RFA-6848-2015 (O&M) and other connected cases -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-6848-2015 (O&M) and other connected cases Reserved on: 06.03.2025 Date of decision: 19.03.2025 CHANDER KANTA AND ANOTHER ..Appellants Versus STATE OF HARYANA AND OTHERS ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. M.L. Sharma, Advocate Mr. Sushil K. Sharma, Advocate for the appellants-landowners. Mr. Ajay Jain, Advocate Mr. Mohit Kakkar, Advocate for the applicant (in CM-5243-CI-2021 in RFA-6718-2015). Ms. Vibha Tewari, AAG, Haryana. ANIL KSHETARPAL, J. 1. Preface:- 1.1 With the consent of learned counsel representing the parties, a batch of 33 connected cross Regular First Appeals (detail whereof is given at the foot of the judgment) requiring assessment of the market value of the acquired land at village Agroha shall stand disposed of by this common order. MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -2- 1.2 The relevant and important details of the acquisition are as under:- Sr. No. Particulars Important dates and details 1. Date of Notification under Section 4 of the Land Acquisition Act, 1894 (in short ‘1894 Act’) 15.01.2008 2 Date of Notification under Section 6 of the 1894 Act. 10.08.2008 3. Award No. 06 dated 08.09.2010 4. Total land acquired 202.40 acres 5. Purpose of acquisition For developing residential Section 6 by Haryana Urban Development Authority (in short ‘HUDA’) in Villages Agroha and Mirpur. 6. Market value assessed in the Award passed by the Land Acquisition Collector (in short ‘LAC’) Rs.8,00,000/- per acre. 7. The RC has dismissed the petitions filed under Section 18 of the ‘1894 Act’. 31.07.2015 Note: Subsequently, the landowners were offered Rs.12,00,000/- per acre. Ultimately, the landowners were paid Rs.16,00,000/- per acre by the government. 1.3 The acquired land located in village Mirpur is in the following rectangle numbers:- “i. Rectangle No.30 ii. Rectangle No.31 iii. Rectangle No.50 iv. Rectangle No.51 v. Rectangle No.52 vi. Rectangle No.115” 1.4 The acquired land located in village Agroha is in the following rectangle numbers:- “i. Rectangle No.93 ii. Rectangle No.94 iii. Rectangle No.95 MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -3- iv. Rectangle No.96 v. Rectangle No.112 vi. Rectangle No.113 vii. Rectangle No.117 viii. Rectangle No.118” 1.5 At this stage, it is appropriate to notice the meaning of various words/phrases/expressions used while referring to the size of a unit of an agricultural land prevalent in the State of Haryana:- 1 Rectangle = 5 X 5 = 25 Acre (Rectangular shape) 1 Acre (Rectangular shape) = 160 Marlas 8 Kanal = 1 Acre 1 Kanal = 20 Marlas (605 sq. yards) 1 Acre = 4840 Sq. Yards 1 Marla = 30.25 Sq. Yards 1 Inch = 2.54 cm 1 Foot = 12 Inch 1 Sq. Feet = 12 X 12 = 144 Inch 1 Yard = 3 Feet 1 Sq. Yard = 9 Sq. Feet 100 Sq. Yards = 900 Sq. Feet 1 Kanal = 0.125 Acre 1 Marla = 0.00625001 Acre // = Rectangle / = Killa/acre/khasra number 2. Brief facts:- 2.1 HUDA, now referred to as ‘HSVP’ is an instrumentality of the State, which carries on the work of colonization and plan development of the cities and sub-urban areas. The acquired land is sought to be developed into a residential sector. 2.2 The landowners claim that the market value of the acquired land was not less than Rs.155.5/- crore per acre as Village Agroha is a historic place and has importance not only in India but in the entire world. It is believed that forefathers of Aggarwal community belong to Village Agroha. MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -4- Agroha Dham is situated just opposite to the acquired land, which includes Temple of Hindu idols, ponds and shops. Maharaja Agrasen Medical College and Research Institute is also located adjacent to the acquired land. Village Agroha is located on National Highway No.10 (in short ‘NH-10’) between Hisar and Fatehabad districts. There are important schools, colleges, hospitals, industries, veterinary hospitals, grain market, police station, shops and commercial establishment, near the acquired land. In response, the State claims that the LAC has correctly assessed the market value. 