RFA-2570 111 IN THE HIGH COURT OF PUNJAB AND HARYANA Phool Singh and anr. State of Haryana CORAM: Present: HARKESH MANUJA, J. (ORAL) Appeals, details of which are given in the footnote of this judgment, are being decided as all the acquisition/Award involving identical facts and question of law. For the sake of brevity, facts are being taken from 2. the Award dated Judge, Sirsa (hereinafter to be referred as the ‘ whereby, reference petition invoking Section 18 of the Land Acquisition Act, 1894 (for brevity, “1894 Act” 2570-2008 (O&M) and other connected cases IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** RFA-2570 Date of Decision: Phool Singh and anr. Versus State of Haryana CORAM: HON'BLE MR. JUSTICE HARKESH Present: Ms. Gurdeep Kaur, Advocate for Mr. P.K. Ganga, Advocate for the appellants. Mr. Abhinash Jain, DAG, Haryana -.- HARKESH MANUJA, J. (ORAL) Vide this common order, a Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals acquisition/Award involving identical facts and question of law. For the sake of brevity, facts are being taken from By way of present appeal(s), challenge has been laid to the Award dated 30.01.2008 passed by the learned Addl. District Judge, Sirsa (hereinafter to be referred as the ‘ whereby, reference petition preferred at the instance of landowners invoking Section 18 of the Land Acquisition Act, 1894 (for brevity, “1894 Act”), was partly allowed. (O&M) and other connected cases [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2570-2008 (O&M) Date of Decision: 16.04.2026 …….Appellants Versus ..….Respondent HON'BLE MR. JUSTICE HARKESH MANUJA s. Gurdeep Kaur, Advocate for Mr. P.K. Ganga, Advocate Mr. Abhinash Jain, DAG, Haryana Vide this common order, a bunch of 03 Regular First Appeals, details of which are given in the footnote of this judgment, appeals have arisen out of common acquisition/Award involving identical facts and question of law. For the sake of brevity, facts are being taken from RFA No.2570-2008. By way of present appeal(s), challenge has been laid to passed by the learned Addl. District Judge, Sirsa (hereinafter to be referred as the ‘Reference Court preferred at the instance of landowners invoking Section 18 of the Land Acquisition Act, 1894 (for brevity, First Appeals, details of which are given in the footnote of this judgment, have arisen out of common acquisition/Award involving identical facts and question of law. For . By way of present appeal(s), challenge has been laid to passed by the learned Addl. District Reference Court’) preferred at the instance of landowners invoking Section 18 of the Land Acquisition Act, 1894 (for brevity, SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document RFA-2570-2008 (O&M) and other connected cases [2] 3. Briefly stating, in the present case(s), land measuring 10.72 acres situated within the revenue estate of Village Chaharwala was acquired vide Notifications dated 25.09.2001 and 18.04.2002 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short the ‘1894 Act’) respectively, for the public purpose, namely, “for construction of Chaharwala Minor”. Award under Section 11 of the 1894 Act was passed by the Land Acquisition Collector (for short ‘the LAC’) on 04.03.2003, thereby determining the market value of the acquired land @ Rs.1,00,000/- per acre for nehri/ chahi land and Rs.65,000/- per acre for barani land besides award of all other statutory benefits and interests provided under the 1894 Act. 4. Dissatisfied with the Award passed by the LAC, appellants/ landowners preferred reference petition under Section 18 of the 1894 Act, which was partly allowed by the learned Reference Court vide its decision dated 30.01.2008 whereby, the market value was re-assessed @ Rs.2,00,000/- per acre for nehri land and Rs.1,25,000/- per acre for barani land besides all other statutory benefits/interest as provided under the 1894 Act. 5. I have heard learned counsel for the parties and gone through the paper-book as well as records of the case. 6. In the given facts, the learned Reference Court vide impugned award re-assessed the market value of the acquired land @ Rs.2,00,000/- per acre for nehri land and Rs.1,25,000/- for barani land. The appeals preferred by the respondent State were admittedly SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document RFA-2570-2008 (O&M) and other connected cases [3] dismissed by this Court vide decision dated 28.05.2008 passed in RFA No. 2359 of 2008 titled as “State of Haryana vs. Rameshwar etc.”. 7. Upon perusal of the material available on record, in the humble opinion of this Court, no substantial evidence was placed on record so as to justify any further enhancement in the market value of the acquired land in favour of the appellants/landowners. However, from the perusal of Ex.P16, a copy of khasra girdawari pertaining to the land forming part of rect. No. 79, Killa No.21/23/2, 23/2 and 24/1/2, it was established that between Kharif 1997 to Rabi 2002, the landowners were cultivating two crops in a year. 7.1. Further, this fact also stands substantiated by Ex.P17, the copy of the khasra girdawari for the period Kharif 2001 to Kharif 2002, wherein it was clearly recorded that wheat and cotton were being cultivated over the acquired land. Thus, it was evident that the acquired land remained under cultivation and was yielding more than one crop, thereby, reflecting its productivity and potential. Once it is apparent that the land was being put to substantial agricultural use, this Court is of the considered opinion that classification on the basis of its nature, for purpose of assessment of the market value in the case(s) in hand does not find merit. Therefore, though the land acquired in the present case(s) was recorded of barani nature, the market value for the same also needs to be awarded @ Rs.2,00,000/- per acre as awarded for nehri nature of land. SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document RFA-2570-2008 (O&M) and other connected cases [4] 8. Thus, in view of the above, all the appeals are disposed of with modification to the extent that the appellants/ landowners shall be entitled to award of uniform market value @ Rs.2,00,000/- per acre irrespective of the nature of the land along with all statutory benefits as provided under the 1894 Act. 9. 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 heirs or legal representatives of the deceased-landowners; subject of course to any testamentary document created by the deceased. 10. Pending misc. application(s), if any, shall also stands disposed of. 16.04.2026 (HARKESH MANUJA) sanjay JUDGE Whether speaking/reasoned? Yes/No Whether Reportable? Yes/No Sr.No. Case No. 1. RFA 2571-2008 (O&M) 2. RFA 2572-2008 (O&M) 16.04.2026 (HARKESH MANUJA) sanjay JUDGE SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document