CWP-27766 130+134 IN THE HIGH COURT OF PUNJAB AND HARYANA 1. Shamsher Singh and another Haryana Urban Development Authority and ors. 2. Mukesh Kumar State of Haryana and ors. CORAM: Present:- HARKESH MANUJA, J. (ORAL) Civil Writ Petitions as common question of facts therein. For convenience, facts are being taken from CWP 2018. 2. behalf of the petitioners/landowners is in their favour on account of delayed disbursal of the amount of compensation 27766-2018(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 1 CWP Shamsher Singh and another Versus Haryana Urban Development Authority and ors. CWP Mukesh Kumar Versus State of Haryana and ors. HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Vivek Khatri, Advocate (through for the petitioners (CWP-27766 Mr. Chanderhas Yadav, Advocate for the petitioners (CWP-425- Mr. Sanjeev Majra, Advocate for respondents No.1 and 2. Ms. Komal Sharma, DAG, Haryana. **** HARKESH MANUJA, J. (ORAL) This order of mine shall dispose of abovementioned two Civil Writ Petitions as common question of facts therein. For convenience, facts are being taken from CWP By way of present writ petition behalf of the petitioners/landowners is for in their favour on account of delayed disbursal of the amount of compensation, besides award of annuity benefits to them in IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 11.09.2025 CWP-27766-2018(O&M) ........ Petitioners Haryana Urban Development Authority and ors. ......... Respondents CWP-425-2019(O&M) ........ Petitioner ......... Respondents HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Vivek Khatri, Advocate (through VC) 27766-2018). Mr. Chanderhas Yadav, Advocate -2019). r. Sanjeev Majra, Advocate s. Komal Sharma, DAG, Haryana. This order of mine shall dispose of abovementioned two Civil Writ Petitions as common question of facts and law are involved therein. For convenience, facts are being taken from CWP-27766 petition, the short prayer made on for release of statutory interest in their favour on account of delayed disbursal of the amount of , besides award of annuity benefits to them in This order of mine shall dispose of abovementioned two are involved 27766- , the short prayer made on statutory interest in their favour on account of delayed disbursal of the amount of , besides award of annuity benefits to them in SANJAY GUPTA 2025.09.18 18:32 I attest to the accuracy and integrity of this document CWP-27766 accordance with the award dated Acquisition Collector, Urban Estate Department, Rohtak, for short ‘the LAC’. 3. 3. situated within the revenue estate of Village Jhajjar, District Jhajjar was acquired vide n issued under Sections 4 and 6 of the Land Acquisition Act, 1894, respectively, for short ‘the Act’, for the purpose of Sector 10, Jhajjar, (institutional and commercial). Award under Section 11 of the Act was announced on 04.07.2014, thereby determining the market value of the land besides awarding annuity scheme benefits @ Rs.21000/ acre per annum for a period of 33 years in accordance with the government gazette notification dated 09.11.2010. The relevant of the award is extracted hereunder: 27766-2018(O&M) [2] accordance with the award dated 04.07.2014 passed by the Land Acquisition Collector, Urban Estate Department, Rohtak, for short ‘the Briefly stating, some land owned by the petitioners, situated within the revenue estate of Village Jhajjar, District Jhajjar was acquired vide notifications dated 07.07.2011 and 06.07.2012 issued under Sections 4 and 6 of the Land Acquisition Act, 1894, respectively, for short ‘the Act’, for the purpose of Sector 10, Jhajjar, (institutional and commercial). Award under Section 11 of the Act was nounced on 04.07.2014, thereby determining the market value of the land besides awarding annuity scheme benefits @ Rs.21000/ acre per annum for a period of 33 years in accordance with the government gazette notification dated 09.11.2010. The relevant of the award is extracted hereunder:- “4. MARKET VALUE:- Commissioner-cum requested to supply the market value of land under acquisition. The Deputy Commissioner cum-Collector, Jhajjar supplied the market value of the land under acquisition as per provisions of LARR Act-2013 vide his memo No. DRA/628 dt. 17.06.2014 as Rs. 30 Lacs per acre for all kinds of land and after that rate indentify vide order dt. 01.07.2014 of the P.S.U.E 28,13,951/ per acre for all kinds 26(2) of LARR Act value shall be multiplied by a factor to be specified in the first scheduled. But so far the govt. has notified the factor, as such after notification by the government, the difference of compensation is applicable, shall be awarded. 04.07.2014 passed by the Land Acquisition Collector, Urban Estate Department, Rohtak, for short ‘the Briefly stating, some land owned by the petitioners, situated within the revenue estate of Village Jhajjar, District Jhajjar otifications dated 07.07.2011 and 06.07.2012 issued under Sections 4 and 6 of the Land Acquisition Act, 1894, respectively, for short ‘the Act’, for the purpose of Sector 10, Jhajjar, (institutional and commercial). Award under Section 11 of the Act was nounced on 04.07.2014, thereby determining the market value of the land besides awarding annuity scheme benefits @ Rs.21000/- per acre per annum for a period of 33 years in accordance with the government gazette notification dated 09.11.2010. The relevant para 4 - The Deputy cum-Collector, Jhajar was requested to supply the market value of land under acquisition. The Deputy Commissioner- Collector, Jhajjar supplied the market value e land under acquisition as per provisions of 2013 vide his memo No. DRA/628-34 dt. 17.06.2014 as Rs. 30 Lacs per acre for all kinds of land and after that rate indentify vide order dt. 01.07.2014 of the P.S.U.E 28,13,951/- per acre for all kinds of land. As per section 26(2) of LARR Act-2013, the awarded market value shall be multiplied by a factor to be specified in the first scheduled. But so far the govt. has notified the factor, as such after notification by the government, the difference of ompensation is applicable, shall be awarded. 04.07.2014 passed by the Land Acquisition Collector, Urban Estate Department, Rohtak, for short ‘the Briefly stating, some land owned by the petitioners, situated within the revenue estate of Village Jhajjar, District Jhajjar otifications dated 07.07.2011 and 06.07.2012 issued under Sections 4 and 6 of the Land Acquisition Act, 1894, respectively, for short ‘the Act’, for the purpose of Sector 10, Jhajjar, (institutional and commercial). Award under Section 11 of the Act was nounced on 04.07.2014, thereby determining the market value of per acre per annum for a period of 33 years in accordance with the para 4 SANJAY GUPTA 2025.09.18 18:32 I attest to the accuracy and integrity of this document CWP-27766 4. entitled for the benefits of Land Pooling Scheme. Clause 8 of the Award in this regard is extracted 27766-2018(O&M) [3] I have inspected the land under acquisition along with the revenue staff of my office before announcement of the Award. Keeping in view the location, situation and all other factors, I observe that the market 28,13,951/- per acre for all kinds of land, supplied by the P.S.U.E, Haryana are fair and adequate, and I award the same alongwith the Annuity Scheme of 21,000/ for a period of 33 years, published vide government gazette date be increased by a fixed sum of Rs. 750/ acre every year.” In the award, the landowners were also recorded to be entitled for the benefits of Land Pooling Scheme. Clause 8 of the Award in this regard is extracted hereunder: “8. LAND POOLING SCHEME opting for the Land Pooling Scheme will be provided developed residential site in the form of residential plots measuring 1000 sq. yards and commercial site measuring 100 sq. yards against each one acre the compensation package and all the benefits admissible under the R & R Policy' of the Government, at the time of first floatation of the residential sector for which land of the applicant has been acquired: The landowner(s) w participate in the Land Pooling Scheme only if a minimum of 1000 sq yards or more of his/their land is acquired. The details of the land pooling scheme are given in the Haryana Govt. Urban Estate Department notification dt. 10 Spt. 2012 I have inspected the land under acquisition along with the revenue staff of my office before announcement of the Award. Keeping in view the location, situation and all other factors, I observe that the market value, le. per acre for all kinds of land, supplied by the P.S.U.E, Haryana are fair and adequate, and I award the same alongwith the Annuity Scheme of 21,000/- per acre per annum for a period of 33 years, published vide government gazette dated 9-11.2010 which will be increased by a fixed sum of Rs. 750/- per In the award, the landowners were also recorded to be entitled for the benefits of Land Pooling Scheme. Clause 8 of the hereunder:- LAND POOLING SCHEME: The landowner(s) opting for the Land Pooling Scheme will be provided developed residential site in the form of residential plots measuring 1000 sq. yards and commercial site measuring 100 sq. yards against each one acre of land acquired in lieu of the compensation package and all the benefits admissible under the R & R Policy' of the Government, at the time of first floatation of the residential sector for which land of the applicant has been acquired: The landowner(s) would be eligible to participate in the Land Pooling Scheme only if a minimum of 1000 sq yards or more of his/their land is acquired. The details of the land pooling scheme are given in the Haryana Govt. Urban Estate Department notification dt. 10 Spt. 2012.” In the award, the landowners were also recorded to be entitled for the benefits of Land Pooling Scheme. Clause 8 of the SANJAY GUPTA 2025.09.18 18:32 I attest to the accuracy and integrity of this document CWP-27766 5. the award dated 04.07.2014, the petitioners submitted application before the LAC for seeking benefit of Land Pooling Scheme and the same remained pending consideration; whereas on the othe possession of the acquired land was taken over by the respondents the date of passing of the Award compensation in terms of the aforementioned award was released in favour of the petitioners/ landowners at of the award counsel contents that despite repeated reminders and requests when no action was taken on the application submitted by the landowners against their claim towards the L visited the respondents and Scheme benefit was not even applicable to the acquisition in hand as the same was for institutional and commercial purposes. He further points out that