1 RFA-7223-2013(O&M) and other connected cases 256 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-7223-2013(O&M) and other connected cases Date of decision: 10.03.2025 Dalel Singh and others ..Appellants Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Sandeep Sharma, Advocate for landowners in RFA-7223-2013, 2591-2019 and 4449-2013 Ms. Neelam Chaudhary, Advocate for Mr. Rajiv Kataria, Advocate for the landowners in RFA-1947-2017 and 2692-2017 Mr. Amit Jain, Advocate for the appellants in RFA-4804, 4805 of 2014 and RFA-64-2020 Mr. Aditya Jain, Advocate for landowners in RFA-6452-2015, 4989, 5016, 6121, 9754 of 2014, 554-2015 and RFA-2004-2016 Ms. Safia Gupta, AAG, Haryana ****** ANIL KSHETARPAL, J. (Oral) 1. Preface:- 1.1 A batch of 37 connected Regular First Appeals (details whereof are given at the foot of the judgment) shall stand disposed of by this common order with the consent of learned counsel representing the parties. 1.2 This Court has examined the record with the assistance of the learned counsel representing the State. Rekha Sihag 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh 2 RFA-7223-2013(O&M) and other connected cases 1.3 The relevant details of the acquisition are as under:- 27.11.2003 Notification under Section 4 of the Land Acquisition Act, 1894 24.11.2004 Notification under Section 6 of the Land Acquisition Act, 1894 was published. 22.11.2006 The Land Acquisition Collector offered to pay Rs.15,00,000/- per acre for the acquired land located in Village Tikri (85.68 acres), Fazilpur Jharsa (0.5375 acres) and Village Islampur (62.65 acres) 2. Brief facts:- 2.1 The acquisition for development and utilization of the land for Sector 48, Gurugram, which is a residential, commercial and institutional sector. The following awards have been passed by the Reference Court (hereinafter referred to as ‘RC’):- Village Tikri 13.08.2019 Rs. 50,37,000/- per acre 25.03.2013 Rs.50,37,000/- per acre 09.01.2015 Rs.50,37,000/- per acre 19.05.2015 Rs.50,37,000/- per acre 12.12.2016 Rs.50,37,000/- per acre Village Islampur 26.02.2014 Rs.65,04,240/- per acre 30.05.2014 Rs.65,04,240/- per acre 05.12.2014 Rs.65,04,240/- per acre 15.12.2016 Rs.50,37,000/- per acre Village Fazilpur Jharsa 19.10.2015 Rs.65,04,240/- per acre 2.2 The landowners claim that the market value of the acquired land was not less than Rs.30,000/- per square yards as the acquired land is situated only 2 kms away from the Municipal Limits and surrounded in the Rekha Sihagnorth by Wedding Mall, in the south and in the west there is huge residential 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh 3 RFA-7223-2013(O&M) and other connected cases colony of Central Park. Towards East side of the acquired land, Orchard Builders have developed the area. The State of Haryana claims that the award passed by the Land Acquisition Collector (hereinafter referred to as ‘LAC’)LAC was correct. 2.3 In various batches, the landowners have examined the following witnesses:- Village Tikri Award dated 13.08.2019 PW1 Pritam, petitioner Documentary evidence Ex.PW1/A affidavit of petitioner Ex.P1 Attested copy of secondary examination Ex.P2 Certified copy of Award dated 25.3.2013 passed in LA case no.660 of 2010 titled as Bhuru Singh vs. State of Haryana & ors by the court of Sh.Lal Chand, the then Additional District Judge, Gurugram Mark A Photocopy of cheque no.179796 dated 27.12.2011 of Rs.18,26,782/- in the name of petitioner Pritam qua compensation of acquired land. Award dated 25.03.2013 PW1 Amit Documentary evidence Ex.P1 Sale deed no.10916 dated 13.11.2003 Ex.P2 Sale deed no.9997 dated 27.10.2003 Ex.P3 Sale deed no. 12053 dated 8.12.2003 Ex.P4 Sale deed no.15129 dated 20.10.2004 Ex.P5 Site plan Award dated 09.01.2015 PW1 Petition himself Documentary evidence Ex.P1 Copy of award dated 25.3.2013 Award dated 19.05.2015)(Documentary evidence) Ex.P1 Copy of judgement Ex.P2 Statement no.19 Ex.P3 copy of award Ex.P4 Jamabandi Rekha Sihag 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh 4 RFA-7223-2013(O&M) and other connected cases Ex.P5 to Ex.P9 Mutations Award dated 12.12.2016 PW1 Pardeep Kumar, petitioner Documentary evidence Ex.PW1/A Affidavit of Pardeep Kumar Ex.PA Award dated 25.3.2013 Ex.PB Award dated 28.5.2015 Village Islampur Award dated 26.02.2014 PW1 Dhanna Singh, Draftsman from office of DTP, Gurgaon PW2 Kanshi Ram Dahiya, Draftsman PW3 Vinod Kumar, Halqa Patwari PW4 Ishwar Singh Documentary evidence Ex.P1 Gurgaon Manesar Urban Complex-2021 AD Ex.P2 Certified copy of Award dated 17.04.2013 Ex.P3 Certified copy of Award dated 27.07.2012 Ex.P4 Certified copy of Award dated 08.01.2013 Ex.P5 Certified copy of Award dated 30.11.2012 Ex.P6 Certified copy of Award dated 25.03.2013 Ex.P7 to Ex.P10 Certified copy of sale deeds & Ex.P12 Ex.P11 Copy of Aks Shijra Ex.P13 Jamabandi for the year 2000-2001 Ex.P14 No such document Ex.P15 Certified copy of Award dated 19.12.2013 Ex.P16 Revised Development Plan for controlled area I to IV Ex.P17 Rate List of Tehsil Gurgaon for the year 2013-14 Award dated 30.05.2014 Ex.P1 Copy of award in LAC case titled as ‘Sunil Dutt vs. State of Haryana. Award dated 05.12.2014 PW1 Sardare Documentary evidence Ex.PW1/A Affidavit of Sardare Ex.P1 Jamabandi Ex.P2 Jamabandi Rekha Sihag 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh 5 RFA-7223-2013(O&M) and other connected cases Ex.P3 Copy of Award dated 26.02.2014 Ex.P4 Copy of Award dated 26.03.2014 Award dated 15.12.2016 PW1 Mangi Lal Dugar, Director, M/s Atulya Estate Pvt. Ltd. Documentary evidence Ex.P1 Copy of Memorandum of Articles and Association Ex.P2 Certificate of Incorporation of petitioner company Ex.P3 Copy of resolution Ex.P4to Ex.P7 Copies of mutations No.1925 to 1928 Ex.P8 Copy of site plan Ex.P9 Certified copy of sale deed Ex.P10 Certified copy of sale deed Village Fazilpur Jharsa Award dated 19.10.2015 PW1 Ashok Kumar, Asstt. Registration Clerk, office of Sub Registrar, Gurgaon PW2 Narender Kumar, Tracer, office of District & Town Planner, Gurgaon PW3 Vipin Jain, GPA of petitioners Documentary evidence Ex.P1 to P17 Sale deeds Ex.P18 to Ex.P21 layout plans Ex.P22 Copy of award dated 31.8.2022 Ex.PX Copy of award dated 226.2.2014 3. Evidences Adduced:- 3.1 The landowners have produced the following sale deeds:- Sr. No. Exh. Vasika No. Date Land area Total sale consideration Rate per acre Revenue estate K M 1. P1 10916 13.11.2003 10 0 87,51,250/- 70,25,000/- Tikri 2. P2 9997 27.10.2003 48 7 4,24,79,300/- 70,28,633/- Tikri 3. P3 12053 8.12.2003 19 15 1,86,00,860 75,34,525/- Tikri 4. P4 15129 20.10.2004 11 16 2,50,00,000 1,69,49,152 Tikri Rekha Sihag 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh 6 RFA-7223-2013(O&M) and other connected cases 3.2 On the other hand, the State has relied upon the following sale deeds:- Sr.No. Exhibit Sale deed dated and no. Area Consideration Village Per acre value 1. Ex.R1 02.08.1995 7655 19 Biswa 3,72,000/- Tikri 6,26,526/- 2. Ex.R2 04.08.1995 7888 1 Bigha 4,00,000/- Tikri 6,40,000/- 3. Ex.R3 08.08.1995 8190 1 Bigha 4,00,000/- Tikri 6,40,000/- 4. Discussion & Analysis 4.1 Learned State counsel has produced a copy of the layout plan marking the location of the acquired land and the sale deeds produced by the landowners. A perusal of the layout plan proves that in Village Tikri, the acquired land is located in Rect. No.1 whereas the sale instance Ex.P-2 is out of the land comprised in Rect. no.6. As per layout plan, the distance between sale instance Ex.P-2 and the acquired land is hardly 6 acres. Similarly, the sale instance Ex.P1 is at a distance of 9 acres from the acquired land. Both these sale instances are with respect to sale of land few days before the notification under Section 4 of the 1894 Act was issued. The sale deeds produced by the State pertain to the year 1995. The RC has correctly refused to rely upon the State’s sale deeds. However, the RC has imposed cut of 20% for development and 10% due to small size of the property sold through sale instances Ex.P1, Ex.P2 and Ex.P3. 