KEWAL KRISHAN AND ANOTHER v. STATE OF HARYANA AND OTHERS
CR/9588/2025 · 2026-01-22
Harkesh Manuja
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3171 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3171 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KEWAL KRISHAN AND ANOTHER
STATE OF HARYANA AND OTHERS
CORAM: HON'BLE MR. JUSTICE
Present: Mr. Umesh Gupta, Advocate and Mr. Anuj Gupta,
Ms. Komal Sharma, DAG, Haryana. HARKESH MANUJA
By way of present revision petition filed under Article 227 of Constitution of India, challenge has been laid to an order dated 13.08.2025 (Annexure P Sirsa vide which the execution been dismissed without taking into consideration the full amount tendered and for award. Briefly, the facts are that in pursuance of Haryana Govt. Notification under Sectio ‘the Act’) issued on 17.02.1990, land measuring 30 kanals and 13 marlas belonging to the award passed by Land Acquisition Collector, Section 18 of the Act was filed and enhanced the amount of compensation to Rs.3,80,000/ with other statutory benefits. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:
KEWAL KRISHAN AND ANOTHER
Versus STATE OF HARYANA AND OTHERS
HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Umesh Gupta, Advocate and Mr. Anuj Gupta, Advocate for the
Ms. Komal Sharma, DAG, Haryana. **** HARKESH MANUJA, J. (ORAL)
By way of present revision petition filed under Article 227 of Constitution of India, challenge has been laid to an order dated 13.08.2025 (Annexure P-10) passed by the learned Addl. District Judge, vide which the execution application been dismissed without taking into consideration the full amount tendered and for issuing further direction for execution of complete Briefly, the facts are that in pursuance of Haryana Govt. Notification under Section 4 of the Land Acquisition Act, 1894 (for short ‘the Act’) issued on 17.02.1990, land measuring 30 kanals and 13 marlas belonging to the petitioners-landowners was acquired. Aggrieved of the award passed by Land Acquisition Collector, Section 18 of the Act was filed and the learned Reference Court, Sirsa enhanced the amount of compensation to Rs.3,80,000/ with other statutory benefits. CR-9588-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-9588-2025 Date of Decision: January 22, 2026
......Petitioners
......Respondents HARKESH MANUJA Mr. Umesh Gupta, Advocate and Advocate for the petitioners. Ms. Komal Sharma, DAG, Haryana. By way of present revision petition filed under Article 227 of Constitution of India, challenge has been laid to an order dated passed by the learned Addl.
District Judge, filed by the petitioners has been dismissed without taking into consideration the full amount direction for execution of complete Briefly, the facts are that in pursuance of Haryana Govt. n 4 of the Land Acquisition Act, 1894 (for short ‘the Act’) issued on 17.02.1990, land measuring 30 kanals and 13 marlas was acquired. Aggrieved of the award passed by Land Acquisition Collector, a reference petition under learned Reference Court, Sirsa enhanced the amount of compensation to Rs.3,80,000/- per acre along
2025 January 22, 2026
By way of present revision petition filed under Article 227 of Constitution of India, challenge has been laid to an order dated passed by the learned Addl. District Judge, has been dismissed without taking into consideration the full amount direction for execution of complete Briefly, the facts are that in pursuance of Haryana Govt. n 4 of the Land Acquisition Act, 1894 (for short ‘the Act’) issued on 17.02.1990, land measuring 30 kanals and 13 marlas was acquired. Aggrieved of the under learned Reference Court, Sirsa per acre along TEJWINDER SINGH 2026.01.23 18:18 I agree to specified portions of this document
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CR-9588-2025
3. Still aggrieved, the petitioner approached this Court having preferred RFA No.339 of 2000, which was decided on 20.01.2011, further enhancing the market value from Rs.3,80,000/- to Rs.4,06,320/- per acre besides other statutory benefits. 4. On the basis of aforesaid determination, the petitioners- landowners filed execution applications which were disposed of vide impugned order dated 13.08.2025. 5. The main grouse raised on behalf of the petitioners- landowners is that the execution application has been disposed of without even referring to the calculation sheet provided by them, based on the determination made by this Court. It has, thus, been submitted that the impugned order is liable to be set aside. 6. Notice of motion. 7. Ms.
Komal Sharma, DAG, Haryana accepts notice on behalf of respondents-State and submits that the petitioners-landowners have already been release the entire amount of compensation as assessed upto this Court, and therefore, the impugned order calls for no interference. 8. I have heard learned counsel for the parties and gone through the paper-book. 9. A perusal of the impugned order dated 13.08.2025 passed by the learned Executing Court shows that no reference, at all, has been made therein to the calculations provided by the decree-holders, i.e. petitioners–landowners. Since the execution application relates to release of the amount of compensation, therefore, the learned Executing Court while disposing of the application, was required to at least consider and record the details of the amount claimed by the decree-holders- TEJWINDER SINGH 2026.01.23 18:18 I agree to specified portions of this document
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landowners by comparing the same with the calculations provided by the other side i.e. respondents. 10. In such circumstances, the impugned order dated 13.08.2025 passed by the learned Executing Court is unsustainable in the eyes of law being non-speaking/unreasoned. 11. Consequently, the impugned order dated 13.08.2025 is hereby set aside. The matter is remanded back to the learned Executing Court with a request to decide the matter afresh after taking into account the calculations provided by the petitioners-landowners, in accordance with law. 12. The present revision petition stands disposed of accordingly. 13. Pending application(s), if any, shall also stand disposed of. 22.01.2026
(HARKESH MANUJA) Tejwinder
JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No
TEJWINDER SINGH 2026.01.23 18:18 I agree to specified portions of this document