RFA No.862 OF 2023 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA 327 ISHAWAR SINGH (DECEASED) THROUGH HIS LRS AND ANR. Vs STATE OF HARYANA AND ANR. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ Present: Mr. for the Mr. Abhinash Jain, D.A.G., Haryana. HARKESH MANUJA, J. (Oral) CM No.2628-CI of 2023 This is an application for condoning the delay of the appeal. Though notice of the application was accepted by learned State counsel on behalf of the respondents/State on 31.07.2023, however despite availing numerous opportunities du application. As per the averments made in the application, Ishwar Singh and Nasib Kaur (appellants), the applicants could not file the appeal for to know about immediately contacted similarly situated land owners pertaining to already been held entitled for the RFA No.862 OF 2023 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.862 of 2023 (O&M) Date of Decision: ISHAWAR SINGH (DECEASED) THROUGH HIS LRS AND ANR. STATE OF HARYANA AND ANR. HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Ramesh Kumar Dhiman, Advocate for the appellants. Mr. Abhinash Jain, D.A.G., Haryana. **** HARKESH MANUJA, J. (Oral) CI of 2023 This is an application for condoning the delay of Though notice of the application was accepted by learned State counsel on behalf of the respondents/State on 31.07.2023, however despite availing numerous opportunities during the last two years, no reply has been filed to the As per the averments made in the application, Ishwar Singh and Nasib Kaur (appellants), the applicants the appeal for enhancement of compensation about the enhancement by this immediately contacted their counsel for filing the appeal. similarly situated land owners pertaining to the same already been held entitled for the enhanced amount of compensation pertaining to IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.862 of 2023 (O&M) Date of Decision: 31.07.2025 ISHAWAR SINGH (DECEASED) THROUGH HIS LRS AND ANR. ......Appellants ....Respondents HON'BLE MR. JUSTICE HARKESH MANUJA , Advocate Mr. Abhinash Jain, D.A.G., Haryana. This is an application for condoning the delay of 2984 days in filing Though notice of the application was accepted by learned State counsel on behalf of the respondents/State on 31.07.2023, however despite availing ring the last two years, no reply has been filed to the As per the averments made in the application, due to the death of the Ishwar Singh and Nasib Kaur (appellants), the applicants-legal representatives cement of compensation. However, on coming Court, the applicants-appellant counsel for filing the appeal. Nonetheless, the other the same acquisition proceedings have enhanced amount of compensation pertaining to 1 days in filing Though notice of the application was accepted by learned State counsel on behalf of the respondents/State on 31.07.2023, however despite availing ring the last two years, no reply has been filed to the due to the death of the legal representatives However, on coming appellants Nonetheless, the other acquisition proceedings have enhanced amount of compensation pertaining to MOHMED ATIK 2025.08.05 11:10 I attest to the accuracy and authenticity of this order/judgment RFA No.862 OF 2023 (O&M) village Saketri, Tehsil and District Panchkula Based thereupon, besides, applying the principle of parity, the lan owner/applicant compensation, however, without any payment of interest for the to approach this Court after the decision in the reliance can be placed upon the decision of Hon’ble Ningappa Thotappa Angadi (Dead) through LRs Vs. Special Land Acquisition Officer and Another, 2020 (19) SCC 599 hereinabove, the application is is hereby condoned. Main appeal 1. Learned counsel for the parties are ad squarely covered by the decision rendered by this Court and other connected Society Ltd.-II Versus State of Haryana and others wherein also the land situated in the same revenue estates i.e. Village Tehsil and District Panchkula and 15.03.2000, issued respectively, and decision dated 25.05.2020 passed in RFA No.181 (ii) @ Rs.494/ statutory on the other side of Kishangarh of Rs.26,77,875/ benefits by only allowing the RFA No.862 OF 2023 (O&M) , Tehsil and District Panchkula Based thereupon, besides, applying the principle of parity, the lan owner/applicants being similarly situated, is entitled for grant of similar compensation, however, without any payment of interest for the to approach this Court after the decision in the reliance can be placed upon the decision of Hon’ble Ningappa Thotappa Angadi (Dead) through LRs Vs. Special Land Acquisition Officer and Another, 2020 (19) SCC 599. hereinabove, the application is allowed and delay of is hereby condoned. Learned counsel for the parties are ad squarely covered by the decision rendered by this Court and other connected cases titled as “The Akash Cooperative Group Housing II Versus State of Haryana and others the land situated in the same revenue estates i.e. Village Tehsil and District Panchkula was acquired vide notifications dated , issued under Sections 4 and 6 of the Land Acquisition Act, 1894 respectively, and for the same purpose. Relevant extract from decision dated 25.05.2020 passed in RFA No.181 (ii) For the notification dated 16.03.1999, the @ Rs.494/- per sq.yard (Rs.23,96,960/ statutory benefits. However, for the land of Bhainsa Tibba on the other side of the railway line, Kishangarh of Chandigarh, the market value is fixed @ Rs.26,77,875/- per acre (Rs.553/- per sq.yard) along benefits by only allowing the appeals of the concerned set of vide judgment dated 27.05.2020 Based thereupon, besides, applying the principle of parity, the lan being similarly situated, is entitled for grant of similar amount of compensation, however, without any payment of interest for the period they failed to approach this Court after the decision in the Reference Court. In this regard reliance can be placed upon the decision of Hon’ble Supreme Court in case of Ningappa Thotappa Angadi (Dead) through LRs Vs. Special Land Acquisition In view of the discussion made owed and delay of 2984 days in filing the appeal Learned counsel for the parties are ad idem that the matter in issue squarely covered by the decision rendered by this Court in RFA No.1817 of 2019 The Akash Cooperative Group Housing II Versus State of Haryana and others” decided on 27.05.2020 the land situated in the same revenue estates i.e. Village Saketri was acquired vide notifications dated 16.03.199 under Sections 4 and 6 of the Land Acquisition Act, 1894 Relevant extract from Para No.123 of the decision dated 25.05.2020 passed in RFA No.1817 of 2019 reads as under:- For the notification dated 16.03.1999, the market value is fixed (Rs.23,96,960/- per acre) along with all benefits. However, for the land of Bhainsa Tibba which falls the railway line, towards Mani Majra and Village Chandigarh, the market value is fixed @ per sq.yard) along with all statutory appeals of the concerned set of 2 27.05.2020. Based thereupon, besides, applying the principle of parity, the land amount of failed Court. In this regard Supreme Court in case of Ningappa Thotappa Angadi (Dead) through LRs Vs. Special Land Acquisition In view of the discussion made days in filing the appeal that the matter in issue is RFA No.1817 of 2019 The Akash Cooperative Group Housing 27.05.2020, Saketri, 16.03.1999 under Sections 4 and 6 of the Land Acquisition Act, 1894 of the market value is fixed per acre) along with all which falls towards Mani Majra and Village Chandigarh, the market value is fixed @ with all statutory appeals of the concerned set of MOHMED ATIK 2025.08.05 11:10 I attest to the accuracy and authenticity of this order/judgment RFA No.862 OF 2023 (O&M) landowners. The allowed and those of the other landowners are 2. The aforementioned order dated 27.05.2020 was later modified by this Court vide its order dated 10.08.2020. The operative part of thereof is extr hereunder:- “123(ii). fixed @ statutory benefits. However, for the land of Bhainsa Tibba which falls on the other side of the ra Kishangarh of Chanidgarh, the market value is fixed @ acre (Rs.558/ allowing the appeals of the concerned set of landowners. The appeals f by the State are accordingly, partly allowed and those of the other landowners are dismissed.” 3. Accordingly, the present appeal is disposed of in terms of the said decision and the appellant Rs.24,10,320/- per acre interest available under the amended provisions of Land Acquisition Act, 1 However, the appellant compensation for the period of delay in filing the appeal i.e. 4. CM Nos.2873 application(s), if any, July 31, 2025 Atik Whether speaking/reasoned Whether reportable RFA No.862 OF 2023 (O&M) landowners. The appeals filed by the State are accordingly, partly allowed and those of the other landowners are The aforementioned order dated 27.05.2020 was later modified by this Court vide its order dated 10.08.2020. The operative part of thereof is extr “123(ii). For the notification dated 16.03.1999, the market value is fixed @ Rs.498/- per sq. yard (Rs.24,10,324/ statutory benefits. However, for the land of Bhainsa Tibba which falls on the other side of the railway line, towards Manimajra and Village Kishangarh of Chanidgarh, the market value is fixed @ acre (Rs.558/- per sq. yard) along with all statutory benefits by only allowing the appeals of the concerned set of landowners. The appeals f by the State are accordingly, partly allowed and those of the other landowners are dismissed.” Accordingly, the present appeal is disposed of in terms of the said decision and the appellants are held entitled for similar market value @ per acre (Rs.498/- per sq. yard) along with all statutory benefits and available under the amended provisions of Land Acquisition Act, 1 However, the appellants shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal i.e. CM Nos.2873-CI and 2874-CI of 2024 along with other p application(s), if any, are accordingly disposed of. (HARKESH MANUJA) Whether speaking/reasoned Yes/No Whether reportable Yes/No eals filed by the State are accordingly, partly allowed and those of the other landowners are dismissed.” The aforementioned order dated 27.05.2020 was later modified by this Court vide its order dated 10.08.2020. The operative part of thereof is extracted For the notification dated 16.03.1999, the market value is per sq. yard (Rs.24,10,324/- per acre) along with all statutory benefits. However, for the land of Bhainsa Tibba which falls on ilway line, towards Manimajra and Village Kishangarh of Chanidgarh, the market value is fixed @ Rs.26,99,558/- along with all statutory benefits by only allowing the appeals of the concerned set of landowners. The appeals filed by the State are accordingly, partly allowed and those of the other Accordingly, the present appeal is disposed of in terms of the said held entitled for similar market value @ along with all statutory benefits and available under the amended provisions of Land Acquisition Act, 189 shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal i.e. 2984 days. CI of 2024 along with other pending disposed of. (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 eals filed by the State are accordingly, partly The aforementioned order dated 27.05.2020 was later modified by this acted For the notification dated 16.03.1999, the market value is ) along with all statutory benefits. However, for the land of Bhainsa Tibba which falls on ilway line, towards Manimajra and Village per along with all statutory benefits by only allowing the appeals of the concerned set of landowners. The appeals filed by the State are accordingly, partly allowed and those of the other Accordingly, the present appeal is disposed of in terms of the said held entitled for similar market value @ along with all statutory benefits and 894. shall not be entitled to interest on the enhanced ending MOHMED ATIK 2025.08.05 11:10 I attest to the accuracy and authenticity of this order/judgment