2.3 In oral evidence, the landowners have examined the following witnesses:- PW-1 Jai Singh PW-2 Bhup Singh PW-3 Sita Ram, Patwari PW-4 Hoshiar Singh PW-5 Ram Sarup Chugh PW-6 Jaipal PW-7 Rajesh PW-8 Partap 2.4 Apart from the sale deeds, the landowners have produced the following documentary evidence:- Ex.P-3 The Imperial Gazetteer of India Ex.P-4 Haryana District Gazetteers Ex.P-5 Copy of Award No.6 dated 08.09.2010 Ex.P-6 Copy of Award No.7 dated 12.01.2011 Ex.P-7 Copy of Award No.8 dated 27.01.2011 Ex.P-8 Copy of list of rate land within municipal limit Ex.P-9 Copy of letter No.2036 dt. 17.11.2008 Ex.P-10 Copy of letter No.3890-91 dt. 01.10.08 Ex.P-11 Copy of layout plan MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -5- Ex.P-12 Copy of Jamabandi for the year 2011-12 Ex.P-13 Copy of Jamabandi for the year 2011-12 Ex.P-14 Copy of mutation Ex.P-15 Copy of registration letter of society Ex.P-16 Copy of lease deed dated 13.11.2010 Ex.P-17 Copy of affidavit of Sh. Salig Ram Gupta 2.5 RW-1 Sita Ram, Patwari, was examined by HUDA and the following documentary evidence were produced:- Ex.R-1 Copy of Award No.6 dated 08.09.2010 Ex.R-2 Copy of Registry Ex.R-18 Layout plan 2.6 At this stage, it is considered appropriate to compile the complete information in respect of the various sale deeds produced by the parties in a tabulated form:- SALE DEED PRODUCED BY THE LANDOWNERS Sr. No. Exhibits Sale deed Number and Date Total Area (in K-M)/ Sale consideration (in Rs.) Total Sq. Yards (in sq. yd.) Rate per sq. yards (in Rs.)/ Per acre rate (in Rs.) Village 1 P1 11753 dt. 26.2.2007 27-6 90,46,537/- 16516.5 547.72/- 26,50,964.8/- Agroha 2 P2 12992 dt. 23.3.2007 8-0 31,10,000/- 4840 642.56/- 31,09,990.4/- Agroha 3 P18 5055 dt. 23.07.2007 0-5 2,40,000/- 160 1500/- 72,60,000/- Agroha 4 P19 1913 dt.10.06.2009 0-5 4,00,000/- 160 2500/- 1,21,00,000/- Agroha 5 P20 2599 dt. 29.05.2012 1-16 22,50,000/- 1086 2073.73/- 1,00,36,853.2/- Agroha SALE DEED PRODUCED BY THE STATE 1 R3 9307 dt. 22.2.2006 12-16 6,75,000/- 7744 87.16/- 4,21,854.4/- Meerpur 2 R4 4635 dt. 12.7.2007 2-13 3,20,000/- 1603.25 199.59/- 9,66,015.6/- Agroha 3 R5 4634 dt. 12.7.2007 7-11 380000/- 4567.75 83 19 /- 4,02,63,960/- Agroha 4 R6 4633 dt. 12.7.007 6-7 317500/- 3841.75 82.64/- 3,99,977.6/- Agroha MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -6- 5 R7 5446 dt. 27.7.2006 6-0 2,25,000/- 3630 61.98/- 2,99,983.2/- Agroha 6 R8 9316 dt. 22.12.2006 19-0 831500/- 11495 72.34/- 3,50,125.6/- Agroha 7 R9 10051 dt. 14.12.2007 6-9 3,22,500/- 3902.25 82.64/- 3,99,977.6/- Agroha 8 R10 10581 dt. 28.12.2007 25-5 1265000/- 15276.25 82.95/- 4,00,026/- Agroha 9 R11 5015 dt. 27.7.2006 6-0 2,65,000/- 3630 73.14/- 3,53,997.6/- Agroha 10 R12 11303 dt. 19.1.2005 1-0 22500/- 605 37.19/- 1,79,999.6/- Agroha 11 R13 4630 dt. 12.7.2007 10-0 5,00,000/- 6050 82.64/- 3,99,977.6/- Agroha 12 R14 5643 dt. 8.8.2007 8-0 10,00,000/- 4840 206.61/- 9,99,992.4/- Agroha 13 R15 6499 dt. 31.8.2007 2-0 1,00,000/- 1210 82.64/- 3,99,977.6/- Agroha 14 R16 10442 dt. 22.1.2007 6-8 2,70,000/- 3872 69.73/- 3,37,493.2/- Meerpur 15 R17 11225 dt. 13.2.2007 19-3 1197000/- 11585.75 103.32/- 5,00,068.8/- Agroha 3. Arguments addressed:- 3.1 Mr. M.L. Sharma, the landowners’ counsel has filed a detailed note of his written submissions. An application for permission to lead additional evidence has also been filed in RFA-6848-2015, seeking permission of the Court to produce the following documents:- “Letter of allotment issued by the Estate Officer, HUDA, bearing Memo No.309 dated 04.01.2018 vide which the land acquired measuring 194.68 acre have been allotted in favour of the Nuclear Power Corporation of India Ltd. (NPCIL) at Agroha, District Hisar, at the total amount of Rs. 162.02 crores (Annexure A- 1). ii. Index Plan of Proposed Controlled Area Around Government High School P.H. Centre