136 (6 cases IN TH Haryana Sta Umed Singh CORAM: Present: HARKESH bearing RFA RFA No. 30 3068 of 200 2009 with with Cross Cross Obje acquisition [2] aforesaid Acquisition the award d Judge, Hisa ases) IN THE HIGH COURT OF PUNJA AT CHANDIGAR RFA No. 3066 Cross Object and “05” con Date of Decis na State through Collector, Hisar and Versus Singh HON'BLE MR. JUSTICE HAR Mr. Abhinash Jain, Deputy Adv for the appellant(s)-State of Ha Mr. Radhey Shyam Sharma, A for the respondent(s)-landowne **** KESH MANUJA, J. (ORAL) This order shall dispose off g RFA No. 3066 of 2009 with Cross 3067 of 2009 with Cross Objectio of 2009 with Cross Objection No. 96 with Cross Objection No. 97-CI-2009 ross Objection No. 93-CI-2009, RF Objection No. 94-CI-2009; as the s ition / award. The appellant(s)-State of Har aid appeal(s), preferred under S sition Act, 1894 (for short “1894 Ac ard dated 07.01.2009 passed by the Hisar (hereinafter to be referred a UNJAB AND HARYANA IGARH 3066 of 2009 (O&M) with bjection No. 92-CI-2009 (O&M) ” connected cases Decision: 25.03.2026 ar and others ...Appellants ...Respondents HARKESH MANUJA ty Advocate General, Haryana of Haryana. , Advocate downer(s)/cross-objectors e off the present five appeals Cross Objection No. 92-CI-2009, jection No. 98-CI-2009, RFA No. o. 96-CI-2009, RFA No. 3069 of 2009, RFA No. 3070 of 2009 9, RFA No. 3071 of 2009 with the same arise out of common f Haryana, having instituted the der Section 54 of the Land 94 Act”), sought modification of by the learned Additional District rred as “Reference Court”), for DINESH KUMAR 2026.04.06 15:14 I attest to the accuracy and integrity of this document
      !"# $%"!   -2-      reduction of compensation amount, whereas the respondent(s)- landowner(s) by filing the cross-objections in the respective appeals, are seeking further enhancement of compensation for the acquired land. FACTS [3] The relevant date(s) / particulars of the acquisitions are as under:- [4] Dissatisfied with the award dated 07.01.2009 passed by the learned Reference Court, the present appeal(s)/cross-objections were preferred at the instance of appellant(s)-State of Haryana as well as the respondent(s)-landowner(s). [5] I have heard learned counsel for the parties and gone through the paper book. [6] A perusal of the record shows that no documentary evidence in the form of sale instances or any previous award Particulars Relevant date / description Notification under Section 4 of the Land Acquisition Act, 1894 was issued 17.01.2002 Final declaration under Section 6 of the Land Acquisition Act, 1894 28.02.2002 Area 3.724 acre Village Talwandi Rana District Hisar Purpose Construction of Seed Farm minor from RD 0 to 7700 off taking at RD 54400/R Rana Distributory Land Acquisition Collector’s Award No. & Date 1-H dated 15.07.2002 Land Acquisition Collector’s Award Rs. 2,25,000/- per acre being Nehri land (canal irrigated) Reference Court’s Award Date 07.01.2009 Reference Court’s Award Rs. 3,00,000/- per acre alongwith statutory benefits DINESH KUMAR 2026.04.06 15:14 I attest to the accuracy and integrity of this document
      ! "# $%"!   -3-      pertaining to the revenue estate of Village Talwandi Rana was produced and proved on record by the landowners. However, considering the geographical location of the acquired land being in the close vicinity of National Highway No. 65 leading from Hisar to Chandigarh with basic necessary institutional buildings like bank, schools etc. existing in Village Talwandi Rana, the market value has been re-assessed at the rate of Rs. 3,00,000/- per acre, which in the humble opinion of this Court, in the given facts and circumstances does not calls for any interference. The impugned award passed by the learned Reference Court being based on proper appreciation of evidence and the material available on record and also having taken into consideration the location and potential of the acquired land is justified in the given facts. [7] With respect to another plea raised on behalf of the appellant(s) regarding award of damages towards severance, it may be pointed out here that the land in the case(s) in hand was acquired for the public purpose of “construction of Seed Farm minor from RD 0 to 7700 off taking at RD 54400/R Rana Distributory”, which undoubtedly is going to bifurcate/divide the land by creating severance of their land-holdings. Therefore, in the considered opinion of this Court, the respondent(s)-landowner(s)/cross-objectors are entitled for award of damages at the rate of 20% of the market value towards severance qua the leftover land-holdings subject to submitting/showing the proof before the learned Executing Court, as the severance is definitely going to cause loss to the potential value of their remaining land-holdings by causing inconvenience as regards irrigation facilities as well as passage etc. DINESH KUMAR 2026.04.06 15:14 I attest to the accuracy and integrity of this document
      ! "# $%"!   -4-      [8] Consequently, the appeals filed by the State of Haryana are hereby dismissed and the cross-objections filed by the respondent(s)-landowner(s) are disposed off. [9] Pending miscellaneous application(s), if any, shall stand(s) disposed off.
March 25, 2026 ( HARKESH MANUJA ) ‘dk kamra’ JUDGE

    
    DINESH KUMAR 2026.04.06 15:14 I attest to the accuracy and integrity of this document