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2025 DAILYLAW 80974 (PNJ)

SURMUKH SINGH AND ANR v. STATE OF PUNJAB

RA-RF/261/2023 · 2025-08-27

Harkesh Manuja

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Judgment text

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CM No.4270-CI of 202 RFA No.2221 of 2008 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 305-3 SURMUKH SINGH AND ANR. SURMUKH SINGH AND ANR. SURMUKH SINGH AND ANR. SURMUKH SINGH AND ANR. Vs Vs Vs Vs STATE OF STATE OF STATE OF STATE OF PUNJAB PUNJAB PUNJAB PUNJAB 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 applicant Mr. Gunjan Mehta, Addl. A.G., Punjab. HARKESH MANUJA, J. HARKESH MANUJA, J. HARKESH MANUJA, J. HARKESH MANUJA, J. CM No. CM No. CM No. CM No.42 42 42 4277770000----CI of 202 CI of 202 CI of 202 CI of 202 By way of present application, prayer has been made for the delay of 2075 Learned State counsel been afforded sufficient Concededly, the other similarly situated landowners pertaining to same acquisition proceedings have already been held entitled for the amount of compensation pertaining to the land situated in revenue Marauli Kalan/Marauli Khurd, Tehsil Kharar, District Nagar), to the tune of Rs.10,46,742/ principle of parity, besides landowner/applicant amount of compensation, however, 2023 in/and RA-RF No.261 of 2023 in of 2008 (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 CM No. CM No. CM No. CM No.427 427 427 427 RA RA RA RA----RF No. RF No. RF No. RF No. RFA No. RFA No. RFA No. RFA No.2221 2221 2221 2221 Date of Decision: Date of Decision: Date of Decision: Date of Decision: SURMUKH SINGH AND ANR. SURMUKH SINGH AND ANR. SURMUKH SINGH AND ANR. SURMUKH SINGH AND ANR. PUNJAB PUNJAB PUNJAB PUNJAB 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. Harsh Manocha, Advocate for the applicants. Mr. Gunjan Mehta, Addl. A.G., Punjab. **** HARKESH MANUJA, J. HARKESH MANUJA, J. HARKESH MANUJA, J. HARKESH MANUJA, J. (Oral) (Oral) (Oral) (Oral) CI of 202 CI of 202 CI of 202 CI of 2023333 By way of present application, prayer has been made for 2075 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 pertaining to same acquisition proceedings have already been held entitled for the amount of compensation pertaining to the land situated in revenue Kalan/Marauli Khurd, Tehsil Kharar, District Nagar), to the tune of Rs.10,46,742/- per acre. principle of parity, besides grant of just and fair compensation, the landowner/applicants being similarly situated amount of compensation, however, without any payment of interest for the period 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 427 427 427 4270000----CI CI CI CI----202 202 202 2023333 inininin RF No. RF No. RF No. RF No.26 26 26 261111 of 202 of 202 of 202 of 2023333 inininin 2221 2221 2221 2221 of 20 of 20 of 20 of 2000008 (O&M) 8 (O&M) 8 (O&M) 8 (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 22227777....00008888.202 .202 .202 .2025555 ...... ...... ...... ......Appellants Appellants Appellants Appellants ....Respondent ....Respondent ....Respondent ....Respondent HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJAAAA Mr. Gunjan Mehta, Addl. A.G., Punjab. 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 Kalan/Marauli Khurd, Tehsil Kharar, District Roopnagar (now SAS Based thereupon and applying the grant of just and fair compensation, the ated are entitled for grant of similar without any payment of interest for the period 1 condoning has failed to file reply to the application despite the enhanced estate of Village Roopnagar (now SAS Based thereupon and applying the grant of just and fair compensation, the entitled for grant of similar without any payment of interest for the period MOHMED ATIK 2025.08.29 16:08 I attest to the accuracy and authenticity of this order/judgment CM No.4270-CI of 202 RFA No.2221 of 2008 of delay in fling the present review application. placed upon the decision of Hon’ble Supreme Court in cas Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition and Another”, 2020 (19) SCC 599 and Another”, 2020 (19) SCC 599 and Another”, 2020 (19) SCC 599 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. Review Application Review Application Review Application Review Application 1. Prayer in the present application is for review of the order dated 18.01.2016 passed by t along with connected appeal bearing RFA allowed by enhancing the compensation amount from Rs.6 lakhs to Rs.8 lakhs per acre. 2. Learned counsel for the parties are to the same acquisition/notification Marauli Kalan/Marauli Khurd, Tehsil Kharar, District Nagar) filed at the instance of few other land which was finally disposed of vide judgment 2208 2208 2208 2208----2008 (O&M) 2008 (O&M) 2008 (O&M) 2008 (O&M) being relevant is reproduced 22. opinion that it would be just and appropriate if Rs.10,46,742/ is Marauli Kalan (Mandouli Kalan) and Marauli Khurd Khurd) along with all statutory benefits.” 