Agroha (Annexure A -2). iii. Final Development Plan 2031 A. D for the Controlled Area Around Govt. High School, P.H. Centre, Agroha dated 23.01.2019/03.07.2019 Drawing No. 3672/19 (Annexure A-3) showing the acquired land in YELLOW Colour, Agroha Medical College in RED Lines, National Highway in BLACK Lines, Transactions Exhibit p-1 and Exhibit p-2 in RED Colour, Commercial area in BLUE Lines and other important places showing the potentiality of the land for residential & commercial purpose, Abadi of the village Agroha has also been shown. MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -7- iv. The Applicants also want to produce in additional evidence Exhibit P-1 and Exhibit P-2 (Annexure A-4 & A-5) the sale transactions which has also been produced before the Ld. Reference Court and have been ignored being of the acquired area and those are proved one being genuine one. v. Further, to substantiate their case, the Applicants also want to adduce the location plan, Agroha, Hisar, prepared by the Landowner (s) on the basis of Final Development Plan 2031 A.D. for the Controlled Area around Govt. High School, P. H. Centre, Agroha (Annexure A- 6).” 3.2 Learned counsel representing the appellant has made the following submissions:- i. Layout plan produced by the State Ex.R-18 is incorrect. ii. The landowners produced various sale exemplar, however, he relied upon sale deeds Ex.P-1 and Ex.P-2 to contend that the sale deed Ex.P-3 is of the acquired land, hence, it should have been relied upon by the RC. 3.3 He further submitted that the sale instance Ex.P-2 is also not far away from the acquired land. 3.4 Mr. Ajay Jain, the landowners’ counsel submitted that notification under Section 4 of the ‘1894 Act’ was issued in the year 1988 for acquiring land to establish medical college in the adjacent land, which ultimately was developed in the year 1990. Hence, the acquired land was no longer agricultural land because it is located near a residential area. 3.5 Per contra, learned counsel representing the respondent defended the market value assessed by the LAC, which has been upheld by the RC. MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -8- 4. Discussion & Analysis:- 4.1 This Bench has heard the learned counsel representing the parties at length and with their able assistance perused the paperbook along with requisitioned record in the lead case. 4.2 First of all, the award passed by the RC is required to be analyzed. After discussing various sale instances produced by the parties, the RC zeroed down on sale instance Ex.R-14 while making observation that this parcel of land is just near to the acquired land and is located on National Highway. Thereafter, Ex.R-16, Ex.R-17 were discussed and the Court found that Ex.R-14 can be relied upon to assess the market value. 4.3 It is evident from the layout plans produced by the State and landowners that the land comprised in Rectangle No.117 is part of the acquisition. Sale instance Ex.P-3 (23.03.2007) is with respect to 1 acre of land comprised in Rectangle No.117, Khasra No.6, which is very much part of the acquired land. This sale instance is executed approximately 10 months before the notification dated 15.01.2008 was issued. On close scrutiny of the layout plans, it is evident that a compact rectangular block of land has been acquired for developing Sector 6, HUDA. There is a narrow strip of land, which has been acquired for carving out passage from National Highway till the acquired land. This passage is located in Rectangle No.135. Furthermore, Village Agroha and Mirpur are abutting each other. 