) preferred at the instance of landowner(s) invoking Section 18 of the Land Acquisition Act, 1894 Briefly stating, in the present case(s), land measuring in the revenue estate of Village Kariwala, Tehsil and District Sirsa was acquired vide Notifications dated 03.04.2002 and 21.05.2002 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short the ‘1894 Act’) respectively for the for construction of augmentation Ghaggar . Award under Section 11 of the 1894 Act was passed by the Land Acquisition Collector (for statutory thereby Market Value (in Rs. per acre) Dissatisfied with the Award passed by the LAC, invoked Reference under Section 18 of the SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 1894 Act Court vide its decision dated 17.11.2006, while passed by the LAC 5. appeals, details whereof are mentioned in the footnote of the judgment. CONTENTION(S): ON BEHALF OF THE APPELLANTS 6. for the appellants/ landowners submits that the entire acquired land was located just abutting a tract of land being used as certain village inhabitants and thus potential. Learned counsel valuation of the entire acquired land ought to have been determined by treating it as being of a ‘ that the market value needs favour of the appellants evidence and the award passed by the learned Reference Court liable to be modified. ON BEHALF OF THE RESPONDENT(S) 6. respondent prepared by SDO, Water Services sub Division, Ellenabad Executive Engineer, Ghaggar Water Services Division, Sirsa to 807-2007 (O&M) and other connected cases 1894 Act which came to be dismissed by the learned Reference Court vide its decision dated 17.11.2006, while passed by the LAC. Aggrieved thereof, the landowner appeals, details whereof are mentioned in the footnote of the judgment. CONTENTION(S): ON BEHALF OF THE APPELLANTS Impugning the aforementioned Award, learned counsel for the appellants/ landowners submits that the entire acquired land was located just abutting a tract of land being used as certain village inhabitants and thus, . Learned counsel contends valuation of the entire acquired land ought to have been determined by treating it as being of a ‘gair mumkin that the market value needs to be reassessed and enhanced in favour of the appellants/landowners based on the aforementioned evidence and the award passed by the learned Reference Court liable to be modified. ON BEHALF OF THE RESPONDENT(S) Per contra, learned counsel respondent(s)-State has placed on record a site plan/ prepared by SDO, Water Services sub Division, Ellenabad Executive Engineer, Ghaggar Water Services Division, Sirsa to M) and other connected cases [3] which came to be dismissed by the learned Reference Court vide its decision dated 17.11.2006, while upholding the award the landowners preferred the present appeals, details whereof are mentioned in the footnote of the ON BEHALF OF THE APPELLANTS-LANDOWNERS:- Impugning the aforementioned Award, learned counsel for the appellants/ landowners submits that the entire acquired land was located just abutting a tract of land being used as abadi possessed inherent residential contends that in such circumstances, the valuation of the entire acquired land ought to have been determined gair mumkin’ nature and she thus, prays to be reassessed and enhanced in landowners based on the aforementioned evidence and the award passed by the learned Reference Court ON BEHALF OF THE RESPONDENT(S)-STATE:- , learned counsel appearing for the has placed on record a site plan/naksha prepared by SDO, Water Services sub Division, Ellenabad and Executive Engineer, Ghaggar Water Services Division, Sirsa to which came to be dismissed by the learned Reference upholding the award preferred the present appeals, details whereof are mentioned in the footnote of the Impugning the aforementioned Award, learned counsel for the appellants/ landowners submits that the entire acquired land by possessed inherent residential that in such circumstances, the valuation of the entire acquired land ought to have been determined he thus, prays to be reassessed and enhanced in landowners based on the aforementioned evidence and the award passed by the learned Reference Court is appearing for the naksha and Executive Engineer, Ghaggar Water Services Division, Sirsa to SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 submit that the acquired land cluster inhabited by certain villagers, distance acquired land was not to be treated as assessment of market value. He thus any positive evidence brought on record by the appellants/ landowners to establish that the acquired land was being used for residential purposes or existing thereupon market value was assessed while taking into account the nature of land as reflected in the revenue record called for no interference and the present appeals were thus liable to be dismissed. DISCUSSION AND REASONING 7. through the paper substance in the submissions made on behalf of the appellants. 