1 RFA-992-2019(O&M) and other connected cases 310 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-992-2019(O&M) and other connected cases Date of decision: 11.03.2025 Principal Secretary, Govt. of Punjab, Rural Development and Panchayat Department, Mohali ..Appellant Versus Harsimranpal Singh and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Dr. D.S.Lamba, DAG, Punjab Mr. Vipin Mahajan, Advocate for the landowners ANIL KSHETARPAL, J. (Oral) Applications for condonation:- 1. For the reasons stated in the applications, delay in filing the appeals stand condoned. 2. CMs stand allowed. Main cases 1. Brief facts:- 1.1 A batch of 100 connected Regular First Appeals (details whereof are given at the foot of the judgment) shall stand disposed of by this common order with the consent of learned counsel representing the parties. 1.2 In fact, the landowners and State of Punjab have filed cross appeals against the market value of the acquired land assessed by the Reference Court (hereinafter referred to as ‘RC’). The landowners claim that the proper market value of the acquired land has not been assessed by Rekha Sihag 2025.04.09 16:53 I attest to the accuracy and integrity of this document Chandigarh 2 RFA-992-2019(O&M) and other connected cases the RC and it needs enhancement whereas the State claims that the amount awarded by the RC is excessive. 1.3 The crucial date for assessing the market value of the acquired land is 25.06.2010, the date when notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘1894 Act’) was published. A narrow strip of land located on both the sides of the road was acquired for beautification and widening the approach road to Baba Bakala Sahib, a religious place. Vide award no.1 dated 05.05.2011 the shop keepers were given compensation at the rate of Rs.2920/- per square feet. On applications filed under Section 18 of the 1894 Act, the references were forwarded to the court. The landowners claim that their shops and houses have been acquired and the market value of the acquired property was not less than Rs.6,000/- per square feet. The defendants opposed the prayer. 2. Evidences adduced:- 2.1 In order to prove their case, the landowners examined the following witnesses:- AW1 Gulzar Singh AW2 Kawaljit Singh AW3 Gurmit Singh AW4 Kirpal Singh AW5 Iqbal Singh AW6 Surinder Singh AW7 Harsimran Pal Singh AW8 Pritam Singh AW9 Balkar Singh AW10 Ajit Singh AW11 Baldev Singh AW12 Mukhtar Singh AW13 Sukhjit Singh AW14 Gurdial Singh Rekha Sihag 2025.04.09 16:53 I attest to the accuracy and integrity of this document Chandigarh 3 RFA-992-2019(O&M) and other connected cases AW15 Didar Singh AW16 Dhian Chand, Registration Clerk, Sub Registrar, Baba Bakala AW17 Jagdish Mitter, Deed Writer AW18 Varinder Singh 2.2 The State examined Manjit, Tehsildar, Baba Bakala who tendered his affidavit as RW1/A alongwith documents. 3. Reasons recorded by the RC 3.1 The RC assessed the market value at the rate of Rs.4,031/- per square feet instead of Rs.2920/- per square feet on the basis of sale deed dated 24.01.2008. The court held that on basic value as reflected in the sale deed, the landowners shall be entitled to 12% per year increase. 