4.4 It appears that RC was misled by layout plan Ex.R-18, produced by the State. On its careful perusal, it is evident that it has not been correctly prepared. If we compare Ex.R-18 with the layout plan produced by the landowners, it becomes evident that Ex.R-18 does not depict the correct MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -9- location of sale instance Ex.R-14, which has been relied upon by the RC. Rectangle No.109 has been shown abutting Rectangle No.112, which is against the scheme of consolidation. During consolidation of holdings of the agricultural land in the village, the entire land is divided into rectangles consisting of 25 acres of land. The first rectangle, i.e. rectangle No.1 by established practice, starts from North-Eastern corner of the village and keeps increasing in seriatum towards South-East. Thereafter, the next row of the rectangle starts once we travel from South-East to South-West. The numbers keep increasing towards North-East. In a spiral shape, the numbers keep increasing. Rectangle numbers are never placed in odd manner. On one side of Rectangle No.112, there were be 111 and on other side it will be 113. For eg. on the South-East of Rectangle No.112 would be Rectangle No.111, whereas, on South-West there would be Rectangle No.113. Hence, the layout plan produced by the State Ex.R-18 is not correct. 4.5 It is also proved on the file that for establishing medical college, notification under Section 4 of the ‘1894 Act’ was issued in the year 1980 to acquire land comprised in Rectangle Nos.90, 91, 92, 97, 98, 98, 99, 109, 110, 111, 119, 120 and 134. Rectangle No.109 and 120 are on NH-10. Some part of the land comprised in Rectangle No.121 was also acquired, whereas, remaining part is across the road. There is a mount of sand in a huge area covering approximately 5 rectangles that means 125 acres. On a careful perusal of sale deed Ex.R-14, it becomes evident that it is with respect to ‘Barani’ land. In this area ‘Barani’ denotes a parcel of land, that does not have irrigation facility either from canal or tubewell. The agriculture operations are dependent on Weather God. Moreover, it is evident that the MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -10- land comprised in Rectangle No.117, Khasra No.6 is part of the acquired land. 4.6 On a careful perusal of Ex.P-11, it becomes that Primary Health Centres, Government Stadium, Water Works, residential area of the village Agroha are located nearby. In fact, the acquired land abuts the already existing residential area of the village. The land comprised in Rectangle No.121 though located on National Highway is at a distance. It is opposite Medical college. 4.7 Hence, the RC was mislead by Ex.R-18. 4.8 The acquired land is predominantly ‘Chahi’. The word ‘chahi’ denotes the agricultural land, which has the facility of irrigation either from tubewell or canal. Perusal of sale instance Ex.P-2 proves that there existed irrigation facility. The irrigation was through canal because the land has been described as ‘Nehri’ in the sale deed. Moreover, the sale instances Ex.R-4, R-5, R-6 R-7 and Ex.R-8 are with respect to parcels of land, which were already in possession of the purchasers for the last 50 years. Thus, these sale instances cannot be relied upon to assess the market value of the acquired land. Sale instance Ex.R-3 is with respect to land located in village Hamirpur comprised in Rectangle Nos.27 and 34. Similarly, sale exemplar Ex.R-9 is out of Rectangle No.179, which would be at distance from the acquired land. Sale instance Ex.R-10, R-11, R-12 & R-13 are also expected to be at a sufficient distance because these parcels of land have been sold out of Rectangle No.172, 176, 198, 200. 4.9 Hence, Ex.P-2 is the most appropriate sale exemplar because it is part of the acquired land. The land has been sold at the rate of MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -11- Rs.31,10,000/- per acre. No evidence has been led by the State to prove that sale deed was over prized or was not genuine. 