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2025 DAILYLAW 2289 (PNJ)

JAGGAN NATH AND OTHERS v. STATE OF HARYANA AND OTHERS

RFA/281/2025 · 2026-03-20

Harkesh Manuja

body2025

Judgment text

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204-Urgent IN TH Jaggan Na State of Ha CORAM: Present: HARKESH CM-646-CI the applica in filing the Haryana, a vehemently gone throu IN THE HIGH COURT OF PUNJA AT CHANDIGAR RFA N Date o an Nath and others Versus of Haryana and others AM: HON'BLE MR. JUSTICE HA Mr. Sushil K. Sharma, Advoc Ms. Aditi Sharma, Advocate for the appellants-landowner **** KESH MANUJA, J. (ORAL) CI-2025 Prayer in the present applica pplicants-appellants is for condona g the appeal. Notice of the application qua Mr. Abhinash Jain, Dep ana, appears on behalf of the mently opposes the prayer made I have heard learned coun through the contents of the applica UNJAB AND HARYANA IGARH FA No. 281 of 2025 (O&M) ate of Decision: 20.03.2026 ...Appellants ...Respondents E HARKESH MANUJA Advocate with ocate owners. application moved on behalf of ndonation of delay of 144 days qua the official respondents. Deputy Advocate General, the official respondents and ade in the application. counsel for the parties and pplication. DINESH KUMAR 2026.03.25 10:32 I attest to the accuracy and integrity of this document          -2-        Concededly, the appeals filed by the Municipal Corporation, Panchkula as well as similarly situated landowners pertaining to the same acquisition proceedings with regard to revenue estate of Village-Saketri, Tehsil & District Panchkula, have already been remitted to the Reference Court for deciding the matter afresh, in view of judgment dated 15.05.2025 passed by this Court in a batch of 163 appeals, leading case of which was RFA No. 1075 of 2024, titled “Hardev Singh and others Versus State of Haryana and another”. Based thereupon, applying the principle of parity, besides awarding just and fair compensation and relying upon the decision of Hon’ble Supreme Court in case of “Ningappa Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Officer and Another”, 2020 (19) SCC 599 as well as in view of the contents of application, the prayer is allowed and delay in filing the appeal, as mentioned above, is hereby condoned. CM-647-CI-2025 Application for bringing on record the legal representatives of appellant No. 2-Dharam Pal, who died on 23.08.2020, is allowed subject to all just exceptions. The persons mentioned in para-2 of the application are ordered to be brought on record as legal representatives of the aforesaid appellant to pursue the appeal. DINESH KUMAR 2026.03.25 10:32 I attest to the accuracy and integrity of this document          -3-        CM-648-CI-2025 Application for bringing on record the legal representatives of appellant No. 6(i)-Ram Rattan, who died on 23.07.2019, is allowed subject to all just exceptions. The persons mentioned in para-2 of the application are ordered to be brought on record as legal representatives of the aforesaid appellant to pursue the appeal. MAIN APPEAL Present appeal has been preferred under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”), to modify the award dated 24.07.2024 passed by learned Additional District Judge, Panchkula (hereinafter to be referred as “Reference Court”) seeking enhancement of compensation amount. [2] Briefly stating, in pursuance of Haryana Govt. Notification under Section 4 of the Act issued on 02.06.2006, followed by Notification dated 20.02.2007 under Section 6 thereof, the land measuring 18.14 acres, including the land of appellants, situated in the revenue estate of Village-Saketri, Tehsil & District Panchkula, was acquired. The public purpose for acquisition of the land was stated to be for “Development and Utilization of the residential and commercial area in Sector-2, Mansa Devi Complex, Panchkula”. The Land Acquisition Collector, Urban Estate, Panchkula (for short “LAC”), vide DINESH KUMAR 2026.03.25 10:32 I attest to the accuracy and integrity of this document          -4-        Award No. 24, dated 02.04.2007, assessed the market value of acquired land @ Rs. 20,00,000/- per acre alongwith other statutory benefits. [3] Dissatisfied with the aforesaid Award, landowners / interested persons filed objections under Section 18 of the Act, which were decided vide award dated 24.07.2024 by the Reference Court, whereby the market value of the acquired land was enhanced / assessed @ Rs. 1,675/- per square yard (Rs. 81,07,000/- per acre), besides granting statutory benefits. Aggrieved thereof, the present appeal has been preferred on behalf of the appellant(s)-landowner(s). [4] At the outset, learned State Counsel relies upon decision dated 15.05.2025 passed by this Court in RFA No. 1075 of 2024, titled “Hardev Singh and others Versus State of Haryana and another”, to contend that the impugned award passed by the Reference Court has been set aside and the matter has been remanded back to the Reference Court for fresh adjudication, which fact could not be disputed by the learned counsel representing the appellants-landowners. [5] In view of the aforementioned un-controverted position, relying upon the order dated 15.05.2025 passed in case of Hardev Singh and others (supra), the impugned award dated 24.07.2024 passed by the Reference Court is set aside DINESH KUMAR 2026.03.25 10:32 I attest to the accuracy and integrity of this document          -5-        and the matter is remanded back to the Reference Court for fresh adjudication. [6] Disposed off, accordingly. [7] The parties through their counsels are directed to appear before the Reference Court on 27.04.2026. [8] Pending application(s), if any, shall also stand(s) disposed off.  March 20, 2026 ( HARKESH MANUJA ) ‘dk kamra’ JUDGE            DINESH KUMAR 2026.03.25 10:32 I attest to the accuracy and integrity of this document