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2022 DAILYLAW 2882 (PNJ)

HSIIDC v. ROSHANI DEVI AND OTHERS

RFA/1391/2022 · 2026-07-06

Jagmohan Bansal

body2022

Judgment text

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244 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA-1391-2022 (O&M) Date of Decision: 06.07.2026 Haryana State Industrial and Infrastructure Development Corporation Limited ...Appellant(s) Versus Roshani Devi and Others ...Respondent(s) And Sr. No. Case No. Petitioner(s) Respondent(s) 2. RFA-1392-2022 (O&M) Haryana State Industrial and Infrastructure Development Corporation Limited Ram Kanwar and Others 3. RFA-1393-2022 (O&M) Haryana State Industrial and Infrastructure Development Corporation Limited Rakesh and Others 4. RFA-1394-2022 (O&M) Haryana State Industrial and Infrastructure Development Corporation Limited Murti and Others 5. RFA-1395-2022 (O&M) Haryana State Industrial and Infrastructure Development Corporation Limited Kartari and Others 6. RFA-1398-2022 (O&M) Haryana State Industrial and Infrastructure Development Corporation Limited Dayawati and Others 7. RFA-1399-2022 (O&M) Haryana State Industrial and Infrastructure Development Corporation Limited Kamla Devi and Others 8. RFA-1400-2022 (O&M) Haryana State Industrial and Infrastructure Development Corporation Limited Kamla @ Bimla and Others PRINCE CHAWLA 2026.07.09 13:37 I attest to the accuracy and integrity of this document RFA-1391-2022 (O&M) and other connected matters -2- 9. RFA-1401-2022 (O&M) Haryana State Industrial and Infrastructure Development Corporation Limited Piari and Others 10. RFA-1402-2022 (O&M) Haryana State Industrial and Infrastructure Development Corporation Limited Rakesh and Others CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Pritam Singh Saini, Advocate and Ms. Surbhi Rana, Advocate for the appellant(s). Mr. Abhinash Jain, Addl. A.G., Haryana. JAGMOHAN BANSAL, J. (ORAL) 1. As common issues are involved in the captioned petitions, 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-1391-2022. 2. The appellant-HSIIDC through instant appeal is seeking setting aside of award dated 26.09.2022 whereby learned Additional District Judge, Sonipat (hereinafter called as ‘Reference Court’) has enhanced amount of compensation awarded by Land Acquisition Collector (for short ‘Collector’). 3. The State Government issued notification dated 01.04.2010 under Section 4 of the Land Acquisition Act, 1894 (for short ‘1894 Act’) for acquisition of 72 acres 1 Kanal 4 Marlas of land situated within the revenue estate of village Barona, District Sonipat with intent to develop industrial township. The said notification was followed by notification dated 04.04.2011 issued under Section 6 of 1894 Act. PRINCE CHAWLA 2026.07.09 13:37 I attest to the accuracy and integrity of this document RFA-1391-2022 (O&M) and other connected matters -3- 4. The Land Acquisition Collector (for short ‘Collector’) vide Award dated 13.03.2013, in terms of provisions of 1894 Act, determined compensation payable to landowners. Market value of the acquired land was determined as ₹30 Lakh per acre. Feeling dis-satisfied from aforesaid award, landowners preferred petitions before the Collector which were referred to Court under Section 18 of the 1894 Act. 5. The landowners as well as State, in support of their contentions, led their evidence. The State attempted to justify market value determined by Collector, however, landowners vehemently pleaded that value of their land has been assessed on lower side. 6. The Reference Court, appreciating evidence led by both sides, by impugned common award adjudicated 10 petitions. The Reference Court has assessed market value of acquired land ₹37 lakh per acre. In this way, the Reference Court has enhanced market value from ₹30 lakh per acre (determined by Collector) to ₹37 lakh per acre. The appellant-HSIIDC is in appeal before this Court. 7. Learned counsel for the appellant-State submits that Reference Court has not complied with provisions of 1894 Act in true spirit. Vide notification dated 01.04.2010 issued under Section 4 of 1894 Act, 3300 acres of land located in nine villages was acquired. Market value of the acquired land has been determined contrary to parameters laid down in the 1894 Act as well as judgments of Hon’ble Supreme Court. Learned Reference Court relying upon award passed by Reference Court as well as order dated 06.10.2021 passed by this Court in RFA-2053-2021 has enhanced amount of compensation to ₹37,00,000/- PRINCE CHAWLA 2026.07.09 13:37 I attest to the accuracy and integrity of this document RFA-1391-2022 (O&M) and other connected matters -4- with respect to fifth village i.e. Barona. The value of land of one particular village cannot be determined on the basis of award passed with respect to another village. 8. On being confronted with findings recorded by this Court in RFA-1059-2020 and RFA-1220-2020 which are with respect to four more villages, learned counsel for the appellant expressed his inability to controvert that this Court has awarded compensation of ₹37,00,000/- to all the landowners irrespective of their location. The Court has considered that all the villages are contagious and land has been acquired by common notification. The Court has formed an opinion that compensation of ₹37,00,000/- should be paid to all the landowners irrespective of location of their village. 9. From the perusal of record, it is evident that appellant has acquired 3300 acres of land vide common notification dated 01.04.2010. The acquired land was comprised in nine villages. All the villages are adjoining to each other and land is contagious. This Court vide order dated 06.10.2021 passed in RFA-1059-2020 and order dated 22.03.2021passed in RFA-1190-2020 has awarded same amount of compensation i.e. ₹37,00,000/- with respect to four villages namely Gopalpur, Saidpur, Pehladpur and Nizampur Khurd which formed part of nine villages which were subject matter of land acquired by common notification dated 01.04.2010. The Reference Court noticing aforesaid orders of this court has awarded compensation of ₹37,00,000/- per acre to landowners whose land was located in village Barona. The present case is squarely covered by aforesaid orders of this Court. PRINCE CHAWLA 2026.07.09 13:37 I attest to the accuracy and integrity of this document RFA-1391-2022 (O&M) and other connected matters -5- 10. In the wake of above discussion and findings, present appeals deserve to be dismissed and accordingly dismissed. 11. Pending application(s), if any, shall also stand disposed of. (JAGMOHAN BANSAL) JUDGE 06.07.2026 Prince Chawla Whether Speaking/reasoned Yes/No Whether Reportable Yes/No PRINCE CHAWLA 2026.07.09 13:37 I attest to the accuracy and integrity of this document