8. today is taken on record as Court to arrive at just conclusion. reflects that the acquired land in being used for residen established that the said parcel of land was ever reserved as deh at the time of consolidation in Village Kariwala, however, it is not 807-2007 (O&M) and other connected cases submit that the acquired land though adjoining a limited cluster inhabited by certain villagers, from abadi deh of village Kariwala and as such acquired land was not to be treated as assessment of market value. He thus positive evidence brought on record by the appellants/ landowners to establish that the acquired land was being used for residential purposes or any constructions existing thereupon, the award passed by the LAC vide which the market value was assessed while taking into account the nature of land as reflected in the revenue record called for no interference and the present appeals were thus liable to be dismissed. DISCUSSION AND REASONING: - I have heard learned counsel for the parties and gone through the paper-book as well as records of the case. substance in the submissions made on behalf of the appellants. The site plan produced by learned State today is taken on record as Mark ‘X’ as the same is going to help the Court to arrive at just conclusion. A perusal of the same clearly reflects that the acquired land in fact, being used for residential purpose established that the said parcel of land was ever reserved as at the time of consolidation in Village Kariwala, however, it is not M) and other connected cases [4] though adjoining a limited residential cluster inhabited by certain villagers, was located at a considerable of village Kariwala and as such, the entire acquired land was not to be treated as gair mumkin for the purpose of assessment of market value. He thus submits that in the absence of positive evidence brought on record by the appellants/ landowners to establish that the acquired land was being used for constructions in the form of houses were passed by the LAC vide which the market value was assessed while taking into account the nature of land as reflected in the revenue record called for no interference and the present appeals were thus liable to be dismissed. I have heard learned counsel for the parties and gone book as well as records of the case. I find substance in the submissions made on behalf of the appellants. The site plan produced by learned State counsel in Court as the same is going to help the A perusal of the same clearly abuts and adjoins parcel of land tial purpose (abadi). No doubt, it was not established that the said parcel of land was ever reserved as abadi at the time of consolidation in Village Kariwala, however, it is not residential at a considerable the entire for the purpose of absence of positive evidence brought on record by the appellants/ landowners to establish that the acquired land was being used for ere passed by the LAC vide which the market value was assessed while taking into account the nature of land as reflected in the revenue record called for no interference and I have heard learned counsel for the parties and gone I find in Court as the same is going to help the A perusal of the same clearly abuts and adjoins parcel of land No doubt, it was not abadi at the time of consolidation in Village Kariwala, however, it is not SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 in dispute that the land parcel abutting and adjoining the acquired land is being used perusal of the award discerned that constructions in the form of tubewells and (residential houses) were existing over the subject land at the time of its acquisition upon to make assessment of value of such tubewells and Therefore proximity and abutting for being used towards residential purpose. In such circumstances, it would be just and fair to award Rs.3,00,000/ landowners. 9. perusal of the record shows that record by the landowners jamabandies was recorded that atleast one crop a year was being cultivated over the same, evident that the land was being put to agricultural use, equitable to reassess the market value favour of landowners with respect to ‘ 10. 807-2007 (O&M) and other connected cases in dispute that the land parcel abutting and adjoining the acquired is being used for residential perusal of the award dated 29.07.2002 discerned that constructions in the form of tubewells and (residential houses) were existing over the subject land at the time of cquisition and for this reason only upon to make assessment of value of such tubewells and Therefore, it was evident that the acquired land being located in close proximity and abutting dhanies (residential houses) carried potential for being used towards residential purpose. In such circumstances, it would be just and fair to award ,00,000/- per acre for Chahi and landowners. Furthermore, for the acquired land of ‘ perusal of the record shows that in the record by the landowners, the nature of land in some of such jamabandies is reflected as ‘sailab’, however, in the column of crop, was recorded that atleast one crop a year was being cultivated over the same, thereby reflecting its productivity and potential. Once evident that the land was being put to agricultural use, equitable to reassess the market value favour of landowners with respect to ‘sa Accordingly, the market value of the acquired land in M) and other connected cases [5] in dispute that the land parcel abutting and adjoining the acquired purposes. Moreover, from the dated 