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2013 DAILYLAW 1873 (PNJ)

GREATER MOHALI AREA DEVELOPMENT AUTHORITY v. JAGIR SINGH & ORS

RFA/7845/2013 · 2026-07-09

Jagmohan Bansal

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *** RFA-7845-2013 (O&M) Date of Decision: 09.07.2026 Greater Mohali Area Development Authority …Appellant Versus Jagir Singh and Others …Respondents And Sr. No. Case No. Petitioner(s) Respondent(s) 2 RFA-1877-2016 (O&M) Greater Mohali Area Development Authority Harjit Kaur and Another 3 XOBJR-169-2021 (O&M) Greater Mohali Area Development Authority Harjit Kaur and Another 4 RFA-1878-2016 (O&M) Greater Mohali Area Development Authority Haveli Ram and Another 5 XOBJR-11-CI-2018 (O&M) Greater Mohali Area Development Authority Haveli Ram and Another 6 RFA-1879-2016 (O&M) Greater Mohali Area Development Authority M/s P.A.C.L. Insurance Services Ltd. and Another 7 RFA-1880-2016 (O&M) Greater Mohali Area Development Authority M/s P.A.C.L. Insurance Services Ltd. and Another 8 RFA-8866-2014 (O&M) Greater Mohali Area Development Authority Land Acquisition Collector Urban Development Punjab 9 RFA-9358-2014 (O&M) Greater Mohali Area Development Authority Ranjit Singh and Others 10 XOBJR-146-2019 (O&M) Greater Mohali Area Development Authority Ranjit Singh and Others 11 RFA-9359-2014 (O&M) Greater Mohali Area Development Authority Ranjit Singh and Another 12 XOBJR-137-2019 (O&M) Greater Mohali Area Development Authority Ranjit Singh and Another 13 XOBJR-166-2021 (O&M) Greater Mohali Area Development Authority Sant Kaur (Deceased) Through her Legal Heirs and Another 14 RFA-9361-2014 (O&M) Greater Mohali Area Development Authority Sant Kaur 15 RFA-9552-2014 (O&M) Greater Mohali Area Development Authority Singhpura Bhuda Cooperative Joint Farming Soc. Ltd. 16 RFA-9360-2014 (O&M) Greater Mohali Area Development Authority Raghbir Singh and Others 17 XOBJR-143-2019 (O&M) Greater Mohali Area Development Authority Raghbir Singh and Others 18 RFA-9553-2014 (O&M) Greater Mohali Area Development Authority Ram Kanwar Singhal and Others 19 XOBJR-67-CI-2015 (O&M) Greater Mohali Area Development Authority Ram Kanwar Singhal and Others PRINCE CHAWLA 2026.07.10 16:14 I attest to the accuracy and integrity of this document RFA-7845-2013 and connected cases -2- 20 RFA-2446-2015 (O&M) Subhash Chander Chakarvarty State of Punjab and Others 21 RFA-2447-2015 (O&M) Surinder Singh and Others State of Punjab and Others 22 RFA-3799-2015 (O&M) Greater Mohali Area Development Authority Subhash Chander Chakarvarty and Another 23 RFA-3521-2016 (O&M) M/s Silicon Construction Pvt. Ltd. State of Punjab and Others 24 RFA-3928-2015 (O&M) Greater Mohali Area Development Authority Surinder Singh and Others 25 RFA-128-2016 (O&M) Greater Mohali Area Development Authority M/s Silicon Constructions Pvt. Ltd. and Another 26 RFA-127-2016 (O&M) Greater Mohali Area Development Authority Pritam Singh and Others 27 XOBJR-9-CI-2017 (O&M) Greater Mohali Area Development Authority Pritam Singh and Others 28 XOBJR-316-CI-2016 (O&M) Greater Mohali Area Development Authority Agir Singh and Others 29 RFA-7846-2013 (O&M) Greater Mohali Area Development Authority Jagdish Dara and Others 30 XOBJR-174-2022 (O&M) Greater Mohali Area Development Authority Jagdish Dara and Others 31 RFA-7847-2013 (O&M) Greater Mohali Area Development Authority Balwant Singh and Others 32 XOBJR-315-CI-2016 (O&M) Greater Mohali Area Development Authority Balwant Singh and Others 33 RFA-7848-2013 (O&M) Greater Mohali Area Development Authority Hari Singh and Others 34 XOBJR-323-CI-2016 (O&M) Greater Mohali Area Development Authority Hari Singh and Others 35 RFA-7849-2013 (O&M) Greater Mohali Area Development Authority Gurbhajan Singh and Others 36 XOBJR-72-CI-2017 (O&M) Greater Mohali Area Development Authority Gurbhajan Singh and Others 37 RFA-7850-2013 (O&M) Greater Mohali Area Development Authority Dev Singh and Others 38 XOBJR-314-CI-2016 (O&M) Greater Mohali Area Development Authority Dev Singh and Others 39 RFA-7851-2013 (O&M) Greater Mohali Area Development Authority Chanan Singh and Others 40 XOBJR-321-CI-2016 (O&M) Greater Mohali Area Development Authority Chanan Singh and Others 41 RFA-4313-2014 (O&M) Greater Mohali Area Development Authority Surjit Singh and Others 42 XOBJR-320-CI-2016 (O&M) Greater Mohali Area Development Authority Surjit