RFA No.1149 of 2003 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 110-2 Union Territory, Chandigarh through the LAC, Chandigarh Union Territory, Chandigarh through the LAC, Chandigarh Union Territory, Chandigarh through the LAC, Chandigarh Union Territory, Chandigarh through the LAC, Chandigarh Vs Vs Vs Vs Avtar Singh LR of Kartari Devi Avtar Singh LR of Kartari Devi Avtar Singh LR of Kartari Devi Avtar Singh LR of Kartari Devi CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ Present: Mr. Sumeet Jain, Advocate with Ms. Kushaldeep Kaur, Advocate for UT, Chandigarh. Mr. Rajiv Dhiman, Advocate HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1]. By way of present appeal(s), challenge has been laid to the Award dated 15.09.2001 (hereinafter to be referred as the ‘Reference Court’), whereby Reference Petition filed under Section short ‘the 1894 Act’) at the instance of the granting her the benefit of enhanced market value @ Rs. acquired land besides awarding other stat provided under the 1894 Act. [2]. Learned counsel for the parties are ad respect to the determination of market value stands adjudicated upon by vide its decision dated ““““Sadhu Ram and Others Sadhu Ram and Others Sadhu Ram and Others Sadhu Ram and Others situated landowners pertaining to the same acquisition proceedings have been held entitled for the enhanced amount of 2003 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH RFA No. RFA No. RFA No. RFA No.1149 1149 1149 1149 Date of Decision: Date of Decision: Date of Decision: Date of Decision: Union Territory, Chandigarh through the LAC, Chandigarh Union Territory, Chandigarh through the LAC, Chandigarh Union Territory, Chandigarh through the LAC, Chandigarh Union Territory, Chandigarh through the LAC, Chandigarh Avtar Singh LR of Kartari Devi Avtar Singh LR of Kartari Devi Avtar Singh LR of Kartari Devi Avtar Singh LR of Kartari Devi and others and others and others and others HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Sumeet Jain, Advocate with Ms. Kushaldeep Kaur, Advocate for UT, Chandigarh. Mr. Rajiv Dhiman, Advocate for the respondents. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) By way of present appeal(s), challenge has been laid to the Award 15.09.2001 passed by the learned Addl. District Judge, (hereinafter to be referred as the ‘Reference Court’), whereby Reference Petition filed under Section 30 read with Section 18 of the Land Acquisition Act, 1894 (for short ‘the 1894 Act’) at the instance of the claimant the benefit of enhanced market value @ Rs. acquired land besides awarding other statutory benefits/interest in provided under the 1894 Act. Learned counsel for the parties are ad respect to the determination of market value stands adjudicated upon by vide its decision dated 05.10.2010 passed in Sadhu Ram and Others Sadhu Ram and Others Sadhu Ram and Others Sadhu Ram and Others vs. vs. vs. vs. Union Territory, Chandigarh Union Territory, Chandigarh Union Territory, Chandigarh Union Territory, Chandigarh situated landowners pertaining to the same acquisition proceedings have been held entitled for the enhanced amount of compensation @ Rs. IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH 1149 1149 1149 1149 of of of of 2003 2003 2003 2003 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 22 22 22 22....00009999.202 .202 .202 .2025555 Union Territory, Chandigarh through the LAC, Chandigarh Union Territory, Chandigarh through the LAC, Chandigarh Union Territory, Chandigarh through the LAC, Chandigarh Union Territory, Chandigarh through the LAC, Chandigarh...... ...... ...... ......Appellant Appellant Appellant Appellant((((ssss)))) ...Respondent ...Respondent ...Respondent ...Respondentssss HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJAAAA for the respondents. By way of present appeal(s), challenge has been laid to the Award passed by the learned Addl. District Judge, Chandigarh (hereinafter to be referred as the ‘Reference Court’), whereby Reference Petition of the Land Acquisition Act, 1894 (for claimant was partly allowed while the benefit of enhanced market value @ Rs.4,01,753/- per acre qua the utory benefits/interest in her favour as Learned counsel for the parties are ad idem that the matter with respect to the determination of market value stands adjudicated upon by this Court RFA No.2016 of 2001 RFA No.2016 of 2001 RFA No.2016 of 2001 RFA No.2016 of 2001 titled as Union Territory, Chandigarh Union Territory, Chandigarh Union Territory, Chandigarh Union Territory, Chandigarh” whereby the similarly situated landowners pertaining to the same acquisition proceedings have been held compensation @ Rs.167/- per square yard, 1 By way of present appeal(s), challenge has been laid to the Award Chandigarh (hereinafter to be referred as the ‘Reference Court’), whereby Reference Petition of the Land Acquisition Act, 1894 (for was partly allowed while per acre qua the favour as with Court titled as whereby the similarly situated landowners pertaining to the same acquisition proceedings have been held per square yard, MOHMED ATIK 2025.09.24 10:42 I attest to the accuracy and authenticity of this order/judgment RFA No.1149 of 2003 along with all statutory benefits. Relevant judgment is extracted hereunder: notification dated 