RFA-2070 119 (5 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA Nekki Ram State of Haryana 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 2. laid to the decision dated Additional District Judge, further enhancement of the compensation. 3. to be 2.93 acres 2070-1998 (O&M) & 4 others [1 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** Date of Decision: RFA No. Nekki Ram (deceased) through LRs Versus State of Haryana CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Mr. S.K. Goel, Advocate for for the appellants/ landowners. Mr.Abhinash Jain, DAG, Haryana --- 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 the sake of brevity, facts are being taken By way of filing the present appeal(s) challenge has been laid to the decision dated 18.09.1997 Additional District Judge, Kaithal-cum further enhancement of the compensation. Briefly stating, 3.16 acres (on measurement it was found 2.93 acres) of land, situated within the revenue estate of Village 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 13.11.2025 RFA No. 2070 of 1998 (O&M) (deceased) through LRs and ors. …….Appellants Versus ..….Respondent HON'BLE MR. JUSTICE HARKESH MANUJA S.K. Goel, Advocate for for the appellants/ landowners. Mr.Abhinash Jain, DAG, Haryana Vide this common order, a bunch of 05 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 the sake of brevity, facts are being taken from RFA No.2070-1998. way of filing the present appeal(s) challenge has been 18.09.1997 passed by the learned cum-Reference Court, seeking further enhancement of the compensation. 3.16 acres (on measurement it was found , situated within the revenue estate of Village 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 Reference Court, seeking 3.16 acres (on measurement it was found , situated within the revenue estate of Village SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document RFA-2070 Pabnawa, Tehsil and District Kaithal the Government of Haryana vide notifications dated published on 06.09.1994 and 05.12.1994, published on 20.12.1994, issued under Sections 4 for short ‘the Act’respectively, for public purpose i.e. for of New Dhand Bye Pass. ‘the LAC’) vide award the acquired land granting all other statutory benefits under the Act 4. landownersfiled which came to be disposed of by the learned Reference Court while determining the market value of the acquired land @ Rs. per acre besides all other statutory benefits u 5. Court, the present appeals were preferred at the instance of appellants/ landowners 6. for the appellants/ landowners submits that the learned Reference Court went wrong having discarded the sale instance Ex.P2 dated 23.03.1994, merely for the reason that the same pertain parcel of area. He further contends that record that the land under acquisition was having commercial as well as residential potentiality 2070-1998 (O&M) & 4 others [2 Pabnawa, Tehsil and District Kaithal the Government of Haryana vide notifications dated published on 06.09.1994 and 05.12.1994, published on 20.12.1994, issued under Sections 4(1) and 6 of the Land Acquisition Act, 1894, for short ‘the Act’respectively, for public purpose i.e. for Dhand Bye Pass. The Land Acquisition Col ‘the LAC’) vide award 30.03.1995assessed market value in respect of the acquired land @ Rs.1,20,000/- for Nehri and Chahi land, granting all other statutory benefits under the Act Dissatisfied with the aforesaid award, landownersfiled reference petitions invoking which came to be disposed of by the learned Reference Court while determining the market value of the acquired land @ Rs. per acre besides all other statutory benefits u Aggrieved of the Award passed by the learned Reference Court, the present appeals were preferred at the instance of appellants/ landowners. Impugning the aforementioned Award, appellants/ landowners submits that the learned Reference went wrong having discarded the sale instance Ex.P2 dated 23.03.1994, merely for the reason that the same pertain parcel of area. He further contends that record that the land under acquisition was having commercial as well as residential potentiality comparable 2] Pabnawa, Tehsil and District Kaithal, wassought to be acquired by the Government of Haryana vide notifications dated 11.08.199 published on 06.09.1994 and 05.12.1994, published on 20.12.1994, and 6 of the Land Acquisition Act, 1894, for short ‘the Act’respectively, for public purpose i.e. for construction The Land Acquisition Collector (for short assessed market value in respect of for Nehri and Chahi land, besides granting all other statutory benefits under the Act 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.2,20,000/ per acre besides all other statutory benefits under the Act. Award passed by the learned Reference Court, the present appeals were preferred at the instance of Impugning the aforementioned Award, learned counsel appellants/ landowners submits that the learned Reference went wrong having discarded the sale instance Ex.P2 