Singh and Others 43 RFA-10308-2014 (O&M) Greater Mohali Area Development Authority M/s Sarp Finleas Pvt Ltd. and Another 44 RFA-4314-2014 (O&M) Greater Mohali Area Development Authority Avtar Kaur and Others 45 RFA-10307-2014 (O&M) Greater Mohali Area Development Authority M/s Saramati Suppliers (P) Ltd. and Another PRINCE CHAWLA 2026.07.10 16:14 I attest to the accuracy and integrity of this document RFA-7845-2013 and connected cases -3- 46 RFA-516-2015 (O&M) Greater Mohali Area Development Authority Jagjit Kaur and Another 47 XOBJR-269-CI-2016 (O&M) Greater Mohali Area Development Authority Jagjit Kaur and Another 48 RFA-492-2017 (O&M) Greater Mohali Area Development Authority Tarjit Kaur and Another 49 XOBJR-36-CI-2018 (O&M) Greater Mohali Area Development Authority Tarjit Kaur and Another 50 RFA-1262-2017 (O&M) Greater Mohali Area Development Authority M/s Royal Retreat Hotels Pvt. Ltd. and Another 51 RFA-3707-2016 (O&M) Greater Mohali Area Development Authority Nagina Kalra and Another 52 RFA-1097-2017 (O&M) M/S Royal Retreat Hotels Pvt. Ltd. Land Acquisition Collector and Others 53 RFA-566-2021 (O&M) Greater Mohali Area Development Authority Kanwaljit Singh Brar and Others 54 XOBJR-170-2021 (O&M) Greater Mohali Area Development Authority Kanwaljit Singh Brar and Others 55 RFA-1826-2023 (O&M) Greater Mohali Area Development Authority Ravinder Kumar and Others 56 RFA-593-2021 (O&M) Greater Mohali Area Development Authority Ravinder Kumar and Others 57 XOBJR-165-2021 (O&M) Greater Mohali Area Development Authority Ravinder Singh Kainth (Deceased) Through his Legal LRs and Another 58 RFA-1827-2023 (O&M) Greater Mohali Area Development Authority M/s Perta Estates and Another 59 RFA-1521-2023 (O&M) Nagina Kalra State of Punjab and Another 60 RFA-183-2024 (O&M) Greater Mohali Area Development Authority Paramjot Singh @ Prabhjot Singh and Others 61 XOBJR-103-2025 (O&M) Greater Mohali Area Development Authority Paramjot Singh @ Prabhjot Singh and Others 62 RFA-1757-2023 (O&M) Greater Mohali Area Development Authority Bachan Singh and Others 63 RFA-1758-2023 (O&M) Greater Mohali Area Development Authority Jaspal Singh and Others 64 RFA-1158-2022 (O&M) Ravinder Kumar alias Sunil Kumar and Others State of Punjab and Others 65 RFA-364-2024 (O&M) Greater Mohali Area Development Authority Surjit Kaur and Others 66 RFA-365-2024 (O&M) Greater Mohali Area Development Authority M/s PACL India Ltd. and Another 67 RFA-366-2024 (O&M) Greater Mohali Area Development Authority M/s DG Housing Projects and Another 68 RFA-367-2024 (O&M) Greater Mohali Area Development Authority Paramjit Singh Patwalia and Another 69 XOBJR-5-2026 (O&M) Greater Mohali Area Development Authority Surjit Kaur and Others Present:- Mr. Amit Jhanji, Senior Advocate with Ms. Eliza Gupta, Advocate and Ms. Kudrit Kaur Sara, Advocate for the appellant in RFA-3521-2016. PRINCE CHAWLA 2026.07.10 16:14 I attest to the accuracy and integrity of this document RFA-7845-2013 and connected cases -4- Mr. Akshay Bhan, Senior Advocate with Mr. Santosh Sharma, Advocate and Mr. Varun Sandhu, Advocate for the appellant/landowner in RFA-8866-2014 and for the respondent in RFA-9552-2014. Mr. Shailendra Jain, Senior Advocate with Mr. Munish Kumar, Advocate for the appellant in RFA-7845-2013. Mr. C.S. Bakshi, Advocate and Ms. Mallika, Advocate for the appellant in RFA-1097-2017 and RFA-1098-2017. Ms. Manveen Narang, Advocate for GMADA in RFA-566-2021, RFA-1826-2023, RFA-593-2021 and RFA-1827-2023. Mr. Abhishek Masih, Advocate for Mr. B.S. Patwalia, Advocate for the respondent in RFA-367-2024. Mr. Vijay Lath, Advocate and Mr. Ajay S. Dhiman, Advocate for respondent No.1 in RFA-1757-2023. Mr. Ashok Gupta, Advocate for respondent in RFA-9553-2014. Mr. Puru Jarewal, DAG, Punjab. *** 1. As common issues are involved in the captioned appeals and cross-objections, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from RFA-7845-2013. 