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High Court of Punjab and Haryana · body

2022 DAILYLAW 2532 (PNJ)

SURENDER KUMAR v. STATE OF HARYANA AND OTHERS

RFA/1010/2022 · 2026-03-10

Harkesh Manuja

body2022

Judgment text

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RFA-1010 IN THE HIGH COURT OF PUNJAB AND HARYANA Surender Kumar State of CORAM: Present: HARKESH MANUJA, J. (ORAL) 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 common facts and question of law. For the sake of brevity, facts are being taken from 2. laid to the decision dated Additional District Judge, Reference Court’) 3. 1010-2022 (O&M) & other connected cases IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** RFA Date of Decision: nder Kumar Versus State of Haryana and ors. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Ranjit Saini, Advocate for the appellant/landowner. Mr. Abhinash Jain, DAG, Haryana Ms. Surbhi Rana, Advocate for Mr. Pritam Singh Saini, Advocate for respondents No.3 and 4-HSIIDC. -.- HARKESH MANUJA, J. (ORAL) Vide this common order, a bunch of 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 common facts and question of law. For ake of brevity, facts are being taken from By way of filing the present appeal(s) challenge has been laid to the decision dated 16.03.2020 Additional District Judge, Mewat (hereinafter referred to as ‘the Reference Court’). Briefly stating, some land situated within the revenue (O&M) & other connected cases [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-1010-2022 (O&M) Date of Decision: 10.03.2026 …….Appellant Versus ..….Respondents HON'BLE MR. JUSTICE HARKESH MANUJA Advocate landowner. Mr. Abhinash Jain, DAG, Haryana. Ms. Surbhi Rana, Advocate for Mr. Pritam Singh Saini, Advocate for HSIIDC. Vide this common order, a bunch of 04 Regular First 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 common facts and question of law. For ake of brevity, facts are being taken from RFA No.1010-2022. way of filing the present appeal(s) challenge has been 16.03.2020 passed by the learned Mewat (hereinafter referred to as ‘the land situated within the revenue Regular First 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 common facts and question of law. For . way of filing the present appeal(s) challenge has been passed by the learned Mewat (hereinafter referred to as ‘the land situated within the revenue SANJAY GUPTA 2026.03.16 19:24 I attest to the accuracy and integrity of this document RFA-1010 estate of Village acquired by the Government of Haryana vide notifications dated 29.09.2005 and Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose, namely, NH 1, 8 and 2 vide award of the acquired land @ Rs. statutory benefits under the Act. 4. Reference under Section 18 of the Act which came to be dismisse by the Reference Court vide its award dated 21.11.2009. The aforementioned award dated 21.11.2009 passed by the learned Reference Court was assailed before this Court and the matter was remanded back to the Reference Court for fresh adjudication vide order dated 31.01.2019 in RFA 453 of 2013 (O&M) with directions as given in RFA No. 3552 of 2010 titled as Haryana and others 5. decision dated 16.03.2020 re under acquisition at the rate of Rs.17,50,000/ granting all other statutory benefits/interest in their favour. of the Award passed by the learned Reference Court, the present 1010-2022 (O&M) & other connected cases estate of Village Gogjaka, Tehsil Tauru District Mewat (Nuh) acquired by the Government of Haryana vide notifications dated 29.09.2005 and 15.12.2005, issued under Sections Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public , namely, for ‘construction of Express Highway connectin 1, 8 and 2’. The Land Acquisition Collector (for short ‘the LAC’) vide award No.4 dated 22.05.2006 assessed market value in respect of the acquired land @ Rs.12,50,000/ statutory benefits under the Act. Aggrieved thereof, the appellants/landowners invoked Reference under Section 18 of the Act which came to be dismisse by the Reference Court vide its award dated 21.11.2009. The aforementioned award dated 21.11.2009 passed by the learned Reference Court was assailed before this Court and the matter was remanded back to the Reference Court for fresh adjudication vide er dated 31.01.2019 in RFA 453 of 2013 (O&M) with directions as given in RFA No. 3552 of 2010 titled as Haryana and others. Upon remand, the learned Reference Court vide its decision dated 16.03.2020 re-determined the market val under acquisition at the rate of Rs.17,50,000/ granting all other statutory benefits/interest in their favour. of the Award passed by the learned Reference Court, the present (O&M) & other connected cases [2] Gogjaka, Tehsil Tauru District Mewat (Nuh), was acquired by the Government of Haryana vide notifications dated , issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public construction of Express Highway connectin The