RFA No.3424 of 20 IN THE HIGH COURT OF PUNJAB AND HARYANA Sahara Complex Private Limited Land Acquisition Collector and ors. CORAM: HON'BLE Present: Mr. Mr. Sandeep Sharma, Advocate for the appellant. Mr.Abhinash Jain, DAG, Haryana. Mr. Sharad Aggarwal, Advocate for respondent No.3. HARKESH MANUJA, J. (ORAL) By way of present appeal, challenge has dated 11.08.2014 passed by learned Reference Court Judge, Gurgaon 2. In the present case, the land of the appellant notifications dated 25.01.2008 and 18.03.2008, issued under Sections 4 & 6, respectively of the Land Acquisition Act, 1894 (for short, “ under Section 11 (for short, “LAC”) on 23.12.2009, whereby, the market value was assessed at the rate of Rs.60 lacs per acre, besides grant of other statutory benefits. 3. On facts, learned counsel representing both sides are not disputing that the market value in relation to the pr of 2015 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** RFA No.3424 Date of Decision: Sahara Complex Private Limited Versus Land Acquisition Collector and ors. HON'BLE MR. JUSTICE HARKESH MANUJA Mr. A.D.S. Sukhija, Advocate with Mr. Sandeep Sharma, Advocate for the appellant. Abhinash Jain, DAG, Haryana. Mr. Sharad Aggarwal, Advocate for respondent No.3. --- HARKESH MANUJA, J. (ORAL) By way of present appeal, challenge has dated 11.08.2014 passed by learned Reference Court gaon, (now Gurugram) (for short ‘the Reference Court’). In the present case, the land of the appellant notifications dated 25.01.2008 and 18.03.2008, issued under Sections 4 & 6, respectively of the Land Acquisition Act, 1894 (for short, “ under Section 11 of the Act was announced by the Land Acquisition Collector “LAC”) on 23.12.2009, whereby, the market value was assessed at the rate of Rs.60 lacs per acre, besides grant of other statutory benefits. On facts, learned counsel representing both sides are not disputing that the market value in relation to the pr IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 3424 of 2015 (O&M) Date of Decision: 15.09.2025 …...Appellant ..….Respondents MR. JUSTICE HARKESH MANUJA A.D.S. Sukhija, Advocate with Mr. Sandeep Sharma, Advocate Abhinash Jain, DAG, Haryana. Mr. Sharad Aggarwal, Advocate for respondent No.3. By way of present appeal, challenge has been laid to an award dated 11.08.2014 passed by learned Reference Court-cum-Additional District (for short ‘the Reference Court’). In the present case, the land of the appellant was acquired vide notifications dated 25.01.2008 and 18.03.2008, issued under Sections 4 & 6, respectively of the Land Acquisition Act, 1894 (for short, “the Act”). Award was announced by the Land Acquisition Collector “LAC”) on 23.12.2009, whereby, the market value was assessed at the rate of Rs.60 lacs per acre, besides grant of other statutory benefits. On facts, learned counsel representing both sides are not disputing that the market value in relation to the present acquisition stands been laid to an award Additional District acquired vide notifications dated 25.01.2008 and 18.03.2008, issued under Sections 4 & 6, Act”). Award was announced by the Land Acquisition Collector “LAC”) on 23.12.2009, whereby, the market value was assessed at On facts, learned counsel representing both sides are not esent acquisition stands SANJAY GUPTA 2025.09.17 12:26 I attest to the accuracy and integrity of this document RFA No.3424 of 20 finally adjudicated upon by the Hon’ble Apex Court as Rs. 4,06,34,750/ SLP (Civil) Nos.11814 4. However, that the appellant/ landowner Section 28 of the Act from the date of filing of the petition under Section 28A of the Act i.e. 26.12.2019 till the Court on 08.09.2025. for interest from the date of 22.02.2021 till date of filing of the 31.07.2025. 5. On the other hand, le the appellant was and therefore, could not be deprived of the benefit of statutory interest. 6. Heard learned counsel for the parties on the issue of award of interest. 7. The learned substantiated or supported his of the statutory interest payable under Sectio between 26.11.2019 to 08.09.2025. appellant on 26.12.2019 in terms of Section 28 entertained and allowed by respondent No.3 only an application for withdrawal of the present appeal was filed on 17.02.2021 which was allowed by this Court on 22.02.2021, the appellant cannot be deprived of the benefit of statutory Section 28 of the 1894 Act especially when the allowed on 08.09.2025 for the reason that the order dated 28.08.2020 of 2015 (O&M) finally adjudicated upon by the Hon’ble Apex Court 4,06,34,750/- per acre vide its decision dated 05.09.2017 passed in SLP (Civil) Nos.11814-11864 of 2017. However, learned counsel representing re that the appellant/ landowner was not entitled for grant of interest under Section 28 of the Act from the date of filing of the petition under Section 28A of the Act i.e. 26.12.2019 till the restoration of 08.09.2025. He also submits that the appellant for interest from the date of its withdrawal of the present appeal on 22.02.2021 till date of filing of the restoration On the other hand, learned counsel for the appellant submits that was continuously pursuing its remedies in accordance with law and therefore, could not be deprived of the benefit of statutory interest. Heard learned counsel for the parties on the issue of award of The learned counsel representing respondent No.3 has not or supported his argument that the appellant can be deprived of the statutory interest payable under Sectio between 26.11.2019 to 08.09.2025. Once the petition filed on behalf of the appellant on 26.12.2019 in terms of Section 28 entertained and allowed by respondent No.3 pplication for withdrawal of the present appeal was filed on 17.02.2021 which was allowed by this Court on 22.02.2021, the appellant cannot be deprived of the benefit of statutory Section 28 of the 1894 Act especially when the allowed on 08.09.2025 for the reason that the order dated 28.08.2020 finally adjudicated upon by the Hon’ble Apex Court having granted the same per acre vide its decision dated 05.09.2017 passed in learned counsel representing respondent No.3 submits entitled for grant of interest under Section 28 of the Act from the date of filing of the petition under Section 28A restoration of the present appeal by this submits that the appellant was at best entitled withdrawal of the present appeal on restoration application thereof arned counsel for the appellant submits that remedies in accordance with law and therefore, could not be deprived of the benefit of statutory interest. Heard learned counsel for the parties on the issue of award of counsel representing respondent No.3 has not argument that the appellant can be deprived of the statutory interest payable under Section 28 of the Act for the period Once the petition filed on behalf of the appellant on 26.12.2019 in terms of Section 28-A of the 1894 Act was entertained and allowed by respondent No.3 on 28.08.2020 and thereupon pplication for withdrawal of the present appeal was filed on 17.02.2021 which was allowed by this Court on 22.02.2021, the appellant cannot be deprived of the benefit of statutory interest payable to it under Section 28 of the 1894 Act especially when the restoration of this appeal was allowed on 08.09.2025 for the reason that the order dated 28.08.2020 having granted the same per acre vide its decision dated 05.09.2017 passed in spondent No.3 submits entitled for grant of interest under Section 28 of the Act from the date of filing of the petition under Section 28A the present appeal by this entitled withdrawal of the present appeal on application thereof on arned counsel for the appellant submits that remedies in accordance with law Heard learned counsel for the parties on the issue of award of counsel representing respondent No.3 has not argument that the appellant can be deprived n 28 of the Act for the period Once the petition filed on behalf of the A of the 1894 Act was on 28.08.2020 and thereupon pplication for withdrawal of the present appeal was filed on 17.02.2021 which was allowed by this Court on 22.02.2021, the appellant interest payable to it under restoration of this appeal was allowed on 08.09.2025 for the reason that the order dated 28.08.2020 SANJAY GUPTA 2025.09.17 12:26 I attest to the accuracy and integrity of this document RFA No.3424 of 20 passed by respondent No.3 was challenged before this Court by way of Civil Writ Petition No. 10907 of 2023. 8. Even the contention raised on behalf of resp appellant is entitled for interest from 22.02.2021 till devoid of merits as the appeal was withdrawn on account of the fact that an application preferred 28 A of the Act was allowed by the LAC on 28.08.2020, thereby granting the benefit of market value @ Rs.4,06,34,750/ decision rendered by the Hon’ble Apex of 2017 and as such there was no purpose l to have pursued challenge to the order dated 28.08.2000 by way of CWP No.10907 came to the notice of the appellant present appeal was immediately filed. 9. Moreover, detailed and comprehensive discussion aspects have already been made by this Court in its order dated 08.09.2025; whereby the application preferred at the instance of appellant/ landowner seeking recalling of the order dated 22.02.2021 was allowed. 10. In such circumstances, the present appeal is disposed of in terms of the decision SLP (Civil) Nos.11814 market value @ Rs. 4,06,34,750/ landowner. 