dated 23.03.1994, merely for the reason that the same pertained to a small parcel of area. He further contends that once it was established record that the land under acquisition was having commercial as well comparable to that of the sale exemplar acquired by 11.08.1994 published on 06.09.1994 and 05.12.1994, published on 20.12.1994, and 6 of the Land Acquisition Act, 1894, construction lector (for short assessed market value in respect of besides ellants/ Section 18 of the Act, which came to be disposed of by the learned Reference Court while 2,20,000/- Award passed by the learned Reference Court, the present appeals were preferred at the instance of learned counsel appellants/ landowners submits that the learned Reference went wrong having discarded the sale instance Ex.P2 dated to a small on record that the land under acquisition was having commercial as well of the sale exemplar SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document RFA-2070 Ex.P2 dated 23.03.1994, which was for an area measuring 37 sq. yards sold for Rs.6000/ lakhs (in award it was Rs.4.80 lakhs) taken into account for the purpose of assessment of compensation applying appropriate deduction of 25% towards the smallness of area involved therein. Learned counsel thus preferred at the instance of appellant 7. land under acquisition in the present case belongs to Village Pabnawa whereas different village i.e. Village Dhand, cannot be relied upon for the assessment of market value in the present case. He further submits thatEx.P2 rightly declined by the learned Reference was no same in comparison the appeal in hand is liable to be dismissed. 8. through the paper 9. instance Ex.P2 relates to Village Dhand, whereas the land under acquisition However, no other sale instance related to Village Pabnawa has been produced on record for determination of market value of the acquired 2070-1998 (O&M) & 4 others [3 Ex.P2 dated 23.03.1994, which was for an area measuring 37 sq. yards sold for Rs.6000/- and the price per acre was in award it was Rs.4.80 lakhs) taken into account for the purpose of assessment of compensation applying appropriate deduction of 25% towards the smallness of area involved therein. Learned counsel thus preferred at the instance of appellant needs On the other hand, learned State counsel submits that the land under acquisition in the present case belongs to Village Pabnawa whereas sale instance Ex.P2 different village i.e. Village Dhand, cannot be relied upon for the assessment of market value in the present case. He further submits thatEx.P2 being of small parcel of land rightly declined by the learned Reference was no evidence available on record to depict the location of the same in comparison to the land under acquisition.He thus the appeal in hand is liable to be dismissed. I have heard learned counsel of the parties and gone through the paper-book as well as records of the Admittedly, from the perusal of record, it is seen that sale instance Ex.P2 relates to Village Dhand, whereas the land under acquisition in the present case forms part of Village Pabnawa. However, no other sale instance related to Village Pabnawa has been produced on record for determination of market value of the acquired 3] Ex.P2 dated 23.03.1994, which was for an area measuring 37 sq. and the price per acre was around Rs.6.40 in award it was Rs.4.80 lakhs), the samewas required to be taken into account for the purpose of assessment of compensation applying appropriate deduction of 25% towards the smallness of area involved therein. Learned counsel thus submits that the appeal needs to be allowed. On the other hand, learned State counsel submits that the land under acquisition in the present case belongs to Village sale instance Ex.P2 being a sale deed from different village i.e. Village Dhand, cannot be relied upon for the assessment of market value in the present case. He further submits land measuring 50 sq. yards was rightly declined by the learned Reference Court especially when there evidence available on record to depict the location of the to the land under acquisition.He thus, prays that the appeal in hand is liable to be dismissed. I have heard learned counsel of the parties and gone book as well as records of the case. Admittedly, from the perusal of record, it is seen that sale instance Ex.P2 relates to Village Dhand, whereas the land under present case forms part of Village Pabnawa. However, no other sale instance related to Village Pabnawa has been produced on record for determination of market value of the acquired Ex.P2 dated 23.03.1994, which was for an area measuring 37 sq. around Rs.6.40 was required to be taken into account for the purpose of assessment of compensation by applying appropriate deduction of 25% towards the smallness of submits that the appeal On the other hand, learned State counsel submits that the land under acquisition in the present case belongs to Village e deed from different village i.e. Village Dhand, cannot