28.06.1990 consis 58 and 59 whereas the land acquired vide notification dated 09.08.1990 consists of Rect. Nos 37, 38, 39, 50, 51, 52, 58, 59, 60, 61 and 70. The acquisition vide notification dated 10.12.1986 consists of Rect. Nos. 6 61, 81, 82 and 92. Aforesaid three pocket of land are adjoining to each other. This court in land in counsel for the land owners @ 12% per annum thereon for the time gap in the two notifications, which is 3 years and 10 months. This court finds the prayer made by the land owners to be justifiable. The awards announced by the Collecto to the aforesaid two acquisition also show appreciation of prices in the area, which is even at a rate more than 12% per annum. In (supra), the award o whereas in the presen after awarding increase @ 12% per annum on Rs.116/ value of the acquired land would come out to Rs.167/ land owners shall also be entitled to all the statutory them under the Act. the process of disbursement of enhanced compensation, Hon'ble the Supreme Court in Civil Appeal No. 6515 of 2009 Development corporation Vs. Pran Sukh and others 17.08.2010, issued certain directions I deem it appropriate to issue same directions in the present set of appeals as well. The same are as under: 2003 (O&M) along with all statutory benefits. Relevant is extracted hereunder:- “A perusal of the award of the Collector shows, land acquired vide notification dated 28.06.1990 consists of Rect. Nos. 37, 38, 39, 50, 51, 52, 58 and 59 whereas the land acquired vide notification dated 09.08.1990 consists of Rect. Nos 37, 38, 39, 50, 51, 52, 58, 59, 60, 61 and 70. The acquisition vide notification dated 10.12.1986 consists of Rect. Nos. 6 61, 81, 82 and 92. Aforesaid three pocket of land are adjoining to each other. This court in Amarjit Singh's case (supra) had assessed the value of land in Amarjit Singh's case (Supra) @ Rs. 116/ counsel for the land owners are claiming that they be granted increase @ 12% per annum thereon for the time gap in the two notifications, which is 3 years and 10 months. This court finds the prayer made by the land owners to be justifiable. The awards announced by the Collecto to the aforesaid two acquisition also show appreciation of prices in the area, which is even at a rate more than 12% per annum. In (supra), the award of the Collector therein was Rs. whereas in the present case, it was Rs.2,75,000/ after awarding increase @ 12% per annum on Rs.116/ value of the acquired land would come out to Rs.167/ land owners shall also be entitled to all the statutory them under the Act. To ensure that the landowners are not fleeced by the middleman in the process of disbursement of enhanced compensation, Hon'ble the Supreme Court in Civil Appeal No. 6515 of 2009 Development corporation Vs. Pran Sukh and others 17.08.2010, issued certain directions I deem it appropriate to issue same directions in the present set of appeals as well. The same are as under: "with a view to ensure that the land owners ar the middleman, we deem it appropriate to issue following further directions: (i) The land Acquisition Collector shall depute officers subordinate to him not below the rank of Naib Tehsildar, who shall along with all statutory benefits. Relevant portion from the aforementioned A perusal of the award of the Collector shows, land acquired vide ts of Rect. Nos. 37, 38, 39, 50, 51, 52, 58 and 59 whereas the land acquired vide notification dated 09.08.1990 consists of Rect. Nos 37, 38, 39, 50, 51, 52, 58, 59, 60, 61 and 70. The acquisition vide notification dated 10.12.1986 consists of Rect. Nos. 69, 70, 61, 81, 82 and 92. Aforesaid three pocket of land are adjoining to each case (supra) had assessed the value of case (Supra) @ Rs. 116/- per square yard. Learned are claiming that they be granted increase @ 12% per annum thereon for the time gap in the two notifications, which is 3 years and 10 months. This court finds the prayer made by the land owners to be justifiable. The awards announced by the Collector pertaining to the aforesaid two acquisition also show appreciation of prices in the area, which is even at a rate more than 12% per annum. In Amarjit Singh's case f the Collector therein was Rs.85,000/- per acre, t case, it was Rs.2,75,000/- per acre. Accordingly, after awarding increase @ 12% per annum on Rs.116/- per square yard, the value of the acquired land would come out to Rs.167/- per square yard. The land owners shall also be entitled to all the statutory benefits available to To ensure that the landowners are not fleeced by the middleman in the process of disbursement of enhanced compensation, Hon'ble the Supreme Court in Civil Appeal No. 6515 of 2009 Haryana state Industrial Development corporation Vs. Pran Sukh and others, decided on 17.08.2010, issued certain directions I deem it appropriate to issue same directions in the present set of appeals as well. The same are as under:- "with a view to ensure that the land owners are not fleeced by the middleman, we deem it appropriate to issue following The land Acquisition Collector shall depute officers subordinate to him not below the rank of Naib Tehsildar, who shall 2 from the aforementioned A perusal of the award of the Collector shows, land acquired vide ts of Rect. Nos. 37, 38, 39, 50, 51, 52, 58 and 59 whereas the land acquired vide