11. In such circumstances, finding no merit in the aforesaid contentions raised on behalf of respondent No.3 The appellant/ landowner benefits including interest payable under Land Acquisition Amendment Act, of 2015 (O&M) passed by respondent No.3 was challenged before this Court by way of Civil Writ Petition No. 10907 of 2023. Even the contention raised on behalf of resp entitled for interest from 22.02.2021 till devoid of merits as the appeal was withdrawn on account of the fact that an application preferred at the instance of landowner having invoked Section the Act was allowed by the LAC on 28.08.2020, thereby granting the benefit of market value @ Rs.4,06,34,750/ decision rendered by the Hon’ble Apex Court in and as such there was no purpose l pursued the present appeal. It was only when challenge to the order dated 28.08.2000 by way of CWP No.10907 the notice of the appellant, an application for restoration of the appeal was immediately filed. Moreover, detailed and comprehensive discussion have already been made by this Court in its order dated 08.09.2025; whereby the application preferred at the instance of appellant/ landowner ing of the order dated 22.02.2021 was allowed. In such circumstances, the present appeal is disposed of in terms decision dated 05.09.2017 passed by the Hon’ble Apex Court in SLP (Civil) Nos.11814-11864 of 2017, thereby extending the benefi market value @ Rs. 4,06,34,750/- per acre in favour of the appellant/ In such circumstances, finding no merit in the aforesaid raised on behalf of respondent No.3 The appellant/ landowner shall be entitled benefits including interest payable under Land Acquisition Amendment Act, passed by respondent No.3 was challenged before this Court by way of Civil Even the contention raised on behalf of respondent No.3 that the entitled for interest from 22.02.2021 till 31.07.2025, is also devoid of merits as the appeal was withdrawn on account of the fact that an the instance of landowner having invoked Section the Act was allowed by the LAC on 28.08.2020, thereby granting the benefit of market value @ Rs.4,06,34,750/- per acre in terms of the Court in SLP (Civil) Nos.11814-11864 and as such there was no purpose left with the appellant/landowner the present appeal. It was only when the factum of challenge to the order dated 28.08.2000 by way of CWP No.10907-2023 , an application for restoration of the Moreover, detailed and comprehensive discussion on these have already been made by this Court in its order dated 08.09.2025; whereby the application preferred at the instance of appellant/ landowner ing of the order dated 22.02.2021 was allowed. In such circumstances, the present appeal is disposed of in terms dated 05.09.2017 passed by the Hon’ble Apex Court in 11864 of 2017, thereby extending the benefi per acre in favour of the appellant/ In such circumstances, finding no merit in the aforesaid raised on behalf of respondent No.3, the same stand rejected. entitled for grant of all statutory benefits including interest payable under Land Acquisition Amendment Act, passed by respondent No.3 was challenged before this Court by way of Civil ondent No.3 that the also devoid of merits as the appeal was withdrawn on account of the fact that an the instance of landowner having invoked Section the Act was allowed by the LAC on 28.08.2020, thereby granting it per acre in terms of the 11864 the appellant/landowner the factum of 2023 , an application for restoration of the these have already been made by this Court in its order dated 08.09.2025; whereby the application preferred at the instance of appellant/ landowner In such circumstances, the present appeal is disposed of in terms dated 05.09.2017 passed by the Hon’ble Apex Court in 11864 of 2017, thereby extending the benefit of per acre in favour of the appellant/ In such circumstances, finding no merit in the aforesaid , the same stand rejected. of all statutory benefits including interest payable under Land Acquisition Amendment Act, SANJAY GUPTA 2025.09.17 12:26 I attest to the accuracy and integrity of this document RFA No.3424 of 20 1984. 12. Pending misc. application(s), if any, shall stand(s) disposed off. 15.09.2025 sanjay Whether speaking/reasoned? Whether Reportable? of 2015 (O&M) Pending misc. application(s), if any, shall stand(s) disposed off. (HARKESH MANUJA) Whether speaking/reasoned? Whether Reportable? Pending misc. application(s), if any, shall stand(s) disposed off. (HARKESH MANUJA) JUDGE Yes/No Yes/No Pending misc. application(s), if any, shall stand(s) disposed off. SANJAY GUPTA 2025.09.17 12:26 I attest to the accuracy and integrity of this document