1 RFA-3347-2003(O&M) and other connected cases 213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-3347-2003(O&M) and other connected cases Date of decision: 24.02.2025 State of Haryana and others ..Appellants Versus Rajender and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Vibha Tewari, AAG, Haryana Mr. B.K.Bagri, Advocate for the landowners Mr. Sunil Panwar, Advocate for the landowners in RFA-3536 to 3543 and 4562 of 2003 Mr. J.P.Jangu, Advocate for the landowners in RFA-3374 of 2003 ANIL KSHETARPAL, J. (Oral) 1. With the consent of the learned counsel representing the parties, a batch of 66 connected appeals and two cross objections (details whereof are at the foot of the judgment) shall stand disposed of by this common order. 2. These cross appeals and cross objections have been filed to assail the correctness of the market value assessed by the Reference Court (hereinafter referred to as ‘RC’) on applications filed under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘1894 Act’) vide judgment dated 13.05.2003. Rekha Sihag 2025.03.25 14:07 I attest to the accuracy and integrity of this document Chandigarh 2 RFA-3347-2003(O&M) and other connected cases 3. The notification under Section 4 of ‘the 1894 Act’ was issued on 13.01.1998 proposing to acquire 16 kanals 3 marlas land for construction of Kishanpur Minor (drain) in village Pranpura, District Rewari. The Land Acquisition Collector assessed the market value of the acquired land in the following manner:- i) Chahi land - Rs.2,50,000/- per acre ii) Gair Mumkin - Rs.2,75,000/- per acre 4. The RC has assessed the market value at the rate of Rs.6,00,000/- per acre while relying upon the market value assessed for similarly located land vide Ex.P4 and P5. 5. The landowners and the State of Haryana have produced various exemplar sale deeds which are post 13.01.1998. Hence, no sale deed of contemporaneous period with respect to the acquisition has been produced by the parties. 6. At some distance, State has acquired land for construction of another drain namely Kheri Mohala Drain. 7. Learned counsel representing the landowners submits that the RC has failed to grant compensation for severance of land in two or more parts. He submits that on account of acquisition of narrow strip of land, the remaining land of the landowners has been divided into two or more parts. 8. Per contra, the learned State counsel has submitted that even after the acquisition, the price of the land in village Pranpura was in the range of 1,37,000/- per acre whereas the RC has awarded Rs.6,00,000/-. She submits that the RC has erred in relying upon awards EX.P-4 and P5 which Rekha Sihag 2025.03.25 14:07 I attest to the accuracy and integrity of this document Chandigarh 3 RFA-3347-2003(O&M) and other connected cases is with respect to a parcel of land located at a sufficient distance from the acquired land. 9. This Court has considered the submissions made by the learned counsel representing the parties. 10. It is the admitted position that the landowners have already been paid the market value at the rate of Rs.6,00,000/- per acre, though on furnishing surety. These appeals are pending for the last 22 years. The acquisition started in the year 1998. It is evident that vide awards Ex.P4 and P5 the RC assessed the market value of the acquired land in the area at the rate of Rs.6,00,000/- per acre. The RC has found the aforesaid parcels of land comparable with the acquired land. In the absence of sale instance of contemporaneous period, this Court does not find it appropriate to interfere with the assessment made by the RC. For awarding damages on account of severance of un-acquired land available with the landowners in two or more portions, the landowners are required to lead some evidence to prove that fact. The RC cannot presume damages only on account of acquisition of land in narrow strip. The landowners should have led some evidence to prove damages on account of division of their parcels of land into two or more parts due to acquisition. In the absence of material evidence thereof, the RC did not find it appropriate to use the thumb rule. Moreover, the landowners have already been compensated at the rate of Rs.6,00,000/- per acre, though the sale deed Ex.R-7 and R-8 reflect prices in the range of Rs.1,40,000/- per acre. 11. Keeping in view the aforesaid facts, all the appeals shall stand disposed of. Rekha Sihag 2025.03.25 14:07 I attest to the accuracy and integrity of this document Chandigarh 4 RFA-3347-2003(O&M) and other connected cases 12. All the pending miscellaneous applications, if any, are also disposed of. disposed of. (ANIL KSHETARPAL) 24.02.2025 JUDGE rekha Whether speaking/reasoned Yes/No Whether reportable Yes/No S. No. Case No. Case Title 1 RFA-248-2004 Karan Singh and others v/s State of Haryana and others 2 RFA-2012-2004 Thawar Singh and others v/s State of Haryana and others 3 RFA-2013-2004 Rajender Parsad and others v/s State of Haryana and others 4 RFA-2015-2004 Ram Singh and others v/s State of