4. Analysis and Discussion:- 4.1 On 10.03.2025, the following order was passed:- “Learned counsel representing the parties have been heard at some length. The landowners rely upon agreement to sell dated 29.09.2008 with respect to shops no.86 to 91 measuring 237 sq. feet for a sale consideration of Rs.8,70,000/-. Learned counsel representing the appellants submits that subsequently in order to save the stamp duty, the sale deed was registered by reflecting the price of Rs.2,50,000/-. Subsequently, after investigation, the Sub Divisional Magistrate sent a report to the Collector, recommended recovery of deficient stamp duty from the vendees on the amount of Rs.6,20,000/-. He submits that this sale deed has been wrongly ignored by the Reference Court. He has also produced a layout plan showing the location of the acquired land and location of agreement to sell with respect to shop no.86 to 91. Learned State counsel is requested to call the revenue official and verify the location of the shop which was agreed to be sold vide agreement to sell dated 29.09.2008. List on 11.03.2025. Rekha Sihag 2025.04.09 16:53 I attest to the accuracy and integrity of this document Chandigarh 4 RFA-992-2019(O&M) and other connected cases A photocopy of this order be placed on the files of the other connected cases.” 4.2 In compliance with the order, Sh.Jog Raj Singh, Patwari, Baba Bakala alongwith the State counsel is present in the Court today. He admits that the aforesaid agreement to sell dated 29.09.2008, is with respect to shops no.86 to 91 measuring 225 sq.feet, which was also acquired. He states that on both sides of the road, there was a market, 11 feet narrow strip of land from both sides of the road was acquired. He also admits that there was a report of the Sub Divisional Magistrate recommending the recovery of stamp duty from the vendees on the amount of Rs.6,20,000/-. 4.2 Learned counsel representing the State submits that the landowners did not press this aspect before the RC. He submits that the court should not allow the landowners to press this issue for the first time. 4.3 The existence of shops on both sides of the road leading to the Gurdwara is not in dispute. The acquisition of the aforesaid shops and residential area in order to widen the road is also not disputed. The report of the Sub Divisional Magistrate alongwith the copy of the agreement to sell is already a part of the record. The correctness of the same has been admitted by the revenue official before this Court, who was summoned. While assessing the market value of the acquired land, the court is required to take a holistic view of the matter keeping in view the interest of the landowners, who stand deprived of their property on account of acquisition by the State. They have to be adequately compensated. Once it is established that the market value of the property as on 29.09.2008, was at the rate of Rs. 3663/- per square feet (8,70,000/237.5 = 3663) then it will not be appropriate for Rekha Sihag 2025.04.09 16:53 I attest to the accuracy and integrity of this document Chandigarh 5 RFA-992-2019(O&M) and other connected cases the Court to exclude the aforesaid evidence from consideration. This Court is hearing the first appeal which is the Court of fact and law both. The First Appellate Court is required to re-appreciate the evidence. 5. Decision:- 5.1 Keeping in view the aforesaid facts and discussion, the base price of the acquired land is assessed at Rs.3663/- per sq. feet. There is a gap of 21 months between the date of notification under Section 4 of the ‘1894 Act’ and the agreement to sell dated 29.09.2008. The appellants shall be entitled to increase at the rate of 10% per annum on the base value of Rs.3663/-. Hence, the market value is assessed at Rs.4332/- per sq. feet. No other submission was made. Hence, the appeals filed by the landowners shall stand allowed whereas that of the State shall stand dismissed. 