compensation amount there was delay in disbursal petitioners were thus entitled for award of statutory interest i Section 34 of the Act. He also submits that earlier the petitioners not paid the amount of compensation lying deposited with the LAC as their application for grant of benefits pending consideration with the res submits that the respondents even failed to award the annuity benefits to the petitioners/landowners in accordance with the award and thus the necessary directions 27766-2018(O&M) [4] Leaned counsel for the petitioners submits that in terms of the award dated 04.07.2014, the petitioners submitted application before the LAC for seeking benefit of Land Pooling Scheme and the same remained pending consideration; whereas on the othe possession of the acquired land was taken over by the respondents the date of passing of the Award compensation in terms of the aforementioned award was released in favour of the petitioners/ landowners at of the award nor even when the possession contents that despite repeated reminders and requests when no action was taken on the application submitted by the landowners against their claim towards the Land Pooling Scheme, the petitioners visited the respondents and were then informed Scheme benefit was not even applicable to the acquisition in hand as the same was for institutional and commercial purposes. He further points out that it was thereafter only the petitioners compensation amount by the respondents on 27.12.2017 and thus there was delay in disbursal thereof on the part of respondents and the petitioners were thus entitled for award of statutory interest i Section 34 of the Act. He also submits that earlier the petitioners the amount of compensation lying deposited with the LAC as their application for grant of benefits under pending consideration with the respondents. Learned counsel also submits that the respondents even failed to award the annuity benefits to the petitioners/landowners in accordance with the award and thus the necessary directions in this regard need to be issued as well. Leaned counsel for the petitioners submits that in terms of the award dated 04.07.2014, the petitioners submitted application before the LAC for seeking benefit of Land Pooling Scheme and the same remained pending consideration; whereas on the other hand, the possession of the acquired land was taken over by the respondents on itself. He points out that compensation in terms of the aforementioned award was neither released in favour of the petitioners/ landowners at the time of passing possession was taken over. Learned contents that despite repeated reminders and requests when no action was taken on the application submitted by the landowners and Pooling Scheme, the petitioners were then informed that the Land Pooling Scheme benefit was not even applicable to the acquisition in hand as the same was for institutional and commercial purposes. He further it was thereafter only the petitioners were released the the respondents on 27.12.2017 and thus on the part of respondents and the petitioners were thus entitled for award of statutory interest in terms of Section 34 of the Act. He also submits that earlier the petitioners were the amount of compensation lying deposited with the LAC as under Land Pooling Scheme was pondents. Learned counsel also submits that the respondents even failed to award the annuity benefits to the petitioners/landowners in accordance with the award and thus in this regard need to be issued as well. Leaned counsel for the petitioners submits that in terms of the award dated 04.07.2014, the petitioners submitted application before the LAC for seeking benefit of Land Pooling Scheme and the r hand, the on . He points out that neither the time of passing . Learned contents that despite repeated reminders and requests when no action was taken on the application submitted by the landowners and Pooling Scheme, the petitioners that the Land Pooling Scheme benefit was not even applicable to the acquisition in hand as the same was for institutional and commercial purposes. He further the the respondents on 27.12.2017 and thus on the part of respondents and the n terms of were the amount of compensation lying deposited with the LAC as Land Pooling Scheme was pondents. Learned counsel also submits that the respondents even failed to award the annuity benefits to the petitioners/landowners in accordance with the award and thus SANJAY GUPTA 2025.09.18 18:32 I attest to the accuracy and integrity of this document CWP-27766 6. respondent State submits that the amount of compensation deposited with the LAC and the petitioners never approached the authorities concerned for release thereof and thus, any statutory submits that in terms of the policy dated 09.11.2010 regarding annuity Scheme, the landowners were required to make appropriate application within six months of the award and since no application was made by the petitioners release of any benefit under the Annuity Scheme and therefore, the present writ petition filed at the instance of the petitioners deserves to be dismissed. 