CWP No.15221 of 202 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 157 1.1.1.1. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE CORPORATION LTD. CORPORATION LTD. CORPORATION LTD. CORPORATION LTD. Vs Vs Vs Vs YASHPAL AND OTHERS YASHPAL AND OTHERS YASHPAL AND OTHERS YASHPAL AND OTHERS 2.2.2.2. YASHPAL AND OTHERS YASHPAL AND OTHERS YASHPAL AND OTHERS YASHPAL AND OTHERS Vs Vs Vs Vs THE STATE OF HARYANA AND ORS. THE STATE OF HARYANA AND ORS. THE STATE OF HARYANA AND ORS. THE STATE OF HARYANA AND ORS. 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. for the petitioner in CWP No.15221 of 2024 and for respondent Nos.3 & 4 in CWP No.7011 of 2024 Mr. Madan Pal, Advocate with Mr. Bhim Singh, Advocate for the petitioners in CWP No.7011 of 2024 and for private respondent(s)/landowners. Mr. A HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1]. Vide this common order, CWP Nos.15221 and 7011 of 2024 are being decided as both the petitions involve same question of law and fact the facts are being taken from CWP [2]. By way of present writ petition, dated 19.08.2021 (Annexure P Land Acquisition Collector, Gurugram Court), whereby the application filed at the instance of respondents/landowners 2024 (O&M) & CWP No.7011 of 2024 (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 CWP No. CWP No. CWP No. CWP No.15221 15221 15221 15221 Date of Decision: Date of Decision: Date of Decision: Date of Decision: HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE CORPORATION LTD. CORPORATION LTD. CORPORATION LTD. CORPORATION LTD. YASHPAL AND OTHERS YASHPAL AND OTHERS YASHPAL AND OTHERS YASHPAL AND OTHERS CWP No. CWP No. CWP No. CWP No.7011 7011 7011 7011 YASHPAL AND OTHERS YASHPAL AND OTHERS YASHPAL AND OTHERS YASHPAL AND OTHERS THE STATE OF HARYANA AND ORS. THE STATE OF HARYANA AND ORS. THE STATE OF HARYANA AND ORS. THE STATE OF HARYANA AND ORS. 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. Pritam Singh Saini, Advocate for the petitioner in CWP No.15221 of 2024 and for respondent Nos.3 & 4 in CWP No.7011 of 2024 Mr. Madan Pal, Advocate with Mr. Bhim Singh, Advocate for the petitioners in CWP No.7011 of 2024 and for private respondent(s)/landowners. Mr. Abhinash Jain, D.A.G., Haryana. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) Vide this common order, CWP Nos.15221 and 7011 of 2024 are being decided as both the petitions involve same question of law and fact the facts are being taken from CWP No.15221 of 2024. y way of present writ petition, challenge has been laid to the order dated 19.08.2021 (Annexure P-3) passed by the Distric Land Acquisition Collector, Gurugram (hereinafter to be referred as ‘the Reference , whereby the application filed at the instance of respondents/landowners 4 (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 15221 15221 15221 15221 of of of of 2024 2024 2024 2024 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision:08 08 08 08....00009999.202 .202 .202 .2025555 HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT ...... ...... ...... ......Petitioner Petitioner Petitioner Petitioner ....Respondent ....Respondent ....Respondent ....Respondentssss 7011 7011 7011 7011 of of of of 2024 2024 2024 2024 (O&M) (O&M) (O&M) (O&M) ...... ...... ...... ......Petitioner Petitioner Petitioner Petitionerssss ....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 petitioner in CWP No.15221 of 2024 and for respondent Nos.3 & 4 in CWP No.7011 of 2024. for the petitioners in CWP No.7011 of 2024 and for private respondent(s)/landowners. bhinash Jain, D.A.G., Haryana. Vide this common order, CWP Nos.15221 and 7011 of 2024 are being decided as both the petitions involve same question of law and facts. For brevity, No.15221 of 2024. challenge has been laid to the order 3) passed by the District Revenue Officer-cum (hereinafter to be referred as ‘the Reference , whereby the application filed at the instance of respondents/landowners 1 DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT Vide this common order, CWP Nos.15221 and 7011 of 2024 are being . For brevity, challenge has been laid to the order cum- (hereinafter to be referred as ‘the Reference , whereby the application filed at the instance of respondents/landowners MOHMED ATIK 2025.09.10 11:28 I attest to the accuracy and authenticity of this order/judgment CWP No.15221 of 202 under Section 28 stands allowed. [3]. Briefly stating, the land respondents/landowners Kasan, Tehsil & District 26.02.2002 issued under Section 4 of the 1894 Act 20.05.2004 passed by the Land Acquisition Collector (for short ‘the LAC’) [3.1]. Being dis Reference Petition under Section 18 of the 1894 Act which was partly accepted the learned Addl. District Judge, Gurgaon (Lok Adalat) 14.03.2015 thereby enhancing market value of the acquired land to the tune of Rs.37,47,232/- per acre along with all statutory benefits. Based ther Reference under Section 28 12.06.2015. While pending consideration before the learned decision dated 09.03.2018 others vs. State of Haryana & Others per acre. Later in Civil Appeal No(s).264 vide its decision dated acquired land @ Rs. to the landowners pertaining to the village Kasan [3.2]. Relying upon the final determin Court, the Reference Court reference under Section 28 2024 (O&M) & CWP No.7011 of 2024 (O&M) under Section 28-A of the Land Acquisition Act, 1894 (for short ‘the 1894 Act’) Briefly stating, the land measuring 09 Kanals owned by the respondents/landowners as co-sharers, situated within the revenue estate of village , Tehsil & District Gurugram came to be acquired 26.02.2002 issued under Section 4 of the 1894 Act 20.05.2004 passed by the Land Acquisition Collector (for short ‘the LAC’) Being dis-satisfied of the Award Reference Petition under Section 18 of the 1894 Act which was partly accepted the learned Addl. District Judge, Gurgaon (Lok Adalat) 14.03.2015 thereby enhancing market value of the acquired land to the tune of per acre along with all statutory benefits. Based thereupon, the private Reference under Section 28-A of the 1894 Act before the While said Reference under Section 28 pending consideration before the learned Reference Court decision dated 09.03.2018 passed in RFA No. others vs. State of Haryana & Others’ re-assessed market value @ Rs.41.40 lacs Later in Civil Appeal No(s).264-270 of 2019, the Hon’ble Apex Court vide its decision dated 11.01.2019 finally determined the market value of the acquired land @ Rs.39,54,666/- per acre along with all statutory benefits payable to the landowners pertaining to the village Kasan Relying upon the final determination made by the Hon’ble Apex Reference Court vide its decision dated 19.08.2021 disposed of the reference under Section 28-A of the 1894 Act 4 (O&M) A of the Land Acquisition Act, 1894 (for short ‘the 1894 Act’) measuring 09 Kanals owned by the situated within the revenue estate of village came to be acquired vide Notification dated 26.02.2002 issued under Section 4 of the 1894 Act followed by Award No.6 dated 20.05.2004 passed by the Land Acquisition Collector (for short ‘the LAC’). of the Award, few other landowners filed Reference Petition under Section 18 of the 1894 Act which was partly accepted the learned Addl. District Judge, Gurgaon (Lok Adalat) vide its Award dated 14.03.2015 thereby enhancing market value of the acquired land to the tune of per acre along with all statutory benefits. eupon, the private respondents/landowners preferred A of the 1894 Act before the Reference Court under Section 28-A of the 1894 Act was Reference Court, this Court vide it passed in RFA No.5434 of 2015 titled ‘Chander & assessed market value @ Rs.41.40 lacs 270 of 2019, the Hon’ble Apex Court 11.01.2019 finally determined the market value of the per acre along with all statutory benefits payable to the landowners pertaining to the village Kasan Tehsil and District Gurugram. ation made by the Hon’ble Apex vide its decision dated 19.08.2021 disposed of the A of the 1894 Act, thereby granting the benefit of 2 A of the Land Acquisition Act, 1894 (for short ‘the 1894 Act’) measuring 09 Kanals owned by the situated within the revenue estate of village vide Notification dated Award No.6 dated , few other landowners filed Reference Petition under Section 18 of the 1894 Act which was partly accepted