notification dated 09.08.1990 consists of Rect. Nos 37, 38, 39, 50, 51, 52, 58, 59, 60, 61 and 70. The 9, 70, 61, 81, 82 and 92. Aforesaid three pocket of land are adjoining to each case (supra) had assessed the value of per square yard. Learned are claiming that they be granted increase @ 12% per annum thereon for the time gap in the two notifications, which is 3 years and 10 months. This court finds the prayer made by the land r pertaining to the aforesaid two acquisition also show appreciation of prices in the area, case per acre, per acre. Accordingly, per square yard, the per square yard. The benefits available to To ensure that the landowners are not fleeced by the middleman in the process of disbursement of enhanced compensation, Hon'ble the Haryana state Industrial , decided on 17.08.2010, issued certain directions I deem it appropriate to issue same e not fleeced by the middleman, we deem it appropriate to issue following The land Acquisition Collector shall depute officers subordinate to him not below the rank of Naib Tehsildar, who shall MOHMED ATIK 2025.09.24 10:42 I attest to the accuracy and authenticity of this order/judgment RFA No.1149 of 2003 [3]. In view of the above stand taken by both the sides on facts applying the principle of parity, besides present appeal is partly allowed Ram and Others’ Ram and Others’ Ram and Others’ Ram and Others’ similar amount of market value @ Rs. other similarly situated available under the amended provisions of Land Acquisition Act, 1 applicable to the present acquisition [4]. The apportionment of compensation shall be made in terms of t Award dated 15.09.2001 passed by the learned Reference Court, as the same not been re-agitated by the [5]. Pending application(s), if any shall also stand disposed of. September September September September 22 22 22 22, 202 , 202 , 202 , 202 Atik Whether speaking/reasoned Whether reportable 2003 (O&M) get in touch with all the land owner representatives and inform them about their entitlement and right to receive enhanced compensation. (ii) The concerned officer shall also instruct the land owners and / or their legal representatives to open saving bank account in cas they already do not have such account. (iii) The bank account numbers of the land owners should be given to the Land Acquisition Collector within three months. (iv) The land Acquisition Collector shall deposit the cheques of compensation in the bank accounts of the land owners". The appeals are disposed of in the manner indicated above In view of the above stand taken by both the sides on facts applying the principle of parity, besides grant of just and fair compensation, appeal is partly allowed in terms of the Ram and Others’ Ram and Others’ Ram and Others’ Ram and Others’ case (supra) and the appellant amount of market value @ Rs.167/- per sq similarly situated landowners; along with all statutory benefits and interest available under the amended provisions of Land Acquisition Act, 1 applicable to the present acquisition. The apportionment of compensation shall be made in terms of t Award dated 15.09.2001 passed by the learned Reference Court, as the same agitated by the respondents. Pending application(s), if any shall also stand disposed of. , 202 , 202 , 202 , 2025555 Whether speaking/reasoned Yes/No Whether reportable Yes/No get in touch with all the land owners and/or their legal representatives and inform them about their entitlement and right to receive enhanced compensation. The concerned officer shall also instruct the land owners and / or their legal representatives to open saving bank account in cas they already do not have such account. The bank account numbers of the land owners should be given to the Land Acquisition Collector within three months. The land Acquisition Collector shall deposit the cheques of accounts of the land owners". The appeals are disposed of in the manner indicated above.” In view of the above stand taken by both the sides on facts and grant of just and fair compensation, in terms of the aforementioned decision i.e. Sadhu Sadhu Sadhu Sadhu the appellants/landowners are held entitled for per square yard as has been awarded to along with all statutory benefits and interest available under the amended provisions of Land Acquisition Act, 1894 The apportionment of compensation shall be made in terms of t Award dated 15.09.2001 passed by the learned Reference Court, as the same Pending application(s), if any shall also stand disposed of. (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Yes/No Yes/No 3 s and/or their legal representatives and inform them about their entitlement and right to The concerned officer shall also instruct the land owners and / or their legal representatives to open saving bank account in case The bank account numbers of the land owners should be The land Acquisition Collector shall deposit the cheques of and grant of just and fair compensation, the Sadhu Sadhu Sadhu Sadhu held entitled for yard as has been awarded to along with all statutory benefits and interest as The apportionment of compensation shall be made in terms of the Award dated 15.09.2001 passed by the learned Reference Court, as the same has MOHMED ATIK 2025.09.24 10:42 I attest to the accuracy and authenticity of this order/judgment