be relied upon for the assessment of market value in the present case. He further submits sq. yards was especially when there evidence available on record to depict the location of the prays that I have heard learned counsel of the parties and gone Admittedly, from the perusal of record, it is seen that sale instance Ex.P2 relates to Village Dhand, whereas the land under present case forms part of Village Pabnawa. However, no other sale instance related to Village Pabnawa has been produced on record for determination of market value of the acquired SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document RFA-2070 land, rather it is admitted by both the parties that there exists no contemporaneous sale instance for Village Pabnawa as land under acquisition in the case in hand also admitted fact that Village Pabnawa and Dhand are adjacent villages, Ex.P2 is to be relied upon in wake of well settled law th absence of comparable sale deeds of the contemporaneous period, then the Court should look village(s) as held by Hon’ble Apex Court in the case of Vs. UOI and ors. paragraph thereof is extracted hereunder: Hon’ble Apex Court in reported as 2070-1998 (O&M) & 4 others [4 land, rather it is admitted by both the parties that there exists no poraneous sale instance for Village Pabnawa as land under acquisition in the case in hand. In such circumstances, where it is also admitted fact that Village Pabnawa and Dhand are adjacent villages, Ex.P2 is to be relied upon in wake of well settled law th absence of comparable sale deeds of the contemporaneous period, then the Court should look towards village(s) as held by Hon’ble Apex Court in the case of Vs. UOI and ors.reported as (2009) 15 SCC 769. Relevant aragraph thereof is extracted hereunder: “36 (i) It is now well settled awards relating to neighbouring village will not be relied on when acceptable evidence by way of contemporaneous sale transactions or awards are available in the acquisition took place. (Where there are no contemporaneous sale deeds or awards relating to the same village, then the sale transactions or awards of the same period relating to the neighbouring village can be conside there is evidence to show that the acquired lands and the lands covered by the exemplar deeds of the neighbouring village are similarly situated)…..” The same proposition of law has been reiterated by the Hon’ble Apex Court in Revenue Divisional Officer Vs. Ismail Bhai reported as 2022 INSC 1200, wherein 4] land, rather it is admitted by both the parties that there exists no poraneous sale instance for Village Pabnawa as land under . In such circumstances, where it is also admitted fact that Village Pabnawa and Dhand are adjacent villages, Ex.P2 is to be relied upon in wake of well settled law that in absence of comparable sale deeds of the contemporaneous period, towards the sale deed of the nearby village(s) as held by Hon’ble Apex Court in the case of Lal Chand reported as (2009) 15 SCC 769. Relevant aragraph thereof is extracted hereunder:- It is now well settled that sale transactions or awards relating to neighbouring village will not be relied on when acceptable evidence by way of contemporaneous sale transactions or awards are available in regard to the very village where the acquisition took place. (Where there are no contemporaneous sale deeds or awards relating to the same village, then the sale transactions or awards of the same period relating to the neighbouring village can be considered provided there is evidence to show that the acquired lands and the lands covered by the exemplar deeds of the neighbouring village are similarly The same proposition of law has been reiterated by the Divisional Officer Vs. Ismail Bhai wherein the land under acquisition land, rather it is admitted by both the parties that there exists no poraneous sale instance for Village Pabnawa as land under . In such circumstances, where it is also admitted fact that Village Pabnawa and Dhand are adjacent at in absence of comparable sale deeds of the contemporaneous period, the sale deed of the nearby Lal Chand reported as (2009) 15 SCC 769. Relevant that sale transactions or awards relating to neighbouring village will not be relied on when acceptable evidence by way of contemporaneous sale transactions or awards regard to the very village where the acquisition took place. (Where there are no contemporaneous sale deeds or awards relating to the same village, then the sale transactions or awards of the same period relating to the red provided there is evidence to show that the acquired lands and the lands covered by the exemplar deeds of the neighbouring village are similarly The same proposition of law has been reiterated by the Divisional Officer Vs. Ismail Bhai, the land under acquisition SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document RFA-2070 formed part of Village Attapur and in absence of sale deed pertaining to the same, Bahadpur Court was held to be correct. Thus, in the humble opinion of this Court, reliance can be safely placed on the sale instance Ex.P2 dated 23.03.1994 considering Pabnawa and Dhand are adjacent villages. 