by Award dated 14.03.2015 thereby enhancing market value of the acquired land to the tune of landowners preferred on A of the 1894 Act was , this Court vide its Chander & assessed market value @ Rs.41.40 lacs 270 of 2019, the Hon’ble Apex Court 11.01.2019 finally determined the market value of the per acre along with all statutory benefits payable ation made by the Hon’ble Apex vide its decision dated 19.08.2021 disposed of the thereby granting the benefit of MOHMED ATIK 2025.09.10 11:28 I attest to the accuracy and authenticity of this order/judgment CWP No.15221 of 202 market value of the acquired land @ Rs.39,54,666/ respondents/landowners them the other statutory benefits. [4]. Impugning the aforesaid Award dated 19.08.2021 the petitioner/HSIIDC Act was preferred at the instance of the respondents/ years of the Award dated 14.03.2015 Gurgaon (Lok Adalat) dismissed. On the other hand, CWP No.7011 of 2024 has been filed at the instance of private respondents/ directed to release the amount of compensation in terms of Award dated 19.08.2021 passed by the Reference Court A of the 1894 Act. [5]. I have heard learned counsel for t book. [6]. From the facts available on record, no case for interference is made out at the instance of petitioner/HSIIDC. The Reference Petition under Section 28-A of the 1894 Act was preferred at the instance of the p respondents/landowners on 12.06.2015 passed by the learned Addl. District Judge, Gurgaon (Lok Adalat) in favour of the other similarly placed landowners on their Reference Petition(s) preferred under Section 18 of the 1894 Act and the same was limitation of 03 months. [7]. On the other hand, once the Award by the learned Reference Court under Section 28 2024 (O&M) & CWP No.7011 of 2024 (O&M) market value of the acquired land @ Rs.39,54,666/ respondents/landowners to the extent of their respective shares the other statutory benefits. Impugning the aforesaid Award dated 19.08.2021 petitioner/HSIIDC submits that the application u Act was preferred at the instance of the respondents/ years of the Award dated 14.03.2015 passed by the Gurgaon (Lok Adalat) thus, the same being barred by limitation, On the other hand, CWP No.7011 of 2024 has been filed at the instance of private respondents/ landowners with the prayer that the respondent/HSIIDC be directed to release the amount of compensation in terms of Award dated 19.08.2021 passed by the Reference Court in exercise of A of the 1894 Act. I have heard learned counsel for t From the facts available on record, no case for interference is made out at the instance of petitioner/HSIIDC. The Reference Petition under Section A of the 1894 Act was preferred at the instance of the p respondents/landowners on 12.06.2015 based on the Award dated 14.03.2015 passed by the learned Addl. District Judge, Gurgaon (Lok Adalat) in favour of the other similarly placed landowners on their Reference Petition(s) preferred under the 1894 Act and the same was, thus 03 months. On the other hand, once the Award by the learned Reference Court under Section 28-A of the 1894 Act was passed 4 (O&M) market value of the acquired land @ Rs.39,54,666/- per acre in favour of to the extent of their respective shares besides awarding Impugning the aforesaid Award dated 19.08.2021, learned counsel for submits that the application under Section 28-A of the 1894 Act was preferred at the instance of the respondents/landowners after a gap of 05 passed by the learned Addl. District Judge, the same being barred by limitation, was liable to be On the other hand, CWP No.7011 of 2024 has been filed at the instance with the prayer that the respondent/HSIIDC be directed to release the amount of compensation in terms of Award dated in exercise of powers under Section 28 I have heard learned counsel for the parties and perused the paper From the facts available on record, no case for interference is made out at the instance of petitioner/HSIIDC. The Reference Petition under Section A of the 1894 Act was preferred at the instance of the private based on the Award dated 14.03.2015 passed by the learned Addl. District Judge, Gurgaon (Lok Adalat) in