RFA-2234 101 (7 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA 1. State of Haryana Siri Pal 2. State of Haryana Jawahar Lal 3. State of Haryana Jagdish and others 4. State of Haryana Leelu and another 5. State of Haryana Jabbar Singh 6. State of Haryana Risal Singh 7. State of Haryana Bagga and anr. 2234-2000 (O&M) & 6 others [ 101 (7 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** Date of Decision: RFA No. State of Haryana Versus RFA No. 2235 State of Haryana Versus har Lal RFA No. State of Haryana Versus Jagdish and others RFA No. State of Haryana Versus Leelu and another RFA No. State of Haryana Versus Jabbar Singh @ Jawar Singh RFA No. State of Haryana Versus Risal Singh (Deceased) through LRs. RFA No. State of Haryana Versus Bagga and anr. [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 06.08.2025 RFA No. 2234 of 2000 (O&M) …….Appellant Versus ..….Respondent RFA No. 2235 of 2000 (O&M) …….Appellant Versus .….Respondents RFA No. 2236 of 2000 (O&M) …….Appellant Versus .….Respondents RFA No. 2237 of 2000 (O&M) …….Appellant Versus ….Respondents RFA No. 2238 of 2000 (O&M) …….Appellant Versus ..….Respondent RFA No. 2239 of 2000 (O&M) …….Appellant Versus (Deceased) through LRs. ..….Respondent s RFA No. 2240 of 2000 (O&M) …….Appellant Versus ..….Respondent s SANJAY GUPTA 2025.08.13 19:33 I attest to the accuracy and integrity of this document RFA-2234 CORAM: Present: HARKESH MANUJA, J. (ORAL) appeals by way of a common order as identical facts are involved therein. For convenience, facts are being taken from RFA No. 2000. 2. laid to Additional District Judge, 3. are that the Government of Haryana vide notification dated 20.05.1985 published Acquisition Act (hereinafter to be referred as the 'Act'), notification 6 thereof, of village Dhankot and 3 Dhankot, Tehsil and District Gurgaon for the purpose of construction of link road from Gurgaon Farrukh Nagar Dhankot to village Kherki in Gurgaon 2234-2000 (O&M) & 6 others [ CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Abinash Jain, DAG, Haryana for the appellant in all cases Mr.Pavan Malik, Advocate for respondent(s)/landowner(s) (RFA --- HARKESH MANUJA, J. (ORAL) This order of mine shall dispose of all the above said appeals by way of a common order as identical facts are involved therein. For convenience, facts are being taken from RFA No. By way of filing the present appeal to the decision dated 14.01.2000 passed by the learne Additional District Judge, Gurgaon-cum Brief facts requiring consideration in the instant appeal are that the Government of Haryana vide notification dated 20.05.1985 published on 18.06.1985 under Section 4 of the Land Acquisition Act (hereinafter to be referred as the 'Act'), notification dated 18.09.1985 published on 27.09.1985 under Section thereof, acquired 2.71 acres of land ge Dhankot and 3.31 acres of land in Dhankot, Tehsil and District Gurgaon for the purpose of construction of link road from Gurgaon Farrukh Nagar Dhankot to village Kherki in Gurgaon district. The Land Acquisition Collector, Gurgaon [2] HARKESH MANUJA Mr. Abinash Jain, DAG, Haryana for the appellant in all cases. Mr.Pavan Malik, Advocate for respondent(s)/landowner(s) (RFA-2237-2000). This order of mine shall dispose of all the above said appeals by way of a common order as identical facts are involved therein. For convenience, facts are being taken from RFA No.2234 way of filing the present appeal(s) challenge has been 14.01.2000 passed by the learne cum-Reference Court. Brief facts requiring consideration in the instant appeal are that the Government of Haryana vide notification dated 18.06.1985 under Section 4 of the Land Acquisition Act (hereinafter to be referred as the 'Act'), followed by dated 18.09.1985 published on 27.09.1985 under Section acquired 2.71 acres of land situated in the revenue estate 31 acres of land in Village Kherki Majra Dhankot, Tehsil and District Gurgaon for the purpose of construction of link road from Gurgaon Farrukh Nagar Dhankot to village Kherki in istrict. The Land Acquisition Collector, Gurgaon (for short This order of mine shall dispose of all the above said appeals by way of a common order as identical facts are involved 2234- challenge has been 14.01.2000 passed by the learned Brief facts requiring consideration in the instant appeal(s) are that the Government of Haryana vide notification dated 18.06.1985 under Section 4 of the Land followed by dated 18.09.1985 published on 27.09.1985 under Section situated in the revenue estate illage Kherki Majra Dhankot, Tehsil and District Gurgaon for the purpose of construction of link road from Gurgaon Farrukh Nagar Dhankot to village Kherki in or short SANJAY GUPTA 2025.08.13 19:33 I attest to the accuracy and integrity of this document RFA-2234 ‘LAC’) vide two different awards dated 25.02.1986 Kherki Majra Dhankot, 4. respondents compensation on the grounds that the land value as it was very near to the abadi of suitable for establishments Sultanpur lake and further Farrukh Nagar was situated very close to the acquired land. The before the Reference Court was not less than Rs. 1,25,000 3,00,000/ having claimed compensation for tubewell, two water chambers, water course, pipe etc, and for improvement acquired land and the severance charges, alongwith all other statutory benefits. 5. material in the vicinity, the 14.01.2000 enhanced the compensation irrespective of the nature of land view of the provisions of Sec 23(1 2234-2000 (O&M) & 6 others [ vide two different awards bearing No.33 GBR and dated 25.02.1986 pertaining to land falling in Kherki Majra Dhankot, respectively, assessed market value Dissatisfied with the aforesaid award, respondents filed their respective references for enhancement of compensation on the grounds that the land value as it was very near to the abadi of suitable for construction of residential houses/commerc establishments; pucca mettled road Sultanpur lake and further Farrukh Nagar was situated very close to the acquired land. The landowners ( before the Reference Court that the market value of the was not less than Rs. 1,25,000- per acre for village Dhankot and Rs. 3,00,000/- per acre for village Kherki Majra, Dhankot claimed compensation for tubewell, two water chambers, water course, pipe etc, and for improvement acquired land and the severance charges, alongwith all other statutory benefits. After hearing the rival contentions and perusing the material available on record i.e. the sale deeds of other similar lands in the vicinity, the Reference Court, vide impugned award dated 14.01.2000 enhanced the compensation irrespective of the nature of land besides awarding view of the provisions of Sec 23(1-A) of the Act [3] bearing No.33 GBR and 34 GBR pertaining to land falling in Villages Dhankot and assessed market value. Dissatisfied with the aforesaid award, the landowners filed their respective references for enhancement of compensation on the grounds that the land was having great potential value as it was very near to the abadi of Village Dhankot and more of residential houses/commerc pucca mettled road leading from Gurgaon to Sultanpur lake and further Farrukh Nagar was situated very close to (respondents herein) contended the market value of the acquired land per acre for village Dhankot and Rs. per acre for village Kherki Majra, Dhankot, besides also claimed compensation for tubewell, two water chambers, water course, pipe etc, and for improvements, trees standing on the acquired land and the severance charges, alongwith all other After hearing the rival contentions and perusing the available on record i.e. the sale deeds of other similar lands Reference Court, vide impugned award dated 14.01.2000 enhanced the compensation @ Rs. 76770/- per acre besides awarding 12% per year A) of the Act along with solatium 34 GBR and the landowners- filed their respective references for enhancement of great potential and more of residential houses/commercial Gurgaon to Sultanpur lake and further Farrukh Nagar was situated very close to herein) contended acquired land per acre for village Dhankot and Rs. , besides also claimed compensation for tubewell, two water chambers, s, trees standing on the acquired land and the severance charges, alongwith all other After hearing the rival contentions and perusing the available on record i.e. the sale deeds of other similar lands Reference Court, vide impugned award dated per acre per year in solatium SANJAY GUPTA 2025.08.13 19:33 I attest to the accuracy and integrity of this document RFA-2234 @ 30% on the enh Amended Act of 1984 Hence, the present appeals. 6. 6. appellant submits that in the absence of any reliable evidence available on record with respect to appreciation of market value between 1982 to 1985, the Reference Court went wrong while awarding respondent(s)/ landowner(s) 19.05.1988 (Ex.P 30.06.1982 issued respondent(s)/ lan the award passed by Land Acquisition Collector, thus restored. 7. of the respondent(s)/ landowner(s) submits that vide award dated 19.05.1988 (Ex.P10), the Reference Court assessed market value pertaining to the same revenue estate of Village Dhankot in relation to notification dated 30.06.1982 issued under Section 4 of the Act land in question Gurgaon, appreciation awarded @ 12% per year between 30.06.1982 to 18.06.1985 i.e. the date of publication of notification under Section 4 of the Act appropriate and accordingly, calls for no interferenc 2234-2000 (O&M) & 6 others [ 30% on the enhanced compensation Amended Act of 1984 and also the interest and costs of proceedings. Hence, the present appeals. Impugning the aforesaid award, learned counsel for the appellant submits that in the absence of any reliable evidence available on record with respect to appreciation of market value between 1982 to 1985, the Reference Court went wrong while awarding the benefit of increase of 12% per year in favour of the respondent(s)/ landowner(s) over and above the 19.05.1988 (Ex.P-10) which was relating to the notification 30.06.1982 issued under Section 4 of the Act, and thus, respondent(s)/ landowner(s) being not entitled for any enhancement the award passed by Land Acquisition Collector, thus restored. On the other hand, learned counsel appearing on behalf of the respondent(s)/ landowner(s) submits that vide award dated .05.1988 (Ex.P10), the Reference Court assessed market value pertaining to the same revenue estate of Village Dhankot in relation to notification dated 30.06.1982 issued under Section 4 of the Act land in question forming part of an upcoming Satellite Gurgaon, appreciation awarded @ 12% per year between 30.06.1982 to 18.06.1985 i.e. the date of publication of notification under Section 4 of the Act relating to the successive acquisitions appropriate and accordingly, calls for no interferenc [4] anced compensation as provided under the interest and costs of proceedings. Impugning the aforesaid award, learned counsel for the appellant submits that in the absence of any reliable evidence been available on record with respect to appreciation of market value between 1982 to 1985, the Reference Court went wrong while the benefit of increase of 12% per year in favour of the over and above the award dated 10) which was relating to the notification dated under Section 4 of the Act, and thus, not entitled for any enhancement the award passed by Land Acquisition Collector, thus was liable to be On the other hand, learned counsel appearing on behalf of the respondent(s)/ landowner(s) submits that vide award dated .05.1988 (Ex.P10), the Reference Court assessed market value pertaining to the same revenue estate of Village Dhankot in relation to notification dated 30.06.1982 issued under Section 4 of the Act; the part of an upcoming Satellite City of Gurgaon, appreciation awarded @ 12% per year between 30.06.1982 to 18.06.1985 i.e. the date of publication of notification relating to the successive acquisitions was appropriate and accordingly, calls for no interference. It was thus under the interest and costs of proceedings. Impugning the aforesaid award, learned counsel for the been available on record with respect to appreciation of market value between 1982 to 1985, the Reference Court went wrong while the benefit of increase of 12% per year in favour of the award dated dated under Section 4 of the Act, and thus, not entitled for any enhancement, liable to be On the other hand, learned counsel appearing on behalf of the respondent(s)/ landowner(s) submits that vide award dated .05.1988 (Ex.P10), the Reference Court assessed market value pertaining to the same revenue estate of Village Dhankot in relation the City of Gurgaon, appreciation awarded @ 12% per year between 30.06.1982 to 18.06.1985 i.e. the date of publication of notification was e. It was thus SANJAY GUPTA 2025.08.13 19:33 I attest to the accuracy and integrity of this document RFA-2234 prayed on behalf of the respondent(s) that the present appeal(s) should be dismissed. 