2023 in/and RA-RF No.261 of 2023 in of 2008 (O&M) of delay in fling the present review application. placed upon the decision of Hon’ble Supreme Court in cas Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition and Another”, 2020 (19) SCC 599 and Another”, 2020 (19) SCC 599 and Another”, 2020 (19) SCC 599 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. Review Application Review Application Review Application Review Application Prayer in the present application is for review of the order dated 18.01.2016 passed by this Court in RFA No.2221 along with connected appeal bearing RFA No.2207 of 2008, enhancing the compensation amount from Rs.6 lakhs to Rs.8 lakhs per Learned counsel for the parties are to the same acquisition/notification relating to the same revenue Marauli Kalan/Marauli Khurd, Tehsil Kharar, District Nagar) filed at the instance of few other land-owners which was finally disposed of vide judgment 2008 (O&M) 2008 (O&M) 2008 (O&M) 2008 (O&M), titled as “Bhag Singh Bhag Singh Bhag Singh Bhag Singh vs. State of Punjab”. vs. State of Punjab”. vs. State of Punjab”. vs. State of Punjab”. being relevant is reproduced hereunder:- 22. Resultantly, keeping in view the above, this Court is of opinion that it would be just and appropriate if Rs.10,46,742/ awarded as the market value for the land of two Marauli Kalan (Mandouli Kalan) and Marauli Khurd Khurd) along with all statutory benefits.” of delay in fling the present review application. In this regard reliance can be placed upon the decision of Hon’ble Supreme Court in case of “Ningappa “Ningappa “Ningappa “Ningappa Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Officer Officer Officer Officer In view of the discussion made hereinabove as well as contents of application, the same is allowed and delay of 2075 days in filing the review Prayer in the present application is for review of the order dated 2221 of 2008, which was decided No.2207 of 2008, being partially enhancing the compensation amount from Rs.6 lakhs to Rs.8 lakhs per Learned counsel for the parties are ad idem that the matter pertaining the same revenue estate i.e. Village Marauli Kalan/Marauli Khurd, Tehsil Kharar, District Roopnagar (now SAS owners came up before this Court, dated 07.12.2019 passed in RFA RFA RFA RFA vs. State of Punjab”. vs. State of Punjab”. vs. State of Punjab”. vs. State of Punjab”. Para 22 thereof Resultantly, keeping in view the above, this Court is of opinion that it would be just and appropriate if Rs.10,46,742/- per acre awarded as the market value for the land of two villages i.e. Marauli Kalan (Mandouli Kalan) and Marauli Khurd (Mandouli Khurd) along with all statutory benefits.” 2 In this regard reliance can be “Ningappa “Ningappa “Ningappa “Ningappa Officer Officer Officer Officer the review Prayer in the present application is for review of the order dated which was decided being partially enhancing the compensation amount from Rs.6 lakhs to Rs.8 lakhs per pertaining estate i.e. Village Roopnagar (now SAS came up before this Court, RFA RFA RFA RFA---- Para 22 thereof Resultantly, keeping in view the above, this Court is of the per acre villages i.e. (Mandouli MOHMED ATIK 2025.08.29 16:08 I attest to the accuracy and authenticity of this order/judgment CM No.4270-CI of 202 RFA No.2221 of 2008 3. In view of the above as well as both the sides o dated 07.12.2019 passed in the case of entitled for similar market value @ Rs.10,46,742/ benefits and intere 1984. However, the applicant compensation for the period of delay in filing the 4. Pending application(s), if any, August August August August 22227777, 202 , 202 , 202 , 2025555 Atik Whether speaking/reasoned Whether reportable 2023 in/and RA-RF No.261 of 2023 in of 2008 (O&M) In view of the above as well as on account of on facts, the review application is disposed of in terms of decision 07.12.2019 passed in the case of Bhag Singh Bhag Singh Bhag Singh Bhag Singh entitled for similar market value @ Rs.10,46,742/ benefits and interest available under the Land Acquisition 1984. However, the applicants shall not be entitled to compensation for the period of delay in filing the ending application(s), if any, are accord (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) 5555 Whether speaking/reasoned Yes/No Whether reportable Yes/No on account of agreed stand taken by , the review application is disposed of in terms of decision Bhag Singh Bhag Singh Bhag Singh Bhag Singh (supra) and the applicants entitled for similar market value @ Rs.10,46,742/- per acre along with all statutory st available under the Land Acquisition (Amendment) Act, shall not be entitled to interest on the enhanced compensation for the period of delay in filing the review application. are accordingly disposed of. (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Yes/No Yes/No 3 agreed stand taken by , the review application is disposed of in terms of decision are statutory (Amendment) Act, interest on the enhanced MOHMED ATIK 2025.08.29 16:08 I attest to the accuracy and authenticity of this order/judgment