7. through the paper 8. was passed by the LAC heading of market value, landowners were held ent Annuity Scheme benefits @ Rs.21000/ circumstances, once the annuity benefits form itself, it was the statutory obligation derived under Section 11 of landowners Accordingly, obligation towards the release of Award are directed to disburse the 27766-2018(O&M) [5] On the other hand, learned counsel appearing for the respondent State submits that the amount of compensation deposited with the LAC and the petitioners never approached the authorities concerned for release thereof and thus, any statutory benefits of interest in this regard. Learned counsel also submits that in terms of the policy dated 09.11.2010 regarding annuity Scheme, the landowners were required to make appropriate application within six months of the award and since no tion was made by the petitioners of any benefit under the Annuity Scheme and therefore, the present writ petition filed at the instance of the petitioners deserves to be dismissed. I have heard learned counsel for the parties and gone through the paper-book. As per the record, the award under Section 11 of the Act was passed by the LAC on 04.07.2014. In the said Award, under the heading of market value, landowners were held ent Annuity Scheme benefits @ Rs.21000/- circumstances, once the annuity benefits form , it was the statutory obligation casted derived under Section 11 of the Act to release of landowners without there being any application made in this regard Accordingly, the respondents having failed to discharge their statutory obligation towards the release of annuity re directed to disburse the same and, learned counsel appearing for the respondent State submits that the amount of compensation was lying deposited with the LAC and the petitioners never approached the authorities concerned for release thereof and thus, were not entitled to benefits of interest in this regard. Learned counsel also submits that in terms of the policy dated 09.11.2010 regarding annuity Scheme, the landowners were required to make appropriate application within six months of the award and since no such tion was made by the petitioners; they were not entitled for of any benefit under the Annuity Scheme and therefore, the present writ petition filed at the instance of the petitioners deserves to I have heard learned counsel for the parties and gone the award under Section 11 of the Act on 04.07.2014. In the said Award, under the heading of market value, landowners were held entitled for grant of per acre per annum. In such circumstances, once the annuity benefits formed part of the award casted upon the respondents as to release such benefits in favour without there being any application made in this regard the respondents having failed to discharge their statutory annuity benefits granted under the same in favour of the landowners/ and, learned counsel appearing for the was lying deposited with the LAC and the petitioners never approached the not entitled to benefits of interest in this regard. Learned counsel also submits that in terms of the policy dated 09.11.2010 regarding annuity Scheme, the landowners were required to make appropriate such they were not entitled for of any benefit under the Annuity Scheme and therefore, the present writ petition filed at the instance of the petitioners deserves to I have heard learned counsel for the parties and gone the award under Section 11 of the Act on 04.07.2014. In the said Award, under the for grant of per acre per annum. In such part of the award as benefits in favour without there being any application made in this regard. the respondents having failed to discharge their statutory under the in favour of the landowners/ SANJAY GUPTA 2025.09.18 18:32 I attest to the accuracy and integrity of this document CWP-27766 petitioners within two months from today without waiting for any application been made in this regard by the landowners. 9. 04.07.2014 and then by the respondents favour of the petitioners on 27.12.2017. Initially, the compensation was not released in favour of the petitioners as they had applie the benefit under the Land Pooling Scheme in terms of the specific stipulation made in the award dated 04.07.2014 by the LAC. As per annexure P that the Land Pooling Scheme was not applicable t acquisition which was carried out for carving Sector 10, Jhajjar for public utilities and commercial sector. As per the records, it was thereafter only on 27.12.2017, the compensation amount was released in favour of petitioners/ landowners 9.1 the award dated 04.07.2014 by the LAC land pooling to the landowners, the respondents misguided and misrepresented them for making them applying under the Land Pooling Scheme and thereafter remained sitting applications for years together without responding or with reverting that the said policy was not applicable acquisition proceedings. In such circumstances, the delay in disbursal of compensation in favour of the landowners the respondents and thus they are found o the landowners 27766-2018(O&M) [6] petitioners within two months from today without waiting for any application been made in this regard by the landowners. Furthermore, the award in the present case was passed on 04.07.2014 and the possession of the acquired land was taken there by the respondents, however, the payment was released in favour of the petitioners on 27.12.2017. Initially, the compensation was not released in favour of the petitioners as they had applie the benefit under the Land Pooling Scheme in terms of