10. Reference Court positive finding of fact has been recorded acquisition was surrounded by various commercial and institutional establishments and was having potentiality for residential purposes. The said finding recorded by the learned Reference Court in para 8 is extracted hereunder: 2070-1998 (O&M) & 4 others [5 formed part of Village Attapur and in absence of sale deed pertaining to the same, reliance placed on sale deed Bahadpur, adjacent to the land acquiredby the learned Reference Court was held to be correct. Thus, in the humble opinion of this Court, reliance can be safely placed on the sale instance Ex.P2 dated 23.03.1994 considering Pabnawa and Dhand are adjacent villages. Moreover, a perusal of the award passed by the learned Reference Court shows that based on the appreciation of evidence, a positive finding of fact has been recorded acquisition was surrounded by various commercial and institutional establishments and was having potentiality for residential purposes. The said finding recorded by the learned Reference Court in para 8 is extracted hereunder:- “Now in the instant case from mere perusal of the scaled site plan Ex.P1 coupled with oral evidence adduced it stands made out that the acquired land has in its vicinity Kanya Maha Vidalaya, Aggarwal residential colony, Bus Stand, Dhand, F C I Godown, Private Go and Rice Shellers. This situation of the acquired land clearly depicts its potentiality for commercial as well as residential purposes. It is not to be disposed that the land in the neighbor hood of the town always has a potential value. Proximity of the acquired land to the Dhand town and a reasonable probability to its assimilation into buildings on accommodation site gives this agricultural land a higher value 5] formed part of Village Attapur and in absence of sale deed pertaining reliance placed on sale deed which pertained to Village land acquiredby the learned Reference Court was held to be correct. Thus, in the humble opinion of this Court, reliance can be safely placed on the sale instance Ex.P2 dated 23.03.1994 considering Pabnawa and Dhand are adjacent villages. perusal of the award passed by the learned shows that based on the appreciation of evidence, a positive finding of fact has been recorded that the land under acquisition was surrounded by various commercial and institutional establishments and was having potentiality for residential purposes. The said finding recorded by the learned Reference Court in para 8 is n the instant case from mere perusal of the scaled site plan Ex.P1 coupled with oral evidence adduced it stands made out that the acquired land has in its vicinity Kanya Maha Vidalaya, Aggarwal residential colony, Bus Stand, Dhand, F C I Godown, Private Godown and Rice Shellers. This situation of the acquired land clearly depicts its potentiality for commercial as well as residential purposes. It is not to be disposed that the land in the neighbor hood of the town always has a potential value. the acquired land to the Dhand town and a reasonable probability to its assimilation into buildings on accommodation site gives this agricultural land a higher value……..Now the formed part of Village Attapur and in absence of sale deed pertaining which pertained to Village land acquiredby the learned Reference Court was held to be correct. Thus, in the humble opinion of this Court, reliance can be safely placed on the sale instance Ex.P2 dated 23.03.1994 considering Pabnawa and Dhand are adjacent villages. perusal of the award passed by the learned shows that based on the appreciation of evidence, a that the land under acquisition was surrounded by various commercial and institutional establishments and was having potentiality for residential purposes. The said finding recorded by the learned Reference Court in para 8 is n the instant case from mere perusal of the scaled site plan Ex.P1 coupled with oral evidence adduced it stands made out that the acquired land has in its vicinity Kanya Maha Vidalaya, Aggarwal residential colony, Bus down and Rice Shellers. This situation of the acquired land clearly depicts its potentiality for commercial as well as residential purposes. It is not to be disposed that the land in the neighbor hood of the town always has a potential value. the acquired land to the Dhand town and a reasonable probability to its assimilation into buildings on accommodation site gives this Now the SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document RFA-2070 acquisition was having potential for commercial and residential purposes, being in proximity to the Dhand town, the sale exemplar Ex.P2 dated 23.03.1994 though pertaining to a small parcel of required to be relied upon by the learned Reference Court, when from the aforementioned discussion it is clear that land under acquisition has geographical location. 