favour of the other similarly placed landowners on their Reference Petition(s) preferred under , thus within the prescribed period of On the other hand, once the Award by the learned Reference Court A of the 1894 Act was passed in favour of the private 3 in favour of besides awarding , learned counsel for A of the 1894 landowners after a gap of 05 learned Addl. District Judge, liable to be On the other hand, CWP No.7011 of 2024 has been filed at the instance with the prayer that the respondent/HSIIDC be directed to release the amount of compensation in terms of Award dated powers under Section 28- and perused the paper From the facts available on record, no case for interference is made out at the instance of petitioner/HSIIDC. The Reference Petition under Section rivate based on the Award dated 14.03.2015 passed by the learned Addl. District Judge, Gurgaon (Lok Adalat) in favour of the other similarly placed landowners on their Reference Petition(s) preferred under within the prescribed period of On the other hand, once the Award by the learned Reference Court in favour of the private MOHMED ATIK 2025.09.10 11:28 I attest to the accuracy and authenticity of this order/judgment CWP No.15221 of 202 respondents/landowners on 19.08.2021 passed, the petitioner/HSIIDC is release the amount of compensation determined therein in favour of the private respondents/landown [8]. At this stage, learned counsel representing the petitioner/HSIIDC submits that the private respondents/landowners may furnish their respective account numbers to the concerned authorities within 01 week from today and in case the needful is done, the petitioner/HSIIDC shall ensure the release of amount of compensation in their favour within four weeks thereafter. [9]. In such circumstances are directed to do the needful in the [10]. Pending application(s), if any shall also stand disposed of. September September September September 08 08 08 08, 202 , 202 , 202 , 202 Atik Whether speaking/reasoned Whether reportable 2024 (O&M) & CWP No.7011 of 2024 (O&M) respondents/landowners on 19.08.2021, the period of more than 04 years has passed, the petitioner/HSIIDC is, therefore, directed to ensure its compliance and release the amount of compensation determined therein in favour of the private respondents/landowners, at the earliest. At this stage, learned counsel representing the petitioner/HSIIDC submits that the private respondents/landowners may furnish their respective account numbers to the concerned authorities within 01 week from today and in he needful is done, the petitioner/HSIIDC shall ensure the release of amount of compensation in their favour within four weeks thereafter. such circumstances, both the writ petitions are disposed of. are directed to do the needful in the aforesaid context. Pending application(s), if any shall also stand disposed of. , 202 , 202 , 202 , 2025555 Whether speaking/reasoned Yes/No Whether reportable Yes/No 4 (O&M) , the period of more than 04 years has directed to ensure its compliance and release the amount of compensation determined therein in favour of the private At this stage, learned counsel representing the petitioner/HSIIDC submits that the private respondents/landowners may furnish their respective account numbers to the concerned authorities within 01 week from today and in he needful is done, the petitioner/HSIIDC shall ensure the release of amount of compensation in their favour within four weeks thereafter. , both the writ petitions are disposed of. Parties aforesaid context. 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 4 , the period of more than 04 years has directed to ensure its compliance and release the amount of compensation determined therein in favour of the private At this stage, learned counsel representing the petitioner/HSIIDC submits that the private respondents/landowners may furnish their respective account numbers to the concerned authorities within 01 week from today and in he needful is done, the petitioner/HSIIDC shall ensure the release of amount Parties MOHMED ATIK 2025.09.10 11:28 I attest to the accuracy and authenticity of this order/judgment