5.2 All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) 11.03.2025 JUDGE rekha Whether speaking/reasoned Yes/No Whether reportable Yes/No Sr. No. Case No. Appellant(s) Respondent(s) 1. RFA-992-2019 PRINCIPAL SECRETARY, GOVT. OF PUNJAB, RURAL DEVELOPMENT AND PANCHAYAT DEPARTMENT, MOHALI HARSIMRANPAL SINGH AND OTHERS 2. RFA-2107-2019 PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB BHAJAN KAUR AND ORS 3. RFA-2106-2019 PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB DARSHAN SINGH AND ORS 4. RFA-2105-2019 PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB TARSEM SINGH AND ORS 5. RFA-2104-2019 PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB DARSHAN SINGH AND OTHERS 6. RFA-2103-2019 PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB KAWALJIT SINGH AND OTHERS Rekha Sihag 2025.04.09 16:53 I attest to the accuracy and integrity of this document Chandigarh 6 RFA-992-2019(O&M) and other connected cases 7. RFA-2102-2019 PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB HARJINDER SINGH AND ORS 8. RFA-2101-2019 PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB NARINDER KAUR AND ORS 9. RFA-2100-2019 PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB CHARANJIT SINGH AND ORS 10. RFA-2108-2019 PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB IQBAL SINGH AND ORS 11. RFA-1906-2019 PRINCIPAL SECRETARY, GOVERNMENT OF PUNJAB PRITAM SINGH AND OTHERS 12. RFA-1905-2019 PRINCIPAL SECRETARY, GOVERNMENT OF PUNJAB AJIT SINGH AND OTHERS 13. RFA-1904-2019 PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB SATWINDER SINGH AND ORS 14. RFA-1903-2019 PRINCIPAL SECRETARY, GOVERNMENT OF PUNJAB GAGANDEEP SINGH AND OTHERS 15. RFA-1902-2019 PRINCIPAL SECRETARY, GOVT OF PUNJAB PRITAM SINGH AND ORS 16. RFA-1901-2019 PRINCIPAL SECRETARY, GOVT OF PUNJAB SURJIT SINGH AND ORS 17. RFA-1914-2019 PRINCIPAL SECRETARY, GOVERNMENT OF PUNJAB DIDAR SINGH ALIAS DARA AND OTHERS 18. RFA-1908-2019 PRINCIPAL SECRETARY, GOVERNMENT OF PUNJAB GULZAR SINGH AND OTHERS 19. RFA-1907-2019 PRINCIPAL SECRETARY, GOVT OF PUNJAB AMARJIT SINGH AND ORS 20. RFA-2065-2019 PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB AMRIK SINGH AND ORS 21. RFA-4333-2016 JAGTAR SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 22. RFA-4332-2016 SURINDER KUMAR THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 23. RFA-4331-2016 BALJIT KAUR THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 24. RFA-4330-2016 GULZAR SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 25. RFA-4329-2016 BALJINDER KAUR THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 26. RFA-4328-2016 SURJIT SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 27. RFA-4327-2016 PAL JEET THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 28. RFA-4326-2016 RAKESH KUMAR THE PRINCIPLE Rekha Sihag 2025.04.09 16:53 I attest to the accuracy and integrity of this document Chandigarh 7 RFA-992-2019(O&M) and other connected cases SECRETARY GOVT OF PUNJAB & ORS 29. RFA-4315-2016 KIRPAL SINGH PRINCIPAL SECY, GOVT. OF PUNJAB & ORS. 30. RFA-1323-2017 AJIT SINGH PRINCIPAL SECY, GOVT. OF PUNJAB & ORS. 31. RFA-4341-2016 HARJINDER SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 32. RFA-4340-2016 RANDIP KAUR THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 33. RFA-4339-2016 NARINDER KAUR THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 34. RFA-4338-2016 CHARANJIT SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 35. RFA-4337-2016 NIRANJAN SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 36. RFA-4336-2016 NARESH KUMAR THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 37. RFA-4335-2016 SANTOSH KAUR THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 38. RFA-4334-2016 BALKAR SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 39. RFA-4348-2016 PRITAM SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 40. RFA-4347-2016 AJIT SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 41. RFA-4346-2016 SWARAN SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 42. RFA-4345-2016 JASWANT SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 43. RFA-4344-2016 AMARJIT SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 44. RFA-4343-2016 TARSEM SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 45. RFA-4342-2016 TEJINDER SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 46. RFA-4920-2016 GURMEJ SINGH SINCE DECEASED THE PRINCIPLE Rekha Sihag 2025.04.09 16:53 I attest to the accuracy and integrity of this document Chandigarh 8 RFA-992-2019(O&M) and other connected cases THROUGH LRS SECRETARY GOVT OF PUNJAB & ORS 47. RFA-4919-2016 DARSHAN SINGH SINCE DECEASED THROUGH LRS THE PRINCIPAL SECRETARY GOVT OF PUNJAB & ORS 48. RFA-4918-2016 DARSHAN SINGH SINCE DECEASED THROUGH LRS THE PRINCIPAL SECRETARY GOVT OF PUNJAB & ORS 49. RFA-4917-2016 GURMEET SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 50. RFA-4426-2016 NAZAR SINGH SINCE DECEASED THROUGH LRS THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 51. RFA-4425-2016 NAZAR SINGH SINCE DECEASED THROUGH LRS THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 52. RFA-4928-2016 KULDEEP SINGH THE PRINCIPAL SECRETARY GOVT OF PUNJAB & ORS 53. RFA-4927-2016 AMRIT KAUR THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 54. RFA-4926-2016 SATWINDER SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 55. RFA-4925-2016 BHAJAN KAUR THE PRINCIPAL SECRETARY GOVT OF PUNJAB & ORS 56. RFA-4924-2016 PRITAM SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 57. RFA-4923-2016 PRITAM SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 58. RFA-4922-2016 MANJIT SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 59. RFA-4921-2016 AMRIK SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 60. RFA-4936-2016 HARSIMRANPAL SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 61. RFA-4935-2016 GAGANDEEP SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 62. RFA-4934-2016 KAWALJIT SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 63. RFA-4933-2016 DIDAR SINGH @ DARA SINGH THE PRINCIPAL SECRETARY GOVT OF PUNJAB & ORS 64. RFA-4932-2016 AMRIK SINGH THE PRINCIPLE Rekha Sihag 2025.04.09 16:53 I attest to the accuracy and integrity of this document Chandigarh 9 RFA-992-2019(O&M) and other connected cases SECRETARY GOVT OF PUNJAB & ORS 65. RFA-4931-2016 SUKHJIT SINGH @ GULU THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 66. RFA-4930-2016 JALWANT SINGH THE PRINCIPAL SECRETARY GOVT OF PUNJAB & ORS 67. RFA-4929-2016 IQBAL SINGH THE PRINCIPAL SECRETARY GOVT OF PUNJAB & ORS 68. RFA-4937-2016 NIRANJAN SINGH THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 69. RFA-4938-2016 RAJWANT KAUR THE PRINCIPLE SECRETARY GOVT OF PUNJAB & ORS 70. RFA-993-2019 PRINCIPAL SECRETARY, GOVT. OF PUNJAB, RURAL DEVELOPMENT AND PANCHAYAT DEPARTMENT RAJWANT KAUR AND ORS 71. RFA-1889-2019 PRINCIPAL SECRETARY, GOVT OF PUNJAB PRITAM SINGH AND ORS 72. RFA-1890-2019 PRINCIPAL SECRETARY, GOVT OF PUNJAB AJIT SINGH AND ORS 73. RFA-1891-2019 PRINCIPAL SECRETARY, GOVT OF PUNJAB KULDEEP SINGH AND ORS 74. RFA-1888-2019 PRINCIPAL SECRETARY, GOVENRMENT OF PUNJAB AMRIT KAUR AND ORS 75. RFA-1887-2019 PRINCIPAL SECRETARY, GOVERNMENT OF PUNJAB NIRANJAN SINGH AND ORS 76. RFA-1886-2019 PRINCIPAL SECRETARY, GOVT OF INDIA NARESH KUMAR AND ORS 77. RFA-1885-2019 PRINCIPAL SECRETARY, GOVT OF INDIA SANTOSH KAUR AND ORS 78. RFA-1884-2019 PRINCIPAL SECRETARY, GOVT OF PUNJAB GURMEJ SINGH AND ORS 79. RFA-1883-2019 PRINCIPAL SECRETARY, GOVT OF PUNJAB NIRANJAN SINGH AND ORS 80. 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RFA-4939-2016 KARAMJIT SINGH PRINCIPAL SECRETARY GOVERNMENT OF PUNJAB AND ORS (ANIL KSHETARPAL) 11.03.2025 JUDGE rekha Rekha Sihag 2025.04.09 16:53 I attest to the accuracy and integrity of this document Chandigarh