Haryana and others 5 RFA-2016-2004 Jag Ram and others v/s State of Haryana and others 6 RFA-2018-2004 Raj Kumar v/s State of Haryana and others 7 RFA-2019-2004 Ram Kanwar and others v/s State of Haryana and others 8 RFA-2032-2004 Matadeen and others v/s State of Haryana and another 9 RFA-2033-2004 Rati Ram and others v/s State of Haryana and another 10 RFA-2034-2004 Dhan Kaur and others v/s State of Haryana and another 11 RFA-2141-2004 Chandgi Ram and others v/s State of Haryana and others 12 RFA-2142-2004 Jagram and others v/s State of Haryana and another 13 RFA-2265-2004 Puran Singh and others v/s State of Haryana and another 14 RFA-2266-2004 Subh Ram and others v/s State of Haryana and another 15 RFA-2351-2004 Vijay Kumar and others v/s State of Haryana and another 16 RFA-2638-2007 Gajraj and others v/s State of Haryana and others Rekha Sihag 2025.03.25 14:07 I attest to the accuracy and integrity of this document Chandigarh 5 RFA-3347-2003(O&M) and other connected cases 17 RFA-2639-2007 Deep Chand v/s State of Haryana and others 18 RFA-3348-2003 State of Haryana and others v/s Rajender Parshad and others 19 RFA-3349-2003 State of Haryana and another v/s Subh Ram and others 20 RFA-3350-2003 State of Haryana and another v/s Puran Singh and others 21 RFA-3351-2003 State of Haryana and others v/s Smt. Ganga Valda (through his LRs) and others 22 RFA-3352-2003 State of Haryana and others v/s Thawar Singh and others 23 RFA-3353-2003 State of Haryana and others v/s Ram Singh and others 24 RFA-3354-2003 State of Haryana and others v/s Smt. Lodhi and others 25 RFA-3355-2003 State of Haryana and another v/s Vijay Kumar and others 26 RFA-3356-2003 State of Haryana and others v/s Ram Singh and others 27 RFA-3357-2003 State of Haryana and others v/s Bharat Singh and others 28 RFA-3358-2003 State of Haryana and another v/s Smt. Santra and others 29 RFA-3359-2003 State of Haryana and another v/s Mata Deen and others 30 RFA-3360-2003 State of Haryana and others v/s Sumer Singh 31 RFA-3361-2003 State of Haryana and others v/s Hari Ram and others 32 RFA-3362-2003 State of Haryana and others v/s Roop Chand and others 33 RFA-3363-2003 State of Haryana and others v/s Ran Singh and others 34 RFA-3364-2003 State of Haryana and others v/s Raj Kumar and others 35 RFA-3365-2003 State of Haryana and others v/s Ram Kanwar and others 36 RFA-3366-2003 State of Haryana and others v/s Gaj Raj and others 37 RFA-3367-2003 State of Haryana and others v/s Shri Ram Rekha Sihag 2025.03.25 14:07 I attest to the accuracy and integrity of this document Chandigarh 6 RFA-3347-2003(O&M) and other connected cases and others 38 RFA-3368-2003 State of Haryana and another v/s Surat Singh and others 39 RFA-3369-2003 State of Haryana and another v/s Ratti Ram and others 40 RFA-3370-2003 State of Haryana and others v/s Karan Singh and others 41 RFA-3371-2003 State of Haryana and others v/s Ran Singh and others 42 RFA-3372-2003 State of Haryana and others v/s Ranjit Singh and another 43 RFA-3373-2003 State of Haryana and others v/s Chet Ram and others 44 RFA-3374-2003 State of Haryana and others v/s Ved Parkash and others 45 RFA-3375-2003 State of Haryana and others v/s Mange Ram 46 RFA-3376-2003 State of Haryana and others v/s Mangal Ram (through his LRs) and others 47 RFA-3377-2003 State of Haryana and others v/s Jag Ram and others 48 RFA-3378-2003 State of Haryana and others v/s Dalip Singh and others 49 RFA-3379-2003 State of Haryana and others v/s Subhram and others 50 RFA-3380-2003 State of Haryana and others v/s Udmi 51 RFA-3381-2003 State of Haryana and others v/s Parbhati and others 52 RFA-3382-2003 State of Haryana and others v/s Sheo Lal and others 53 RFA-3383-2003 State of Haryana and others v/s Deep Chand 54 RFA-3384-2003 State of Haryana and others v/s Tej Pal and others 55 RFA-3536-2003 Smt. Lodhi and others v/s State of Haryana and others 56 RFA-3537-2003 Udmi v/s State of Haryana and others 57 RFA-3538-2003 Ran Singh and others v/s State of Haryana and others 58 RFA-3539-2003 Ram Singh and others v/s State of Haryana and others Rekha Sihag 2025.03.25 14:07 I attest to the accuracy and integrity of this document Chandigarh 7 RFA-3347-2003(O&M) and other connected cases 59 RFA-3540-2003 Bharat Singh and others v/s State of Haryana and others 60 RFA-3541-2003 Ran Singh and others v/s State of Haryana and others 61 RFA-3542-2003 Dalip Singh and others v/s State of Haryana and others 62 RFA-3543-2003 Roop Chand and others v/s State of Haryana and others 63 RFA-3888-2007 Tej Pal @ Tej Ram and others v/s State of Haryana and others 64 RFA-4510-2003 Ved Parkash v/s State of Haryana and others 65 RFA-4562-2003 Parbhati and others v/s State of Haryana and others 66 X-Objection No.156-CI-2004 in RFA-3370- 2003 State of Haryana and others v/s Karan Singh and others 67 X-Objection No.155-CI-2004 in RFA-3372- 2003 State of Haryana and others v/s Ranjit Singh and another (ANIL KSHETARPAL) 24.02.2025 JUDGE rekha Rekha Sihag 2025.03.25 14:07 I attest to the accuracy and integrity of this document Chandigarh