8. through the paper book(s). I am unable to find any substance contention raised 9. Revenue Estate of Village Dhankot came to be acquired vide notification issued under Section 4 of the Act on 30.06.1982 and thereafter, the present acquisition was carried out f forming part of the same revenue estate i.e. Dhankot as well as Village Kherki Majra District Gurgaon vide published on 18.06.1985 followed by another acquisition pertaining to the same two revenue estates of Villa District Gurgaon vide notification dated 25.05.1987 issued under Section 4 of the Act. The Reference Court vide its award dated 19.05.1988 (Ex.P10) assessed the market value for the land acquired within the revenue estate of 30.06.1982 acquisition pertaining to the two revenue estates of Villages Dhankot and Kherki Majra, which commenced with the issuance of notification dated 25.05.19 31.07.1992 (Ex.P11) having relied upon the dated 19.05.1988 by giving 12% appreciation per year between 2234-2000 (O&M) & 6 others [ prayed on behalf of the respondent(s) that the present appeal(s) should be dismissed. I have heard learned counsel for the parties and gone through the paper book(s). I am unable to find any substance contention raised on behalf of the appellant. As per the facts, initially Revenue Estate of Village Dhankot came to be acquired vide notification issued under Section 4 of the Act on 30.06.1982 and thereafter, the present acquisition was carried out f forming part of the same revenue estate i.e. Dhankot as well as Village Kherki Majra District Gurgaon vide published on 18.06.1985 followed by another acquisition pertaining to the same two revenue estates of Villa District Gurgaon vide notification dated 25.05.1987 issued under Section 4 of the Act. The Reference Court vide its award dated 19.05.1988 (Ex.P10) assessed the market value for the land acquired the revenue estate of Village Dhankot vide notification dated 30.06.1982 to be Rs.54523.50/- per acre; whereas for the later acquisition pertaining to the two revenue estates of Villages Dhankot and Kherki Majra, which commenced with the issuance of notification dated 25.05.1987, the Reference Court vide its Award dated 31.07.1992 (Ex.P11) having relied upon the dated 19.05.1988 by giving 12% appreciation per year between [5] prayed on behalf of the respondent(s) that the present appeal(s) I have heard learned counsel for the parties and gone through the paper book(s). I am unable to find any substance in the f the appellant. As per the facts, initially some land forming part of the Revenue Estate of Village Dhankot came to be acquired vide notification issued under Section 4 of the Act on 30.06.1982 and thereafter, the present acquisition was carried out for acquiring land forming part of the same revenue estate i.e. Dhankot as well as Village Kherki Majra District Gurgaon vide subsequent notification published on 18.06.1985 followed by another acquisition pertaining to the same two revenue estates of Villages Dhankot and Kherki Majra, District Gurgaon vide notification dated 25.05.1987 issued under Section 4 of the Act. The Reference Court vide its award dated 19.05.1988 (Ex.P10) assessed the market value for the land acquired Village Dhankot vide notification dated per acre; whereas for the later acquisition pertaining to the two revenue estates of Villages Dhankot and Kherki Majra, which commenced with the issuance of notification 87, the Reference Court vide its Award dated 31.07.1992 (Ex.P11) having relied upon the previous award Ex.10 dated 19.05.1988 by giving 12% appreciation per year between prayed on behalf of the respondent(s) that the present appeal(s) I have heard learned counsel for the parties and gone in the some land forming part of the Revenue Estate of Village Dhankot came to be acquired vide notification issued