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High Court of Punjab and Haryana · body

2025 DAILYLAW 129592 (PNJ)

TEK CHAND JINDAL AND ORS. v. STATE OF HARYANA AND ORS.

RFA/409/2016 · 2025-11-19

Harkesh Manuja

body2025

Judgment text

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RFA-409 121 (2 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA 1. Tek Chand Jindal and ors. State of 2. Jagtar Singh State of Haryana and ors. CORAM: Present: HARKESH MANUJA, J. (ORAL) Regular First Appeals common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from 2016. 2. laid to the decision dated Additional District Judge, further enhancement of compensation. 409-2016 (O&M) & other [1 121 (2 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** Date of Decision: 19.11.2025 RFA No. Tek Chand Jindal and ors. Versus State of Haryana and ors. RFA Jagtar Singh Versus State of Haryana and ors. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Vikram Singh, Advocate and Mr. Ishnoor Singh, Advocate for the appellants. Mr.Abhinash Jain, DAG, Haryana. --- HARKESH MANUJA, J. (ORAL) Vide this common order, Regular First Appeals are being decided as common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from By way of filing the present appeal(s) challenge has been laid to the decision dated 20.11.2015 Additional District Judge, Karnal-cum further enhancement of compensation. 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 19.11.2025 RFA No. 409 of 2016 (O&M) …….Appellants Versus ..….Respondents RFA-3247-2016 (O&M) …..Appellant Versus …..Respondents HON'BLE MR. JUSTICE HARKESH MANUJA .Vikram Singh, Advocate and Mr. Ishnoor Singh, Advocate Abhinash Jain, DAG, Haryana. Vide this common order, the abovementioned two are being decided as both have arisen out of common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from RFA No.409 way of filing the present appeal(s) challenge has been 20.11.2015 passed by the learned cum-Reference Court, seeking further enhancement of compensation. the abovementioned two have arisen out of common acquisition/Award involving common facts and question of 409- way of filing the present appeal(s) challenge has been passed by the learned Reference Court, seeking SANJAY GUPTA 2025.11.29 13:15 I attest to the accuracy and integrity of this document RFA-409 3. acquired by the Government of 08.02.1989 and 07.02.1990/06.12.2011 6 of the Land Acquisition Act, 1894, for short ‘the Act’ development and utilization of land as residential and commercial for Sectors 4 and 5, Urb Collector (for short ‘the LAC’) vide award market value in respect of the acquired land acre, besides granting all other statutory benefits solatium on the amoun additional amount @ 12% per annum on the compensation date of notification under Section 4 of the Act till the date of Award, under the Act. 4. landowners which came to be disposed of by the learned Reference Court while determining the market value of the acquired land @ Rs. yards which comes to Rs.7,01,800/ benefits including solatium and additional amount @ 12% per annum, as granted by the LAC. 5. Court, the present appeals were preferred at the instance of appellants/ landowners 6. 409-2016 (O&M) & other [2 Briefly stating, some land, situated acquired by the Government of Haryana 08.02.1989 and 07.02.1990/06.12.2011 6 of the Land Acquisition Act, 1894, for short ‘the Act’ development and utilization of land as residential and commercial for Sectors 4 and 5, Urban Estate, Karnal Collector (for short ‘the LAC’) vide award market value in respect of the acquired land besides granting all other statutory benefits solatium on the amount as compulsory acquisition charges and additional amount @ 12% per annum on the compensation date of notification under Section 4 of the Act till the date of Award, under the Act. Dissatisfied with the aforesaid award, ers filed reference petitions invoking which came to be disposed of by the learned Reference Court while determining the market value of the acquired land @ Rs. yards which comes to Rs.7,01,800/- per acre along with all benefits including solatium and additional amount @ 12% per annum, as granted by the LAC. Aggrieved of the Award passed by the learned Reference Court, the present appeals were preferred at the instance of appellants/ landowners. As a matter of record, learned counsel for the appellants 2] , situated in District Karnal was Haryana vide notifications dated 08.02.1989 and 07.02.1990/06.12.2011, issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for development and utilization of land as residential and commercial for an Estate, Karnal. The Land Acquisition Collector (for short ‘the LAC’) vide award 19.03.2012 assessed market value in respect of the acquired land @ Rs.2.50 lakhs per besides granting all other statutory benefits including 30% t as compulsory acquisition charges and additional amount @ 12% per annum on the compensation from the date of notification under Section 4 of the Act till the date of Award, Dissatisfied with the aforesaid award, the appellants/ invoking Section 18 of the Act, which came to be disposed of by the learned Reference Court while determining the market value of the acquired land @ Rs.145/- per sq. per acre along with all statutory benefits including solatium and additional amount @ 12% per annum, Award passed by the learned Reference Court, the present appeals were preferred at the instance of learned counsel for the appellants was vide notifications dated issued under Sections 4 and respectively, for development and utilization of land as residential and commercial for The Land Acquisition assessed 2.50 lakhs per including 30% t as compulsory acquisition charges and the date of notification under Section 4 of the Act till the date of Award, appellants/ Section 18 of the Act, which came to be disposed of by the learned Reference Court while per sq. statutory benefits including solatium and additional amount @ 12% per annum, Award passed by the learned Reference Court, the present appeals were preferred at the instance of learned counsel for the appellants SANJAY GUPTA 2025.11.29 13:15 I attest to the accuracy and integrity of this document RFA-409 has not disputed the final determination in respect of the market value in the wake of decision order dated 17.12. Mohan and another Vs. State of Haryana and another the market value addition to other statutory benefits as provided under the Act. 7. grant of market value @ Rs.147.68/ Division Bench of this Court in 8. decision dated thus, the present appeals are also disposed of in the same terms thereof. 9 disposed of. 19.11.2025 sanjay 409-2016 (O&M) & other [3 has not disputed the final determination in respect of the market value wake of decision rendered by Hon’ble order dated 17.12.2004 passed in LPA No.704 of 1999, titled as Mohan and another Vs. State of Haryana and another market value was assessed @ Rs.147.68/ addition to other statutory benefits as provided under the Act. Learned State counsel does not dispute the factum of f market value @ Rs.147.68/ Division Bench of this Court in Brij Mohan’s Since the matter in hand decision dated 17.12.2024 passed in thus, the present appeals are also disposed of in the same terms Pending misc. application(s), if any, shall also stand disposed of. .11.2025 (HARKESH MANUJA) Whether speaking/reasoned? Whether Reportable? 3] has not disputed the final determination in respect of the market value by Hon’ble Division Bench vide LPA No.704 of 1999, titled as Brij Mohan and another Vs. State of Haryana and another, whereby @ Rs.147.68/- per sq. yards, addition to other statutory benefits as provided under the Act. Learned State counsel does not dispute the factum of f market value @ Rs.147.68/- per sq. yards by the Hon’ble Brij Mohan’s case (surpa). the matter in hand is squarely covered by the 17.12.2024 passed in Brij Mohan’s case (supra), thus, the present appeals are also disposed of in the same terms Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No has not disputed the final determination in respect of the market value Division Bench vide Brij whereby , in Learned State counsel does not dispute the factum of the Hon’ble squarely covered by the case (supra), thus, the present appeals are also disposed of in the same terms Pending misc. application(s), if any, shall also stand SANJAY GUPTA 2025.11.29 13:15 I attest to the accuracy and integrity of this document