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2023 DAILYLAW 4323 (PNJ)

SAMUNDER SINGH AND OTHERS v. STATE OF HARYANA AND ANOTHER

RFA/1/2023 · 2026-02-13

Deepak Gupta

body2023

Judgment text

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    IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-1-2023 Samunder Singh and others ...Appellants Versus State of Haryana and another ...Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Argued by: Mr. Chand Ram Olla, Advocate (Through VC) for the appellants. Mr. Gaurav Garg, AAG, Haryana. **** Reserved on: 12.02.2026 Pronounced on: 13.02.2026 Pronounced fully/opera4ve part: Fully DEEPAK GUPTA, J. The present appeal has been preferred under Sec%on 54 of the Land Acquisi%on Act 1894 by the landowner seeking further enhancement of compensa%on, by assailing the award dated 13.07.2022 passed by learned reference Court. 2. The record reveals that vide no%fica%on dated 25.05.2010 issued under Sec%on 4 of the Land Acquisi%on Act, 1894, the State of Haryana proposed to acquire land situated in villages Gadoli Khurd, Gadoli Kalan and Basai, Tehsil and District Gurugram, for development and u%lisa%on of the land for residen%al Sector 37-C, Gurugram. The declara%on under Sec%on 6 of the Act was published on 24.05.2011. The Land Acquisi%on Collector passed Award No.36 dated 30.01.2013 in respect of land measuring 66.39 acres in village Gadoli Khurd; and Award No.35 of the same date for land measuring 1.76 acres in village Gadoli Kalan, assessing the market value at ₹1,25,00,000/- per acre. Another Award No.33 dated 30.01.2013 was passed for land measuring 81.47 acres situated in village Basai, fixing the market value at YOGESH MEHTA 2026.02.13 14:16 I attest to the accuracy and integrity of this document     ₹1,50,00,000/- per acre. 3. Dissa%sfied with the compensa%on awarded by the Land Acquisi- %on Collector, various landowners sought references under Sec%on 18 of the Act. The reference Court, by different awards passed on different dates, en- hanced the market value of land situated in villages Gadoli Khurd and Gadoli Kalan to ₹1,90,40,000/- per acre, and that of land situated in village Basai to ₹2,62,08,000/- per acre. S%ll aggrieved, both the State and the landowners ap- proached this Court. 4. It is an admiAed posi%on that a Co-ordinate Bench of this Court, vide judgment dated 18.10.2022 passed in a bunch of appeals led by RFA- 1528-2018 tled “Raj Kumari (deceased) through LRs and another vs. State of Haryana and others”, assessed the market value of the acquired land situated in all the three villages at ₹3,27,06,044/- per acre, along with all statutory ben- efits. 5. The acquired Land of present appellant was situated in village Gadoli Kalan. His reference was decided on 13.07.2022, determining the mar- ket value at ₹ 1,73,15,926/- per acre. 6. In the present appeal, prayer has been made for enhancement of compensa%on in terms of the aforesaid judgment dated 18.10.2022. 7. Learned State counsel has fairly conceded that the present ap- peal is squarely covered by the judgment dated 18.10.2022, though it has been pointed out that the State has challenged the said judgment before the Hon’ble Supreme Court. 8. Once it is conceded that the present appeal arise out of the same acquisi%on and is covered by the earlier judgment of this Court, the principle of parity necessarily applies. Landowners, whose lands have been acquired un- der the same no%fica%on and for the same public purpose, cannot be treated differently. In the absence of any dis%nguishing feature, uniform compensa- %on is required to be awarded to all landowners. YOGESH MEHTA 2026.02.13 14:16 I attest to the accuracy and integrity of this document    9. In view of the foregoing discussion, present appeals is allowed, and it is held that the market value of the acquired land pertaining to them shall be ₹3,27,06,044/- per acre, along with all statutory benefits, in terms of the judgment dated 18.10.2022 passed in a bunch of appeals led by RFA-1528- 2018 tled “Raj Kumari (deceased) through LRs and another vs. State of Haryana and others”, subject to final outcome of SLP, If any pending before Hon’ble Supreme Court. 10. The present Regular First Appeal stand disposed of in the above terms. 13.02.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No Uploaded on: 13.02.2026 YOGESH MEHTA 2026.02.13 14:16 I attest to the accuracy and integrity of this document