4.2 It is evident that sale instance Ex.P2 is with respect to more than 6 acres of land. This sale instance is not of a small area. Total area sold through sale deed Ex.P2 is (4840 x 6 + 30.25 x 7 = 29251.75 sq. yards) Moreover, the landowners are to be paid the amount for the undeveloped Rekha Sihag 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh 7 RFA-7223-2013(O&M) and other connected cases land. Sale instance Ex.P2 is not from the developed area. That sale deed is also with respect to undeveloped area. Hence, Ex.P2 is appropriate sale instance for assessing the market value of the acquired land. Consequently, there was no justification in applying cut either for development or due to limited size of the area being sold. 5. Decision:- 5.1 Keeping in view the aforesaid facts and discussion, the appeals filed by the State of Haryana are dismissed whereas the appeals filed by the landowners shall stand allowed. The market value of the acquired land is assessed at the rate of Rs.70,28,633/- per acre, which is rounded off to Rs.70,28,650/- per acre alongwith all statutory benefits of the amended 1894 Act. 5.2 All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) 10.03.2025 JUDGE rekha Whether speaking/reasoned Yes/No Whether reportable Yes/No Sr. No. Case No. Appellant(s) Respondent(s) 1. RFA-7223- 2013 DALEL SINGH & ORS STATE OF HARYANA & ORS 2. RFA-3092- 2015 STATE OF HARYANA AND ANR VINOD CHOPRA AND ANR 3. RFA-2591- 2019 VINOD CHOPRA STATE OF HARYANA AND OTHERS 4. RFA-6452- 2015 MAHENDER & ORS STATE OF HARYANA & ORS 5. RFA-4804- 2014 ISHWAR SINGH AND ORS STATE OF HARYANA AND ORS 6. RFA-4449- BHURIA RAM STATE OF HARYANA Rekha Sihag 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh 8 RFA-7223-2013(O&M) and other connected cases 2013 AND ORS 7. RFA-4805- 2014 ISHWAR SINGH AND ORS STATE OF HARYANA AND ORS 8. RFA-4989- 2014 KHAZANI DEVI AND ORS STATE OF HARYANA & ORS 9. RFA-5016- 2014 ROHTASH & ORS STATE OF HARYANA & ORS 10. RFA-6121- 2014 GYAN DEVI AND ORS STATE OF HARYANA & ORS 11. RFA-7984- 2014 STATE OF HARYANA AND ANR SUNIL DUTT AND ORS 12. RFA-7985- 2014 STATE OF HARYANA AND ANR DHANNO AND ORS 13. RFA-7986- 2014 STATE OF HARYANA AND ANR SUBE SINGH AND ORS 14. RFA-7987- 2014 STATE OF HARYANA AND ANR ROHTASH AND ORS 15. RFA-7988- 2014 STATE OF HARYANA AND ANR PREM DEVI AND ORS 16. RFA-7989- 2014 STATE OF HARYANA AND ANR RAJBIR AND ANR 17. RFA-7990- 2014 STATE OF HARYANA AND ANR KARAN SINGH AND ORS 18. RFA-7991- 2014 STATE OF HARYANA AND ANR GOPI CHAND AND ORS 19. RFA-7992- 2014 STATE OF HARYANA AND ANR NARENDER KUMAR 20. RFA-7993- 2014 STATE OF HARYANA AND ANR MANGE RAM AND ORS 21. RFA-7994- 2014 STATE OF HARYANA AND ANR PHOOL SINGH AND ORS 22. RFA-7995- 2014 STATE OF HARYANA AND ANR SUBE AND ANR 23. RFA-7996- 2014 STATE OF HARYANA AND ANR ROHTASH AND ORS 24. RFA-7997- 2014 STATE OF HARYANA AND ANR TARA CHAND AND ORS 25. RFA-7998- 2014 STATE OF HARYANA AND ANR DHANNO AND ORS 26. RFA-7999- 2014 STATE OF HARYANA AND ANR ISHWAR SINGH AND ORS 27. RFA-8000- 2014 STATE OF HARYANA AND ANR ISHWAR SINGH AND ORS 28. RFA-8032- STATE OF HARYANA KRISHNA AND ORS Rekha Sihag 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh 9 RFA-7223-2013(O&M) and other connected cases 2014 AND ANR 29. RFA-9754- 2014 SUBH RAM AND ANR. STATE OF HARYANA AND ORS. 30. RFA-1111- 2015 STATE OF HARYANA AND ANR SUBH RAM AND ORS 31. RFA-554-2015 RAJINDER AND ORS STATE OF HARYANA & ORS 32. RFA-2125- 2015 STATE OF HARYANA AND ANR RAJINDER AND ORS 33. RFA-1947- 2017 STATE OF HARYANA THROUGH THE LAND ACQUISITION COLLECTOR, , GURGAON AND ANR ATULYA ESTATE PVT. LTD AND ANR 34. RFA-2692- 2017 ATULYA ESTATES PVT LTD STATE OF HARYANA & ORS 35. RFA-2004- 2016 DHARAMPAL & ORS STATE OF HARYANA & ORS 36. RFA-3319- 2016 STATE OF HARYANA THROUGH COLLECTOR GURGAON AND ANR DHARAM PAL & OTHERS 37. RFA-64-2020 PRITAM STATE OF HARYANA AND ORS (ANIL KSHETARPAL) 10.03.2025 JUDGE rekha Rekha Sihag 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh