119 IN TH Anant Ram Punjab Stat CORAM: Present: HARKESH CM No. 180 applicant-ap appeal, whic prayer made application, counsel for CM-9082- of the Code evidence by IN THE HIGH COURT OF PUNJA AT CHANDIGAR CM N RFA Date Ram Versus b State and others HON'BLE MR. JUSTICE HAR Mr. R.S. Manhas, Advocate, Mr. Gunjan Mehta, Additional for the respondents. **** KESH MANUJA, J. (ORAL) 1807-CI of 2024 Prayer in the present applicati appellant, is for fixing an actual d l, which stood admitted vide order da Notice of the application was is Learned State Counsel raises r made in the application. In view of the above as well ation, the same is allowed and wi el for parties, the main case is taken -CI-2017 Notice of the instant applicatio Code of Civil Procedure seeking pe ce by the applicant-appellant was iss UNJAB AND HARYANA IGARH CM No. 1807-CI of 2024 in/and RFA No. 101 of 2012 (O&M) Date of Decision: 22.01.2026 ...Appellant ...Respondents HARKESH MANUJA , for the appellant. ional Advocate General, Punjab plication, moved on behalf of the ctual date of hearing of the main der dated 02.05.2012. was issued on 05.08.2024. raises no objection against the s well as reasons stated in the nd with the consent of learned taken on board today itself. lication under Order 41 Rule 27 ing permission to lead additional as issued on 06.09.2017. DINESH KUMAR 2026.01.23 19:23 I attest to the accuracy and integrity of this document

            -2-     After arguing for some time, learned counsel for the applicant-appellant does not press the instant application any further. Dismissed as not pressed. MAIN CASE The appellant-landowner, by instituting the present appeal preferred under Section 54 of the Land Acquisition Act, 1894 (for short “1894 Act”), seeks modification of the award dated 16.09.2011 passed by learned Additional District Judge, Gurdaspur (hereinafter to be referred as “Reference Court”) while claiming enhancement of compensation amount. [2] In the present case, the acquisition commenced vide notification dated 20.09.1995 issued under Section 4 of the 1894 Act; followed by an award No. 119, dated 30.09.1998 passed by the LAC. Being aggrieved, the appellant-landowner preferred reference under Section 18 of the 1894 Act for seeking enhancement which was disposed off vide decision dated 16.09.2011. Still aggrieved, the appellant-landowner has preferred the present appeal. [3] At the outset, learned counsel for the appellant submits that with respect to the re-assessment of market value, he has instructions not to press the present appeal. [4] Ordered accordingly. [5] Learned counsel for the appellant restricts the prayer with regard to grant of damages, when the appellant was forced to shift his residence from his Village Sarti Teeka Marwan, District Pathankot (Erstwhile District Gurdaspur) on account of present acquisition. [6] I have heard learned counsel for the parties and gone through the paper-book / relevant record. DINESH KUMAR 2026.01.23 19:23 I attest to the accuracy and integrity of this document

            -3-     [7] Placing reliance upon the adjudication made by this Court vide its decision dated 02.11.2018 passed in RFA-1006-2010, titled “State of Punjab and others Versus Usha Rani (II)”, the appellant-landowner who has been made to shift his abode as a result of the present acquisition; on parity, is awarded damages of 20% of the market value on account of the same. The relevant operative part in relief clause (xii) of the aforesaid decision dated 02.11.2018 is extracted hereunder:- “(xii) Apart from the above, landowners whose land is falling in the following 8 villages, shall also be entitled for the benefit of additional 20%, over and above the compensation awarded to them, on account of they being forced to shift their residence from the said villages: (a) Darkua Bangla Khas, (b) Tikka Godwan, (c) Phangota Khas, (d) Tikka Gulial, (e) Tikka Kattal, (f) Tikka Shamlat, (g) Tikka Ladhwal and (h) Chakbela.” [8] It is made clear that the benefit of additional 20% shall be over and above the compensation assessed against the acquisition of land as well as the compensation paid to him qua the super-structure. The enhancement shall carry all other statutory benefits especially the interest on solatium as well provided under the 1894 Act. [9] Pending miscellaneous application(s), if any, shall stand(s) disposed off.
January 22, 2026 ( HARKESH MANUJA ) ‘dk kamra’ JUDGE

    
    DINESH KUMAR 2026.01.23 19:23 I attest to the accuracy and integrity of this document