Land Acquisition Collector (for short ‘the LAC’) ssessed market value in respect 000/- per acre along with all other Aggrieved thereof, the appellants/landowners invoked Reference under Section 18 of the Act which came to be dismisse by the Reference Court vide its award dated 21.11.2009. The aforementioned award dated 21.11.2009 passed by the learned Reference Court was assailed before this Court and the matter was remanded back to the Reference Court for fresh adjudication vide er dated 31.01.2019 in RFA 453 of 2013 (O&M) with directions as given in RFA No. 3552 of 2010 titled as Om Parkash vs. State of Upon remand, the learned Reference Court vide its determined the market value of the land under acquisition at the rate of Rs.17,50,000/- per acre besides granting all other statutory benefits/interest in their favour. Aggrieved of the Award passed by the learned Reference Court, the present , was acquired by the Government of Haryana vide notifications dated 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public construction of Express Highway connecting The Land Acquisition Collector (for short ‘the LAC’) ssessed market value in respect other Aggrieved thereof, the appellants/landowners invoked Reference under Section 18 of the Act which came to be dismissed by the Reference Court vide its award dated 21.11.2009. The aforementioned award dated 21.11.2009 passed by the learned Reference Court was assailed before this Court and the matter was remanded back to the Reference Court for fresh adjudication vide er dated 31.01.2019 in RFA 453 of 2013 (O&M) with directions as Om Parkash vs. State of Upon remand, the learned Reference Court vide its ue of the land per acre besides Aggrieved of the Award passed by the learned Reference Court, the present SANJAY GUPTA 2026.03.16 19:24 I attest to the accuracy and integrity of this document RFA-1010 appeals were preferred at the instance 6. through the paper 7. involved in the present appeal market value of the acquired land 29.09.2005 issued under Section 4 of the Act decision Court in Infrastructure Development Corporation Limited Vs. Ram Kumar and others” landowners @ Rs. statutory 8. terms of the judgment dated 07.07.2022 passed by a coordinate Bench of this Court in 9. disposed of. 10.03.2026 sanjay 1010-2022 (O&M) & other connected cases appeals were preferred at the instance I have heard learned counsel for the parties and gone through the paper-book. Learned counsel for the parties are involved in the present appeal(s) with respect to the determination of market value of the acquired land pertaining to 29.09.2005 issued under Section 4 of the Act decision dated 07.07.2022 rendered by Court in RFA- 123-2021, titled as “Haryana State Industrial and Infrastructure Development Corporation Limited Vs. Ram Kumar and others”, whereby the determination has been made in favour of landowners @ Rs.12,50,000/- per acre statutory benefits and interest thereupon. In view of the above, the present appeal is disposed of in terms of the judgment dated 07.07.2022 passed by a coordinate Bench of this Court in Ram Kumar’s case (supra) Pending misc. application(s), if any, shall al disposed of. 10.03.2026 Whether speaking/reasoned? Whether Reportable? (O&M) & other connected cases [3] appeals were preferred at the instance of appellants/ landowners. I have heard learned counsel for the parties and gone Learned counsel for the parties are ad idem that the issue with respect to the determination of pertaining to the notification dated 29.09.2005 issued under Section 4 of the Act is squarely covered by rendered by a coordinate Bench of this “Haryana State Industrial and Infrastructure Development Corporation Limited Vs. Ram Kumar whereby the determination has been made in favour of acre, besides grant of all other benefits and interest thereupon. In view of the above, the present appeal is disposed of in terms of the judgment dated 07.07.2022 passed by a coordinate case (supra) Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No I have heard learned counsel for the parties and gone that the issue with respect to the determination of notification dated is squarely covered by this “Haryana State Industrial and Infrastructure Development Corporation Limited Vs. Ram Kumar whereby the determination has been made in favour of , besides grant of all other In view of the above, the present appeal is disposed of in terms of the judgment dated 07.07.2022 passed by a coordinate so stand (HARKESH MANUJA) SANJAY GUPTA 2026.03.16 19:24 I attest to the accuracy and integrity of this document RFA-1010 Sr. No. 1. 2. 3. 20.02.2026 sanjay 1010-2022 (O&M) & other connected cases Sr. No. Case No. 1. RFA-1011-2022 (O&M) 2. RFA-1012-2022 (O&M) 3. RFA-1013-2022 (O&M) 20.02.2026 (O&M) & other connected cases [4] (O&M) 2022 (O&M) 2022 (O&M) (HARKESH MANUJA) JUDGE (HARKESH MANUJA) SANJAY GUPTA 2026.03.16 19:24 I attest to the accuracy and integrity of this document