11. any evidence to establish that the sale instance Ex.P2 dated 23.03.1994 was not a needs to be relied upon for the purpose of determination o of the acquired land. Reliance in this regard can also be placed upon the decision made by the Hon’ble Apex Court in the case of deceased through his LRs and others Vs. State of Haryana and ors. reported as 29 are reproduced hereunder: 2070-1998 (O&M) & 4 others [6 location of the acquired land as already discussed, is such that if the same h acquired land as already discussed, is such that if the same had not been acquired by the Government for construction of the new Dhand Bye Pass its probable use in the near future would have been for the building purposes….. In view of the aforesaid acquisition was having potential for commercial and residential purposes, being in proximity to the Dhand town, the sale exemplar Ex.P2 dated 23.03.1994 though pertaining to a small parcel of required to be relied upon by the learned Reference Court, when from the aforementioned discussion it is clear that land under acquisition has similar nature and potential, besides identical geographical location. Moreover, the respondents have failed to produce on record any evidence to establish that the sale instance Ex.P2 dated 23.03.1994 was not a bona fide or genuine sale transaction and thus, the same needs to be relied upon for the purpose of determination o of the acquired land. Reliance in this regard can also be placed upon the decision made by the Hon’ble Apex Court in the case of deceased through his LRs and others Vs. State of Haryana and ors. reported as 2024 (4) RCR (Civil) 758, and relevant paragraph Nos. 27 to 29 are reproduced hereunder:- “27. In the instant case, there are multiple sale deeds of smaller plots, and these represent the best available evidence for estimating compensation. Since there is 6] location of the acquired land as already discussed, is such that if the same had not been acquired land as already discussed, is such that if the same had not been acquired by the Government for construction of the new Dhand Bye Pass its probable use in the near future would have been for the building purposes…..” In view of the aforesaid finding, since the land under acquisition was having potential for commercial and residential purposes, being in proximity to the Dhand town, the sale exemplar Ex.P2 dated 23.03.1994 though pertaining to a small parcel of 50 sq. yards was required to be relied upon by the learned Reference Court, especially when from the aforementioned discussion it is clear that land under similar nature and potential, besides identical Moreover, the respondents have failed to produce on record any evidence to establish that the sale instance Ex.P2 dated 23.03.1994 or genuine sale transaction and thus, the same needs to be relied upon for the purpose of determination of market value of the acquired land. Reliance in this regard can also be placed upon the decision made by the Hon’ble Apex Court in the case of Horrmal deceased through his LRs and others Vs. State of Haryana and ors. and relevant paragraph Nos. 27 to In the instant case, there are multiple sale deeds of smaller plots, and these represent the best available evidence for estimating compensation. Since there is location of the acquired land as already ad not been acquired land as already discussed, is such that if the same had not been acquired by the Government for construction of the new Dhand Bye Pass its probable use in the near future ” the land under acquisition was having potential for commercial and residential purposes, being in proximity to the Dhand town, the sale exemplar Ex.P2 dated rds was especially when from the aforementioned discussion it is clear that land under similar nature and potential, besides identical Moreover, the respondents have failed to produce on record any evidence to establish that the sale instance Ex.P2 dated 23.03.1994 or genuine sale transaction and thus, the same f market value of the acquired land. Reliance in this regard can also be placed upon the rmal deceased through his LRs and others Vs. State of Haryana and ors., and relevant paragraph Nos. 27 to In the instant case, there are multiple sale deeds of smaller plots, and these represent the best available evidence for estimating compensation. Since there is SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document RFA-2070 2070-1998 (O&M) & 4 others [7 no legal impediment to co sale deeds, the logical progression in the compensation estimation process would be to identify the most suitable sale deed(s) for determining the market value and subsequently, to apply adequate deductions on the same. The solution to this state of flux may thus be found in the case of MehrawalKhewaji Trust v. State of Punjab Court laid down as follows: "....It is clear that when there are several exemplars with reference to similar lands, it is the general rule that the highest of the exemplars, if it is satisfied