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High Court of Punjab and Haryana · body

2014 DAILYLAW 1861 (PNJ)

MADAN LAL v. STATE OF HARYANA AND ANR

RFA/3122/2014 · 2026-04-08

Harkesh Manuja

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Judgment text

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RFA-3122 IN Madan La State of H CORAM: Present: HARKESH Appeals, d are being acquisition the sake o 2. the Award Judge, Sir 3. Kanals 7 Bhagsar, 3122-2014 (O&M) and other conne IN THE HIGH COURT OF PUN AT CHANDIG ***** RFA Date an Lal Versus e of Haryana and another AM: HON'BLE MR. JUSTICE HA ent: Mr.K.S. Godara, Haryana for the appellants. Mr. Abhinash Jain, DAG, Ha -.- KESH MANUJA, J. (ORAL) Vide this common order, als, details of which are given in being decided as all the appeals isition/Award involving identical fa ake of brevity, facts are being take By way of present appeal(s Award dated 06.11.2013 passed e, Sirsa (hereinafter to be referred Briefly stating, in the prese ls 7 Marlas situated within the sar, Tehsil and District Sirsa wa connected cases [1] PUNJAB AND HARYANA NDIGARH RFA-3122-2014 (O&M) Date of Decision: 08.04.2026 …….Appellant rsus ..….Respondents CE HARKESH MANUJA G, Haryana rder, a bunch of 11 Regular Firs en in the footnote of this judgmen peals have arisen out of commo ical facts and question of law. Fo g taken from RFA No.3122-2014. peal(s), challenge has been laid t ssed by the learned Addl. Distric erred as the ‘Reference Court’). present case(s), land measuring 2 in the revenue estate of Villag sa was acquired vide Notification First gment, ommon w. For 014. laid to District ring 25 Village cations SANJAY GUPTA 2026.04.16 15:57 I attest to the accuracy and integrity of this document RFA-3122-2014 (O&M) and other connected cases [2] dated 03.06.2010 and 25.04.2011 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short the ‘1894 Act’) respectively for the public purpose, namely, “for Extension of Bhagsar Minor from RD 13125-18750 tail off taking Ghaggar Bani to Sadeva to Mammar Khera link”. Award under Section 11 of the 1894 Act was passed by the Land Acquisition Collector (for short ‘the LAC’) on 20.09.2011, thereby determining the market value of the acquired land @ Rs.12,00,000/- per acre 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 invoked Reference under Section 18 of the 1894 Act, which were partly allowed by the learned Reference Court vide its decision dated 06.11.2013 whereby, the appellants were held entitled to damages against severance to the extent of 60% of the market value assessed by the LAC i.e. Rs. 7,20,000/- per acre (Rs.12,00,000/60%) on account of bifurcation of land due to construction of minor; besides awarding all other statutory benefits/interest in their favour under the 1894 Act. However, it was clarified that only those petitioners whose land was actually bifurcated would be entitled to compensation on that account. Aggrieved thereof, present appeal(s) were preferred at the instance of landowners with a prayer for further enhancement. 5. I have heard learned counsel for the parties and gone through the paper-book as well as records of the case. SANJAY GUPTA 2026.04.16 15:57 I attest to the accuracy and integrity of this document RFA-3122-2014 (O&M) and other connected cases [3] 6. A perusal of the record shows that the LAC vide its award dated 20.09.2011 assessed the market value @ Rs.12,00,000/- per acre alongwith award of other statutory benefits in favour of landowners. Though the claim was made by the appellants/ landowners that the market value at the time of acquisition was around Rs.85,00,000/- per acre, however, no sale instance pertaining to the same revenue estate of Village Bhagsar, Tehsil and District Sirsa, corresponding to the date of the notification issued under Section 4 of the Act in the present case(s), was produced on record to substantiate the same. 7. However, considering the fact that as an effect of acquisition in hand, the landholdings of the appellants/ landowners got bifurcated, thereby, effecting their rights towards its cultivation, causing them inconvenience towards connectivity as well as reduction in value of remaining land due to alteration in access, useability, irregularity of shape and loss of agricultural viability etc., the learned Reference Court appropriately awarded damages @ 60% of the market value against severance only to those landowners whose land has been bifurcated due to construction of minor. 7. In such circumstances, in the humble opinion of this Court, the appellants/ landowners have been suitably compensated towards acquisition of their land by awarding just and fair market value as well as damages against severance besides grant of other statutory benefits. SANJAY GUPTA 2026.04.16 15:57 I attest to the accuracy and integrity of this document RFA-3122-2014 (O&M) and other connected cases [4] 8. Accordingly, the award dated 06.11.2013 passed by the learned Reference Court being based on proper appreciation of evidence and the material available on record, calls for no interference and the present appeals, devoid of merits, are thus dismissed. 9. Pending application, if any, also stands disposed of. 08.04.2026 (HARKESH MANUJA) sanjay JUDGE Whether speaking/reasoned? Yes/No Whether Reportable? Yes/No Sr.No. Case No. 1. RFA-4430-2014 (O&M) 2. RFA-4317-2014 (O&M) 3. RFA-10438-2014 (O&M) 4. RFA-3124-2014 (O&M) 5. RFA-3128-2014 (O&M) 6. RFA-3123-2014 (O&M) 7. RFA-3126-2014 (O&M) 8. RFA-4318-2014 (O&M) 9. RFA-3125-2014 (O&M) 10. RFA-3127-2014 (O&M) 08.04.2026 (HARKESH MANUJA) sanjay JUDGE SANJAY GUPTA 2026.04.16 15:57 I attest to the accuracy and integrity of this document