under Section 4 of the Act on 30.06.1982 and or acquiring land forming part of the same revenue estate i.e. Dhankot as well as notification published on 18.06.1985 followed by another acquisition pertaining to ges Dhankot and Kherki Majra, District Gurgaon vide notification dated 25.05.1987 issued under Section 4 of the Act. The Reference Court vide its award dated 19.05.1988 (Ex.P10) assessed the market value for the land acquired Village Dhankot vide notification dated per acre; whereas for the later acquisition pertaining to the two revenue estates of Villages Dhankot and Kherki Majra, which commenced with the issuance of notification 87, the Reference Court vide its Award dated award Ex.10 dated 19.05.1988 by giving 12% appreciation per year between SANJAY GUPTA 2025.08.13 19:33 I attest to the accuracy and integrity of this document RFA-2234 30.06.1982 to 25.05.1987 assessed the market value @ Rs.91600/ per acre. 10. appellant to the Reference Court; nor consequently the appreciation of market value qua the land forming part of Vi per year was accepted by the State authorities. 11. found with the appreciation of 12% per year made by the Reference Court upon the period of difference between the two notifications issued under Section 4 of the Act i.e. from 30.06.1982 to 25.05.1987 revenue estate of Dhankot while assessing the market value towards the present acquisition. 12. are hereby dismissed Reference Court. 13. disposed of. 06.08.2025 sanjay 2234-2000 (O&M) & 6 others [ 30.06.1982 to 25.05.1987 assessed the market value @ Rs.91600/ per acre. Admittedly, neither any challenge was laid appellant to the Award dated 19.05.1988 (Ex.P10) passed by the Reference Court; nor even to the award consequently the appreciation of market value qua the land forming part of Villages Dhankot and Kherki Majra, District Gurgaon @ 12% per year was accepted by the State authorities. In such circumstances, no illegality found with the appreciation of 12% per year made by the Reference Court upon the previous award dated 19.05.1988 (Ex.P10) for the period of difference between the two notifications issued under Section 4 of the Act i.e. from 30.06.1982 to 25.05.1987 revenue estate of Dhankot while assessing the market value towards sent acquisition. Accordingly, the present appeals being devoid of merit are hereby dismissed thereby upholding the award passed by the Reference Court. Pending misc. application(s), if any, shall also stand disposed of. 06.08.2025 Whether speaking/reasoned? Whether Reportable? [6] 30.06.1982 to 25.05.1987 assessed the market value @ Rs.91600/ Admittedly, neither any challenge was laid by the Award dated 19.05.1988 (Ex.P10) passed by the even to the award dated 31.07.1992 (Ex.P11); consequently the appreciation of market value qua the land forming llages Dhankot and Kherki Majra, District Gurgaon @ 12% per year was accepted by the State authorities. In such circumstances, no illegality or perversity can be found with the appreciation of 12% per year made by the Reference previous award dated 19.05.1988 (Ex.P10) for the period of difference between the two notifications issued under Section 4 of the Act i.e. from 30.06.1982 to 25.05.1987 for the same revenue estate of Dhankot while assessing the market value towards Accordingly, the present appeals being devoid of merit upholding the award passed by the Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No 30.06.1982 to 25.05.1987 assessed the market value @ Rs.91600/- by the Award dated 19.05.1988 (Ex.P10) passed by the dated 31.07.1992 (Ex.P11); consequently the appreciation of market value qua the land forming llages Dhankot and Kherki Majra, District Gurgaon @ 12% perversity can be found with the appreciation of 12% per year made by the Reference previous award dated 19.05.1988 (Ex.P10) for the period of difference between the two notifications issued under for the same revenue estate of Dhankot while assessing the market value towards Accordingly, the present appeals being devoid of merit upholding the award passed by the Pending misc. application(s), if any, shall also stand MANUJA) SANJAY GUPTA 2025.08.13 19:33 I attest to the accuracy and integrity of this document