RFA No.5429 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.5429 of 2010(O&M) Reserved on:15.01.2025 Date of Order:28.03.2025. Dharampal Singh .Appellant Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Anil Mehta, Advocate Mr. Nishant Jindal, Advocate for the appellant(s) (in RFA-5429-2010, 3538-2010, 4154- 2010, 268-2015 and 269 of 2015. Mr. Keshav Pratap Singh, Advocate Mr. Tarun Hooda, Advocate Mr. Anhimanyu Singh, Advocate for the appellant(s) (in RFA-266-2015, 267-2015, 270-2015 550-2015) Mr. Shivendra Swaroop, DAG, Haryana. ANIL KSHETARPAL, JUDGE (Oral) 1. INTRODUCTION AND BACKGROUND 1.1 With the consent of the learned counsel representing the parties, a batch of 10 connected Regular First Appeals, details whereof are given on the foot of the judgment, shall stand disposed of by this common order. 1.2 This court has been called upon to assess the market value of the acquired land. The relevant and necessary details of the acquisition are as under:- Sr.No. Particulars Relevant Date 1. Notification under Section 4 read with Section 17(1) of the Land Acquisition Act, 1894 was published. 28.03.2007 NARESH KUMAR 2025.04.03 14:18 I attest to the accuracy and integrity of this document RFA No.5429 of 2010(O&M) -2- 2. Declaration under Section 6 of the Land Acquisition Act, 1894 was published. 12.09.2007 3. The Land Acquisition Collector offered to pay market value to the landowners @ Rs.10,00,000/- along with 30% solatium and 12 % interest 05.12.2007 2. Location of land Villages Tigrana 3. Purpose of acquisition Construction of Sewerage Treatment Plant 1.3 By two separate awards passed on 26.10.2009, the Reference Court (hereinafter referred to as 'the RC') dismissed the petition under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act). 1.4 The landowners claimed that the market value of the acquired land was not less than Rs.5000/- because of potential to be used for residential and commercial purpose. It has been asserted that the acquired land is located near District Jail, Bhiwani, Milk Plant, Friends Colony, Police Line, Ch. Devi Lal Colony etc. The Land Acquisition Collector (hereinafter referred to as 'the LAC') has erred in overlooking these facts. Damages for bifurcation of land into two or more parts was also sought. 1.5 The State of Haryana claimed that just, fair and reasonable market value has been determined by the LAC. 2. EVIDENCES ADDUCED:- 2.1 In both the batches, the landowners examined the following witnesses:- PW1 Dharampal Singh PW2 Virender Singh PW3 Ram Avtar NARESH KUMAR 2025.04.03 14:18 I attest to the accuracy and integrity of this document RFA No.5429 of 2010(O&M) -3- PW4 Bobbat Ram, Halqa Patwari, Village Paluwas PW5 Ishwar Singh, Halqa Patwari, Village Bhiwani Lohar PW6 Om Parkash, Halqa Patwari, Village Tigrana PW7 Vijay Kumar, Patwari, O/o Distt. Town Planner, Bhiwani PW8 Girwar Singh 2.2 In a separate batch, the landowners examined the following witnesses:- PW1 Ram Avtar PW2 Bobad Ram, Halqa Patwari, Village Paluwas PW3 Ishwar Singh, Halqa Patwari, Village Bhiwani Lohar PW4 Om Parkash, Halqa Patwari, Village Tigrana PW5 Vijay Kumar, Patwari, O/o Distt. Town Planner, Bhiwani 2.3 On the other hand, State examined RW1-Ram Niwas Kanungo, in both the cases. 2.4 The RC found that the sale deed No.1245, dated 08.05.2006, Ex.R2, is with respect to the acquired land. Whereas the sale deed Ex.R3, dated 17.01.2006, is with respect to the adjoining land. Whereas, the sale deeds produced by the landowners are with respect to parcels of land located at a distance from the acquired land. Thus, the RC dismissed all the reference petitions. 3. ARGUMENTS ADDRESSED BY THE LEARNED COUNSEL REPRESENTING THE PARTIES 3.1 This Bench has heard the learned counsel representing the parties at length and with their able assistance perused the paper book along with the requisitioned record. NARESH KUMAR 2025.04.03 14:18 I attest to the accuracy and integrity of this document RFA No.5429 of 2010(O&M) -4- 3.2 Learned counsel representing the parties have submitted that the acquired land was capable of being used for commercial purpose as it was located District Head Quarter, Bhiwani. They submit that the landowners are entitled to the highest price as per sale deed nos.2900 or 5069. 4. DISCUSSION AND ANALYSIS:- 4.1 This court has considered the submissions of the learned counsel representing the parties. 