the specific stipulation made in the award dated 04.07.2014 by the LAC. As per annexure P-4, the petitioners were communicated only on 05.07.2017 that the Land Pooling Scheme was not applicable t acquisition which was carried out for carving Sector 10, Jhajjar for public utilities and commercial sector. As per the records, it was thereafter only on 27.12.2017, the compensation amount was released in favour of petitioners/ landowners as per award dated 04.07.2011. Apparently, on account of specific stipulation the award dated 04.07.2014 by the LAC land pooling to the landowners, the respondents misguided and misrepresented them for making them applying under the Land Pooling Scheme and thereafter remained sitting applications for years together without responding or with reverting that the said policy was not applicable acquisition proceedings. In such circumstances, the delay in disbursal of compensation in favour of the landowners the respondents and thus they are found o the landowners/petitioners from the date of award i.e. 04.07.2014 till petitioners within two months from today without waiting for any application been made in this regard by the landowners. Furthermore, the award in the present case was passed on and the possession of the acquired land was taken there , however, the payment was released in favour of the petitioners on 27.12.2017. Initially, the compensation was not released in favour of the petitioners as they had applied for the benefit under the Land Pooling Scheme in terms of the specific stipulation made in the award dated 04.07.2014 by the LAC. As per 4, the petitioners were communicated only on 05.07.2017 that the Land Pooling Scheme was not applicable to the present acquisition which was carried out for carving Sector 10, Jhajjar for public utilities and commercial sector. As per the records, it was thereafter only on 27.12.2017, the compensation amount was released as per award dated 04.07.2011. on account of specific stipulation been made in about offering of the benefit of land pooling to the landowners, the respondents misguided and misrepresented them for making them applying under the Land Pooling Scheme and thereafter remained sitting tight on such applications for years together without responding or without even reverting that the said policy was not applicable to the present acquisition proceedings. In such circumstances, the delay in disbursal of compensation in favour of the landowners is purely attributable to the respondents and thus they are found obligated to pay interest to from the date of award i.e. 04.07.2014 till petitioners within two months from today without waiting for any Furthermore, the award in the present case was passed on and the possession of the acquired land was taken there , however, the payment was released in favour of the petitioners on 27.12.2017. Initially, the compensation d for the benefit under the Land Pooling Scheme in terms of the specific stipulation made in the award dated 04.07.2014 by the LAC. As per 4, the petitioners were communicated only on 05.07.2017 o the present acquisition which was carried out for carving Sector 10, Jhajjar for public utilities and commercial sector. As per the records, it was thereafter only on 27.12.2017, the compensation amount was released made in the benefit of land pooling to the landowners, the respondents misguided and misrepresented them for making them applying under the Land on such out even the present acquisition proceedings. In such circumstances, the delay in disbursal is purely attributable to bligated to pay interest to from the date of award i.e. 04.07.2014 till SANJAY GUPTA 2025.09.18 18:32 I attest to the accuracy and integrity of this document CWP-27766 the date of actual release of payment i.e. 27.12.2017, in accordance with Section 34 of the Act. 11. petitions are release of statutory interest in their favour for the delay period i.e. from 04.07.2014 27.12.2017/ 16.03.2018 12. disposed of. 11.09.2025 sanjay 27766-2018(O&M) [7] the date of actual release of payment i.e. 27.12.2017, in accordance with Section 34 of the Act. In view of the discussion made hereinabove, are allowed. Petitioners/landowners are held entitled towards release of statutory interest in their favour for the delay period i.e. from 04.07.2014 which is the date of taking over of possession of land / 16.03.2018 i.e. the date of disbursal of compensation Pending misc. application(s), if any, shall also stand disposed of. Whether speaking/reasoned Whether Reportable the date of actual release of payment i.e. 27.12.2017, in accordance In view of the discussion made hereinabove, both the writ allowed. Petitioners/landowners are held entitled towards release of statutory interest in their favour for the delay period i.e. from taking over of possession of land till date of disbursal of compensation. Pending misc. application(s), if any, shall also stand ( HARKESH MANUJA ) JUDGE Whether speaking/reasoned Yes/No Yes/No the date of actual release of payment i.e. 27.12.2017, in accordance rit allowed. Petitioners/landowners are held entitled towards release of statutory interest in their favour for the delay period i.e. from till Pending misc. application(s), if any, shall also stand SANJAY GUPTA 2025.09.18 18:32 I attest to the accuracy and integrity of this document