4.10 There is a gap of 10 months for which there shall be increase by 10% because the property was located near residential area and surrounded by already established Medical College and Hospital. Hence, the amount works out to be Rs.34,21,000/- per acre. 4.11 In application for filing additional evidence, the landowners have sought permission to produce letter of allotment dated 04.01.2018, issued by HUDA in favour of Nuclear Power Corporation of India allotting 194.68 acres of land for residential colony, however, this cannot be relied upon because not only it is out of the developed land but also 10 years post the date of notification i.e. 15.01.2008. As per Part I of Section 23(1), the market value of the acquired land is required to be assessed as on the date of notification under Section 4 of the ‘1894 Act’ i.e. 15.01.2008. Document No. (ii) and (iii) are index and final development plan for the year 2031. Sale deeds dated 26.02.2007 and 23.03.2007 are already exhibited as Ex.P-1 and Ex.P-2. Hence, these documents cannot again be permitted to be produced in additional evidence. The last document is location plan, which already is part of the record. 4.12 Moreover, the landowners are entitled to compensation while relying upon the comparable sale instance of contemporaneous period, reflecting highest price because the State in exercise of its power of eminent domain is statutorily taking away the land of the owners against their wishes. MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -12- 5. Decision:- 5.1 With these observations, all the appeals filed by the landowners shall stand allowed. The market value of the acquired land is assessed at Rs.34,21,000/- per acre along with all statutory benefits. 5.2 All the pending miscellaneous applications, if any, are also disposed of. 19th March, 2025 (ANIL KSHETARPAL) Ayub JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sr. No. Case No. Appellant(s) Respondent(s) 1 RFA-6848-2015 CHANDER KANTA AND ANOTHER STATE OF HARYANA AND OTHERS 2 RFA-6501-2015 UMED SINGH & ORS STATE OF HARYANA & ANR 3 RFA-6502-2015 AMAR BAI AND ORS STATE OF HARYANA AND ANR 4 RFA-6503-2015 BHAWAR SINGH & ORS STATE OF HARYANA & ANR 5 RFA-6504-2015 RAM SINGH AND ORS STATE OF HARYANA AND ANR 6 RFA-6505-2015 BALBIR SINGH STATE OF HARYANA AND ANR 7 RFA-6710-2015 RANDHIR SINGH STATE OF HARYANA AND ORS 8 RFA-6711-2015 BALBIR SINGH STATE OF HARYANA & ANR 9 RFA-6712-2015 DHAPA & ORS STATE OF HARYANA & ANR 10 RFA-6713-2015 SHISH PAL & ORS STATE OF HARYANA & ANR 11 RFA-6714-2015 JAIPAL HARYANA URBAN DEVELOPMENT AUTHORITY & ANR 12 RFA-6715-2015 INDRAWATI AND ANR HARYANA URBAN DEVELOPMENT AUTHORITY AND ANR 13 RFA-6716-2015 BAKSHISH SINGH & ORS STATE OF HARYANA & ANR 14 RFA-6717-2015 ALKA & ANR HARYANA URBAN DEVELOPMENT AUTHORITY & ANR 15 RFA-6718-2015 JUGAL DASS & ORS STATE OF HARYANA & ANR 16 RFA-6844-2015 AMAR BAI AND ORS STATE OF HARYANA AND ANR 17 RFA-6845-2015 RAM KUMAR (DECEASED) THROUGH LRS AND ORS STATE OF HARYANA AND ANR 18 RFA-6846-2015 PARTAP AND ORS STATE OF HARYANA AND ANR MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment. RFA-6848-2015 (O&M) and other connected cases -13- 19 RFA-6847-2015 BHAGWAN DASS (DECEASED) THROUGH LRS AND ANR STATE OF HARYANA AND ANR 20 RFA-6849-2015 SAMUNDER SINGH (DECEASED) THROUGH LRS AND ANR STATE OF HARYANA AND ORS 21 RFA-6850-2015 RAM KUMAR AND ORS STATE OF HARYANA AND ANR 22 RFA-6851-2015 BHUP SINGH STATE OF HARYANA AND ORS 23 RFA-6852-2015 RAMJI LAL (DECEASED) THROUGH LRS AND ORS STATE OF HARYANA AND ANR 24 RFA-6853-2015 PARVEEN KUMAR AND ORS STATE OF HARYANA AND ANR 25 RFA-6854-2015 RAMJI LAL (DECEASED) THROUGH LRS AND ORS STATE OF HARYANA AND ANR 26 RFA-6855-2015 BAKSHIS SINGH AND ORS STATE OF HARYANA AND ORS 27 RFA-6856-2015 AJIT SINGH AND ORS HARYANA URBAN DEVELOPMENT AUTHORITY & ANR 28 RFA-6857-2015 BALBIR SINGH STATE OF HARYANA AND ORS 29 RFA-6858-2015 BAKSHIS SINGH AND ORS STATE OF HARYANA AND ANR 30 RFA-6859-2015 BIRBAL AND ANR STATE OF HARYANA AND ANR 31 RFA-6860-2015 SURJEET AND ORS STATE OF HARYANA AND ANR 32 RFA-6861-2015 PARTAP AND ORS STATE OF HARYANA AND ORS 33 RFA-714-2016 MAHARAJA AGRASAIN AGROHA CO-OPERATIVE STATE OF HARYANA AND ORS 19th March, 2025 (ANIL KSHETARPAL) Ayub JUDGE MOHD AYUB 2025.04.04 15:25 I attest to the accuracy and authenticity of this order/judgment.