2. The appellant-Greater Mohali Area Development Authority (GMADA) through instant appeal is seeking setting aside of award dated 02.07.2013 whereby learned Additional District Judge, SAS Nagar, Mohali has enhanced market value of land from ₹99,00,000/- to PRINCE CHAWLA 2026.07.10 16:14 I attest to the accuracy and integrity of this document RFA-7845-2013 and connected cases -5- ₹2,78,64,000/- per acre for the purpose of determination of compensation payable to landowners with respect to 83.7393 acre land acquired by appellant for widening/constructing 200 ft. wide road running from NH-64 to Panchkula, Sector 21 (11 Kms.) 3. The Government of State of Punjab, Department of Housing and Urban Development issued notification dated 26.08.2009 under Section 4 of Land Acquisition Act, 1894 (for short ‘1894 Act’) for acquisition of 83.7393 acre land situated in 5 villages namely Chhat, Ramgarh Budha, Satabgarh, Singhpura and Nangla. The aforesaid notification was followed by notification dated 24.08.2010 issued under Section 6 of 1894 Act. Land Acquisition Collector vide award dated 23.02.2011 determined compensation of ₹1.50 crore per acre which included 30% solatium, 12% additional amount from 26.08.2009 till 23.02.2011 and 10% incentive for non-institution of Court proceedings. The landowners filed reference petitions under Section 18 and matter came to be referred to Reference Court which vide order dated 10.02.2016 enhanced the market value from ₹99,00,000/- to ₹2,78,64,000/- per acre. 4. Learned counsel for the appellant(s) submit that Reference Court has mechanically relied upon award dated 07.05.2013 (Ex. P-2) passed by learned Additional District Judge, SAS Nagar. No independent evidence was examined. This Court by order dated 02.07.2026 has remanded the matter to Reference Court with respect to award dated 07.05.2013 (Ex. P-2) passed by learned Additional District Judge, SAS PRINCE CHAWLA 2026.07.10 16:14 I attest to the accuracy and integrity of this document RFA-7845-2013 and connected cases -6- Nagar. The foundation of impugned award is award dated 07.05.2013, thus, present appeals deserve to be allowed. 5. Per contra, learned counsel for the respondents who are also appearing for few landowners-appellants submit that Reference Court could rely upon award of adjoining land, thus, there is no infirmity in the impugned award. 6. On being confronted with order dated 02.07.2026 passed by this Court in RFA-7567-2013, they expressed their inability to controvert the fact that foundation of impugned award was award dated 07.05.2013 and appeals arising out of said award have been allowed by way of remand, thus, foundation of impugned award cease to exist. 7. Heard the arguments and perused the record. 8. From the perusal of record, it is evident that impugned award was passed on the basis of award dated 07.05.2013 passed by learned Additional District Judge, SAS Nagar. Award dated 07.05.2013 related to land other than land in question. Learned Additional District Judge, SAS Nagar was supposed to examine evidence led by both sides besides award dated 07.05.2013 (Ex. P-2) passed with respect to another piece of land. In any case, this Court has set aside award dated 07.05.2013 and remanded the matter to Reference Court. The said award was foundation of impugned awards, thus, impugned award deserves to be set aside and matter needs to be remanded to Reference Court for fresh adjudication. It is apt to notice here that on the basis of award dated 07.05.2013, award dated 02.07.2013 was passed and on the basis of award dated 02.07.2013 award dated 02.12.2013 was passed. PRINCE CHAWLA 2026.07.10 16:14 I attest to the accuracy and integrity of this document RFA-7845-2013 and connected cases -7- 9. Learned counsel for respondents-landowners submit that till the re-adjudication of reference petitions, the enhanced amount already paid may not be recovered from them. It may be made subject to fresh order of Reference Court. 10. The landowners have already been paid 50% of enhanced compensation. It is made clear that till the passing of fresh order by Reference Court no recovery of amount already paid would be effected from landowners and it would be subject to outcome of fresh order passed by Reference Court. 11. Needless to mention that Reference Court shall pass fresh order in accordance with law. The Reference Court is further requested to adjudicate the matter expeditiously and preferably within 1½ year from today. 12. All the appeals and cross-objections are disposed of in above terms. 13. Pending application(s), if any, also stands disposed of. (JAGMOHAN BANSAL) 09.07.2026 JUDGE Prince Chawla Whether Speaking/reasoned Yes/No Whether Reportable Yes/No PRINCE CHAWLA 2026.07.10 16:14 I attest to the accuracy and integrity of this document