29.07.2002 passed by the LAC, it can be discerned that constructions in the form of tubewells and dhanies (residential houses) were existing over the subject land at the time of only the department was called upon to make assessment of value of such tubewells and dhanies , it was evident that the acquired land being located in close (residential houses) carried potential for being used towards residential purpose. In such circumstances, it similar and uniform value of and gair mumkin land in favour of thermore, for the acquired land of ‘sailab’ nature in the jamabandies produced on the nature of land in some of such ’, however, in the column of crop, was recorded that atleast one crop a year was being cultivated over reflecting its productivity and potential. Once, it is evident that the land was being put to agricultural use, it would be equitable to reassess the market value @ Rs.2,00,000/- per acre sailab’ nature of land. Accordingly, the market value of the acquired land in in dispute that the land parcel abutting and adjoining the acquired the passed by the LAC, it can be dhanies (residential houses) were existing over the subject land at the time of epartment was called dhanies. , it was evident that the acquired land being located in close (residential houses) carried potential for being used towards residential purpose. In such circumstances, it uniform value of land in favour of ’ nature, a produced on the nature of land in some of such ’, however, in the column of crop, it was recorded that atleast one crop a year was being cultivated over it is it would be per acre in Accordingly, the market value of the acquired land in SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 case(s) in hand as on the date of notification under Section 4 of the 1894 Act is thus, assessed in the followi Sr. No. 1. 2. 3. 11. preferred at the by modifying the award Reference Court statutory benefits including interest under the interest on solatium. 12. landowners, if the legal heir(s) brought on record, they shall be entitled for filing exemption applications in their own names being legal heir representatives of the deceased testamentary document created by the deceased. 13. disposed of. 08.04.2026 sanjay 807-2007 (O&M) and other connected cases case(s) in hand as on the date of notification under Section 4 of the 1894 Act is thus, assessed in the followi Type of Land Market Value (in Rs. per acre) Nehri Rs. Sailab Rs. Gair Mumkin Rs.3,00,000/ In view of the discussion made hereinabove, the appeals preferred at the instance of appellants/landowners are partly allowed by modifying the award dated 17.11.2006 Reference Court in the aforesaid terms statutory benefits including interest under the st on solatium. Further, in case of unfortunate demise of any of the landowners, if the legal heir(s)-legal representative(s) have not been brought on record, they shall be entitled for filing exemption applications in their own names being legal heir representatives of the deceased-landowners; subject of course to any testamentary document created by the deceased. Pending misc. application(s), if any, shall also stands disposed of. 08.04.2026 Whether speaking/reasoned? Whether Reportable? M) and other connected cases [6] case(s) in hand as on the date of notification under Section 4 of the 1894 Act is thus, assessed in the following manner:- Market Value (in Rs. per acre) Rs.3,00,000/- per acre Rs.2,00,000/- per acre Rs.3,00,000/- per acre In view of the discussion made hereinabove, the appeals instance of appellants/landowners are partly allowed 17.11.2006 passed by the learned in the aforesaid terms besides granting all other statutory benefits including interest under the 1894 Act, especially Further, in case of unfortunate demise of any of the legal representative(s) have not been brought on record, they shall be entitled for filing exemption applications in their own names being legal heirs or legal landowners; subject of course to any testamentary document created by the deceased. Pending misc. application(s), if any, shall also stands (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No case(s) in hand as on the date of notification under Section 4 of the Market Value (in Rs. per acre) In view of the discussion made hereinabove, the appeals instance of appellants/landowners are partly allowed passed by the learned all other especially Further, in case of unfortunate demise of any of the legal representative(s) have not been brought on record, they shall be entitled for filing exemption s or legal landowners; subject of course to any Pending misc. application(s), if any, shall also stands (HARKESH MANUJA) SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document RFA-1807 08.04.2026 sanjay 807-2007 (O&M) and other connected cases Sr.No. Case No. 1. RFA-1808 2. RFA-1809 3. RFA-1810 4. RFA-2874 5. RFA-2882 6. RFA-2883 7. RFA-3791 8. RFA-3792 9. RFA-3930 .2026 M) and other connected cases [7] Case No. 1808-2007 (O&M) 1809-2007 (O&M) 1810-2007 (O&M) 2874-2007 (O&M) 2882-2007 (O&M) 2883-2007 (O&M) 3791-2007 (O&M) 3792-2007 (O&M) 3930-2007 (O&M) (HARKESH MANUJA) JUDGE SANJAY GUPTA 2026.04.16 19:01 I attest to the accuracy and integrity of this document