that it is a bona fide transaction, has to be considered and accepted. When the land is being compulsorily taken away from a person, he is entitled to the highest value which similar land in the locality is shown to have fetched in a bona fide transaction entered into between a willing purchaser and a willing seller near about the time of the acquisition." [Emphasis supplied] 28. This view has been reiterated in Sh. Himmat Singh v. State of M.P., (2013) 16 SCC 392 where a three this Court consolidated various precedents to affirm that in circumstances where there are multiple sale available for consideration, the Court shall rely on the highest valued exemplars unless the prices fall within a narrow range, in which case calculating an 7] no legal impediment to considering such sale deeds, the logical progression in the compensation estimation process would be to identify the most suitable sale deed(s) for determining the market value and subsequently, to apply adequate deductions on the same. The solution to state of flux may thus be found in the MehrawalKhewaji Trust v. State of Punjab, (2012) 5 SCC 432 where this Court laid down as follows:- "....It is clear that when there are several exemplars with reference to similar lands, it is the general rule that the highest of the exemplars, if it is satisfied that it is a bona fide transaction, has to be considered and accepted. When the land ng compulsorily taken away from a person, he is entitled to the highest value which similar land in the locality is shown to have fetched in a bona fide transaction entered into between a willing purchaser and a willing seller near about the time of quisition." [Emphasis supplied] This view has been reiterated in Sh. Himmat Singh v. State of M.P., (2013) 16 SCC 392 where a three-judge bench of this Court consolidated various precedents to affirm that in circumstances where there are multiple sale deeds available for consideration, the Court shall rely on the highest valued exemplars unless the prices fall within a narrow range, in which case calculating an nsidering such sale deeds, the logical progression in the compensation estimation process would be to identify the most suitable sale deed(s) for determining the market value and subsequently, to apply adequate deductions on the same. The solution to state of flux may thus be found in the MehrawalKhewaji Trust v. State his "....It is clear that when there are several exemplars with reference to similar lands, it is the general rule that the highest of the exemplars, if it is satisfied that it is a bona fide transaction, has to be considered and accepted. When the land ng compulsorily taken away from a person, he is entitled to the highest value which similar land in the locality is shown to have fetched in a bona fide transaction entered into between a willing purchaser and a willing seller near about the time of This view has been reiterated in Sh. Himmat Singh v. State of M.P., (2013) 16 judge bench of this Court consolidated various precedents to affirm that in circumstances deeds available for consideration, the Court shall rely on the highest valued exemplars unless the prices fall within a narrow range, in which case calculating an SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document RFA-2070 12. present case is for an area measuring 3.16 acres; whereas the sale exemplar dated 23.03.1994 sq. yards, an appropriate cut of to be applied. 13. 2070-1998 (O&M) & 4 others [8 average of the values therein may be more congruous. 29. In these extenuating circumstances exists significant disparity among the sale exemplars presently under consideration. Amongst these sale exemplars, being Ex. P2-P8 and Ex. P10, the highest sale instance values the land at Rupees 1,81,33,867 per acre, whereas the lowest values it a Given this wide range and in light of the judicial precedents cited above, we are of the opinion that we should rely upon the highest sale exemplar, which is Ex. P5, rather than solely depending upon an average of the multiple produced before us. Despite the Respondents' vehement contention that Ex. P5 should not be relied upon owing to it being a significantly smaller parcel of land- the detailed analysis conducted above indicates no reason why Ex. P5 cannot be utili amount of compensation to be awarded to the Appellants for the acquired land. However, considering the fact that the acquisition in the present case is for an area measuring 3.16 acres; whereas the sale exemplar dated 23.03.1994, as per records, is for an area measuring sq. yards, an appropriate cut of 50% towards the smallness of area needs to be applied. Admittedly, the purpose of acquisition being laying down of 8] average of the values therein may be more congruous. In these extenuating circumstances, there exists significant disparity among the sale exemplars presently under consideration. Amongst these sale exemplars, being Ex. P8 and Ex. P10, the highest sale instance values the land at Rupees 