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2025 DAILYLAW 73818 (PNJ)

GURDEEP SINGH THROUGH LRS AND OTHERS v. STATE OF HARYANA AND ANOTHER

RFA/758/2025 · 2025-09-12

Harkesh Manuja

body2025

Judgment text

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RFA No.758 of 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA 149 GURDEEP SINGH THROUGH LR AND ORS. Vs STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. Present: Mr. Mr. C.S. Jattana, Advocate for the Mr. Abhinash Jain, D.A.G., Haryana. HARKESH MANUJA, J. (Oral) CM No.1609-CI of 202 By way of present application, prayer the delay of 1862 Learned State counsel been afforded sufficient opportunity. Concededly, the other similarly situated landowners p same acquisition proceedings have already been held entitled for the amount of compensation pertaining to the land situated in revenue New Dabwali, Tehsil Dabwali, landowners upto the depth of 2 acres from Sirsa qua the land beyond the depth of 2 acres from Sirsa thereupon and applying the principle of parity, besides 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.758 Date of Decision: GURDEEP SINGH THROUGH LR AND ORS. STATE OF HARYANA AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Daljeet Singh Virk, Advocate and Mr. C.S. Jattana, Advocate or the appellants. Mr. Abhinash Jain, D.A.G., Haryana. **** HARKESH MANUJA, J. (Oral) CI of 2025 By way of present application, prayer 1862 days in filing the review application. Learned State counsel has failed to file reply to the application despite been afforded sufficient opportunity. Concededly, the other similarly situated landowners p same acquisition proceedings have already been held entitled for the amount of compensation pertaining to the land situated in revenue Tehsil Dabwali, District Sirsa to the tune of Rs. landowners upto the depth of 2 acres from Sirsa qua the land beyond the depth of 2 acres from Sirsa thereupon and applying the principle of parity, besides IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 758 of 2025 (O&M) Date of Decision: 12.09.2025 GURDEEP SINGH THROUGH LR AND ORS. ......Appellants ...Respondent(s). JUSTICE HARKESH MANUJA and Mr. Abhinash Jain, D.A.G., Haryana. By way of present application, prayer has been made for condoning days in filing the review application. has failed to file reply to the application despite Concededly, the other similarly situated landowners pertaining to same acquisition proceedings have already been held entitled for the enhanced amount of compensation pertaining to the land situated in revenue estate of village to the tune of Rs.2,87,12,333/- to the landowners upto the depth of 2 acres from Sirsa-Dabwali Road and Rs.40,00,000/ qua the land beyond the depth of 2 acres from Sirsa-Dabwali Road. Based thereupon and applying the principle of parity, besides grant of just and fair 1 condoning has failed to file reply to the application despite the enhanced village o the Dabwali Road and Rs.40,00,000/- Based grant of just and fair MOHMED ATIK 2025.09.15 17:58 I attest to the accuracy and authenticiy of this order/judgment RFA No.758 of 2025 compensation, the l grant of similar amount of compensation, however, interest for the period regard reliance can be of “Ningappa Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Officer and Another”, 2020 (19) SCC 599 In view of the discussion made hereinabove as well as contents of application, the same is allowed and delay of application is hereby condoned. RFA No.758 of 2025 (O&M) [1]. By way of present appeal, challenge has been laid to the 16.03.2018 passed by the referred as the ‘Reference Court’), whereby 18 of the Land Acquisition Act, 1894 (for short ‘the landowners was partly value at uniform rate acquired land besides awarding other statutory benefits/interest in their favour under the 1894 Act. [2]. Learned counsel for the parties are ad respect to the determination of market value stands finally adjudicated upon by the Co-ordinate Bench of this Court No.3216 of 2018 the similarly situated landowners pertaining to 2025 (O&M) compensation, the landowner/applicants being similarly grant of similar amount of compensation, however, interest for the period of delay in filing the present review application. regard reliance can be placed upon the decision of Hon’ble Supreme Court in case “Ningappa Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Officer and Another”, 2020 (19) SCC 599 In view of the discussion made hereinabove as well as contents of ication, the same is allowed and delay of application is hereby condoned. RFA No.758 of 2025 (O&M) By way of present appeal, challenge has been laid to the passed by the learned Addl. District Judge, referred as the ‘Reference Court’), whereby Reference Petition filed under Section 18 of the Land Acquisition Act, 1894 (for short ‘the was partly allowed while granting them the