4.2 Ex.R8, is a layout plan produced by the State while marking the location of the acquired land and the sale deeds. Some part of the acquired land is comprised in Rect. No.309 and is located in the area of village Tigrana, whereas a small part is located in village Bhiwani Lohar. Rectangular compact plot has been acquired for sewerage treatment plant. Sale deed Ex.R2 (1245 dated 08.05.2005), is with respect to land comprised in Rect. No.309, khasra no.1, which has been acquired. This parcel of land has been sold on 08.05.2001, @ Rs.2,20,000/- per acre. Moreover, Ex.R3 is with respect to land comprised out of Rect. no.298 and Rect. No.310, which abuts the acquired land. This parcel of land has been sold on 17.01.2010 @ Rs.2,00,000/- per acre. A tabulated compilation of the sale deeds produced by the parties is extracted as under:- Sr.No. Registry No. Date Area(K- M) Khasra/ Killa No. Amount Amount per acrea Amount per Marla Amount in per Sq. Yards P1 2900(Tigrana) 13.7.2007 3-4(515 sq. yards House) 258//11/2, 12/1 1,000,000 2500000 15625 516.52 P2 5069(Tigrana) 18.2.2000 8-0 793//25 968000 968000 6050 200 P3 2312(Palwas) 25.6.2007 23-17 187//24, 206//4, 5/1, 7, 8/1, 150//3/10 4, 187//24, 25 12536454 4 42051000 262818 8688 NARESH KUMAR 2025.04.03 14:18 I attest to the accuracy and integrity of this document RFA No.5429 of 2010(O&M) -5- P4 9614(Bhiwani Lohar) 24.3.2009 75 sq. yards HSVP Sector Plot 390000 25168000 157300 5200 P5 4065(Bhiwani Lohar) 26.8.2008 357 sq. yards 123//14 1859000 25203249 157520 5207 P6 10098(Bhiwa ni Lohar) 15.1.2007 0-8.5(254 sq. yards) 615 3063000 57656470 360353 11912 P7 9630(Bhiwani Lohar) 02.1.2007 0-7(210 sq. yards) 830, 831 231000 5280000 33000 1091 P8 1563(Bhiwani Lohar) 01.3.2007 0-10(300 sq. yards) 218//5 330000 5280000 33000 1091 P9 9631(Bhiwani Lohar) 02.1.2007 0-6.5(198 sq. yards) 833, 834 220000 5415385 33846 1118 P10 2361(Bhiwani Lohar) 26.3.2007 0-10 830, 831 330000 5280000 33000 1091 P11 1088(Bhiwani Lohar) 15.2.2007 0-9 109//14 494500 8791111 54944 1816 P12 5993(Bhiwani Lohar) 15.11.2007 0-13 (391.78 sq. yards) 328//1 588000 7236923 45230 1495 Village Tigrana Exhibits Registry no. Date Area (k-M) Amount Amount per acre Amount per marla R-1 1246 8.5.2006 30-8 8,36,000.00 2,20,000.00 1375.00 R-2 1245 8.5.2006 7-12 2,09,000.00 2,20,000.00 1375.00 R-3 9299 17.1.2006 36-0 9,00,000.00 2,00,000.00 1250.00 R-4 6651 12.12.2007 48-0 36,00,000.00 6,00,000.00 3750.00 R-5 6652 12.12.2007 55-15 39,31,500.00 5,64,161.60 3526.01 R-6 6094 13.10.2005 11-4 2,80,000.00 2,00,000.00 1250.00 R-7 8354 23.12.2005 0-16 72,000.00 7,20,000.00 4500.00 Village Bhiwani Lohar R-1 6566 31.10.2005 3-12 1,57,500.00 3,50,000.00 2187.00 R-2 5883 7.10.2005 3-14 85,000.00 1,83,784.00 1148.65 R-3 2347 20.06.2005 7-8 2,05,000.00 2,21,622.00 1385.14 4.3 It is evident from perusal of Ex.C1, that the sale deed Ex.5069, is with respect to 8 kanals land located near the abadi of village Tigrana. This parcel of land is located at a significant distance from the acquired land. Similarly, the sale deed Ex.2900, Ex.P1, dated 13.07.2007, is also at a distance and is with respect to parcel of land located on Hansi-Bhiwani road, NARESH KUMAR 2025.04.03 14:18 I attest to the accuracy and integrity of this document RFA No.5429 of 2010(O&M) -6- whereas the acquired land is not located near any road. In fact, the acquired land is located near Gujrani minor. 5. DECISION:- 5.1 Keeping in view the sale deeds Ex.R2, Ex.R3, it is evident that the price of the land at the relevant time was not more than the amount offered by the LAC. 5.2 Hence, there is no error in the award passed by the RC. 5.3 All the appeals are dismissed. 5.4 All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) JUDGE 28th March, 2025 nt Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RFA No.5429-2010 Dharampal Singh vs. State of Haryana and others RFA No.3538-2010 Ramavtar Sharma and others vs. State of Haryana and others RFA No.3539-2010 Ram Avtar vs. State of Haryana and others RFA No.4154-2010 Bitto Devi and others vs. State of Haryana and others RFA No.266-2015 Umed Singh vs. State of Haryana and others RFA No.267-2015 Mahabir Singh and others vs. State of Haryana and others RFA No.268-2015 Kanwar Pal Singh vs. State of Haryana and others RFA No.269-2015 Anita vs. State of Haryana and others RFA No.270-2015 Shanti vs. State of Haryana and others RFA No.550-2015 Vidya and others vs. State of Haryana and others (ANIL KSHETARPAL) JUDGE NARESH KUMAR 2025.04.03 14:18 I attest to the accuracy and integrity of this document