1,81,33,867 per acre, whereas the lowest values it at Rupees 16,94,000 per acre. Given this wide range and in light of the judicial precedents cited above, we are of the opinion that we should rely upon the highest sale exemplar, which is Ex. P5, rather than solely depending upon an average of the multiple sale deeds produced before us. Despite the Respondents' vehement contention that Ex. P5 should not be relied upon owing to it being a significantly smaller parcel of the detailed analysis conducted above indicates no reason why Ex. P5 cannot be utilised to determine the amount of compensation to be awarded to the Appellants for the acquired land.” However, considering the fact that the acquisition in the present case is for an area measuring 3.16 acres; whereas the sale , as per records, is for an area measuring 50 0% towards the smallness of area needs Admittedly, the purpose of acquisition being laying down of average of the values therein may be , there exists significant disparity among the sale exemplars presently under consideration. Amongst these sale exemplars, being Ex. P8 and Ex. P10, the highest sale instance values the land at Rupees 1,81,33,867 per acre, whereas the lowest t Rupees 16,94,000 per acre. Given this wide range and in light of the judicial precedents cited above, we are of the opinion that we should rely upon the highest sale exemplar, which is Ex. P5, rather than solely depending upon an sale deeds produced before us. Despite the Respondents' vehement contention that Ex. P5 should not be relied upon owing to it being a significantly smaller parcel of the detailed analysis conducted above indicates no reason why Ex. P5 sed to determine the amount of compensation to be awarded to However, considering the fact that the acquisition in the present case is for an area measuring 3.16 acres; whereas the sale 50 0% towards the smallness of area needs Admittedly, the purpose of acquisition being laying down of SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document RFA-2070 New Dhand Bye Pass of the State was not to suffer any l optimum utilization of acquired land or any cost towards providing of infrastructural development amenities, as such no cut is required to be applied towards development cost. 14. 14. while placing reliance upon sale price derived from the sale exemplar Ex.P2 dated 23.03.1994 i.e. Rs.6.40 lakhs per acre and upon application fo cut of same exemplar, the market value of the acquired lan notification under Section 4 of the Act assessed @ Rs with all statutory benefits including interest on solatium. 15. 16. disposed of 13.11.2025 sanjay Sr. No. 1. 2. 3. 4. 13.11.2025 sanjay 2070-1998 (O&M) & 4 others [9 New Dhand Bye Pass of the State was not to suffer any l optimum utilization of acquired land or any cost towards providing of infrastructural development amenities, as such no cut is required to be applied towards development cost. Accordingly, in the wake of discussion made hereinabove, placing reliance upon sale price derived from the sale exemplar Ex.P2 dated 23.03.1994 i.e. Rs.6.40 lakhs per acre and upon application fo cut of 50% thereupon toward smallness of the area involved in the same exemplar, the market value of the acquired lan notification under Section 4 of the Act assessed @ Rs with all statutory benefits including interest on solatium. Disposed of on the above terms. Pending misc. application(s), if any, shall also stand disposed of. .2025 (HARKESH MANUJA) Whether speaking/reasoned? Whether Reportable? Sr. No. Case No. RFA- 3926-1998(O&M) RFA-3927-1998O&M) RFA- 753-2000(O&M) RFA- 837-2000(O&M) .2025 (HARKESH MANUJA) 9] New Dhand Bye Pass of the State was not to suffer any loss towards optimum utilization of acquired land or any cost towards providing of infrastructural development amenities, as such no cut is required to be Accordingly, in the wake of discussion made hereinabove, placing reliance upon sale price derived from the sale exemplar Ex.P2 dated 23.03.1994 i.e. Rs.6.40 lakhs per acre and upon application 0% thereupon toward smallness of the area involved in the same exemplar, the market value of the acquired land on the date of notification under Section 4 of the Act assessed @ Rs 3,20,000/- along with all statutory benefits including interest on solatium. Disposed of on the above terms. Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No (O&M) O&M) (O&M) (O&M) (HARKESH MANUJA) JUDGE oss towards optimum utilization of acquired land or any cost towards providing of infrastructural development amenities, as such no cut is required to be Accordingly, in the wake of discussion made hereinabove, placing reliance upon sale price derived from the sale exemplar Ex.P2 dated 23.03.1994 i.e. Rs.6.40 lakhs per acre and upon application 0% thereupon toward smallness of the area involved in the d on the date of along Pending misc. application(s), if any, shall also stand SANJAY GUPTA 2025.11.18 17:59 I attest to the accuracy and integrity of this document