benefit of enhanced market at uniform rate of Rs.1393/- per sq. yards i.e. Rs.67,42,120/ besides awarding other statutory benefits/interest in their favour under the 1894 Act. earned counsel for the parties are ad respect to the determination of market value stands finally adjudicated upon by the ordinate Bench of this Court vide its decision dated No.3216 of 2018 titled as “Paras Ram vs. State of Haryana and others similarly situated landowners pertaining to being similarly situated are entitled for grant of similar amount of compensation, however, without any payment of ling the present review application. In this placed upon the decision of Hon’ble Supreme Court in case “Ningappa Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Officer and Another”, 2020 (19) SCC 599. In view of the discussion made hereinabove as well as contents of ication, the same is allowed and delay of 1862 days in filing the review By way of present appeal, challenge has been laid to the Award dated Addl. District Judge, Sirsa (hereinafter to be Reference Petition filed under Section 18 of the Land Acquisition Act, 1894 (for short ‘the 1894 Act’) at the instance of ng them the benefit of enhanced market per sq. yards i.e. Rs.67,42,120/- per acre qua the besides awarding other statutory benefits/interest in their favour earned counsel for the parties are ad idem that the matter with respect to the determination of market value stands finally adjudicated upon by the vide its decision dated 07.04.2025 passed in RFA Paras Ram vs. State of Haryana and others.” whereby similarly situated landowners pertaining to the same acquisition proceedings 2 entitled for without any payment of In this placed upon the decision of Hon’ble Supreme Court in case “Ningappa Thotappa Angadi (Dead) through LRs Versus Special Land the review dated after to be Reference Petition filed under Section Act’) at the instance of ng them the benefit of enhanced market qua the besides awarding other statutory benefits/interest in their favour with respect to the determination of market value stands finally adjudicated upon by the RFA whereby the same acquisition proceedings MOHMED ATIK 2025.09.15 17:58 I attest to the accuracy and authenticiy of this order/judgment RFA No.758 of 2025 have been held entitled for the enhanced amount of compensation manner:- “6.1 are disposed of and the market value of the acquired land is assessed under: [3]. In view of the above as well as both the sides aforementioned landowners are awarded to other and interest available under the amended provisions of to the present acquisition on the enhanced compensation for the period of delay in filing the appeal i.e. days. [4]. Pending application(s), if any shall also stand disposed of. September 12, 2025 Atik Whether speaking/reasoned Whether reportable 2025 (O&M) have been held entitled for the enhanced amount of compensation 6.1 Keeping in view the aforesaid facts and discussion, all the are disposed of and the market value of the acquired land is assessed under:- S. No. Particulars of the land 1. Landowners upto the depth of 2 acres from Sirsa-Dabwali 2. Land beyond the depth of 2 acres from Sirsa-Dabwali Road In view of the above as well as on account of sides on facts, the present appeal is aforementioned decision i.e. Paras Ram’ case held entitled for similar amount of awarded to other similarly situated landowners; available under the amended provisions of to the present acquisition. However, the appellants shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal i.e. Pending application(s), if any shall also stand disposed of. (HARKESH MANUJA) 2025 Whether speaking/reasoned Yes/No Whether reportable Yes/No have been held entitled for the enhanced amount of compensation in the following aforesaid facts and discussion, all the appeals are disposed of and the market value of the acquired land is assessed Particulars of the land Amount assessed per acre (In ₹) Landowners upto the depth of 2 Dabwali Road 2,87,12,333/- Land beyond the depth of 2 acres Dabwali Road 40,00,000/- on account of agreed stand taken by appeal is allowed in terms of the case (supra) and the appellant amount of market value as has been landowners; along with all statutory benefits available under the amended provisions of the 1894 Act as applicable However, the appellants shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal i.e. 1862 Pending application(s), if any shall also stand disposed of. (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 in the following appeals are disposed of and the market value of the acquired land is assessed as agreed stand taken by in terms of the the appellants/ as has been along with all statutory benefits as applicable However, the appellants shall not be entitled to interest 1862 MOHMED ATIK 2025.09.15 17:58 I attest to the accuracy and authenticiy of this order/judgment