RFA No.632 of 20 IN THE HIGH COURT OF PUNJAB AND HARYANA Smt. Angoori State of Haryana CORAM: HON'BLE Present: Mr. for the applicant Mr. HARKESH MANUJA, J. (ORAL) CM-4696-CI-202 This is an application for recalling of the judgment dated 21.04.2017 passed in the main appeal. 2. Notice of the application to non already been issued on 3. In the present case, in under Section 4 of the Act issued on dated 06.02.2009 appellant(s) and other landowners Fajjupur Majra Neemka, Baroli, Tehsil & District Faridabad, was acquired. The public purpose for acquisition of the land was stated to be Development & Utilization residential and commercial Acquisition Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), of 2017 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CM-4696- RFA No.632 Date of Decision: Versus State of Haryana & Ors. HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Kulbhushan Sharma, Advocate for the applicant-appellant/ landowner. Mr. Abhishek Yadav, DAG, Haryana. --- HARKESH MANUJA, J. (ORAL) 2023 This is an application for recalling of the judgment dated passed in the main appeal. Notice of the application to non already been issued on 12.01.2024. In the present case, in pursuance to Haryana Govt. Notification under Section 4 of the Act issued on 07.02.2008 06.02.2009 under Section 6 thereof, the land, including the land of and other landowners, situated in the revenue estate of Fajjupur Majra Neemka, Bhatola, Neemka, Faridpur, Murtajapur and Badoli/ Tehsil & District Faridabad, was acquired. The public purpose for acquisition of the land was stated to be Development & Utilization residential and commercial of Sectors 76 to 78 Acquisition Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH --CI-2023 in/and 632 of 2017 (O&M) Date of Decision: 01.09.2025 …...Appellant ..….Respondents MR. JUSTICE HARKESH MANUJA , Advocate appellant/ landowner. , DAG, Haryana. This is an application for recalling of the judgment dated Notice of the application to non-applicants/ respondents has pursuance to Haryana Govt. Notification 07.02.2008, followed by Notification under Section 6 thereof, the land, including the land of , situated in the revenue estate of Village , Neemka, Faridpur, Murtajapur and Badoli/ Tehsil & District Faridabad, was acquired. The public purpose for acquisition of the land was stated to be Development & Utilization 76 to 78, Faridabad. The Land Acquisition Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), This is an application for recalling of the judgment dated applicants/ respondents has pursuance to Haryana Govt. Notification , followed by Notification under Section 6 thereof, the land, including the land of Villages , Neemka, Faridpur, Murtajapur and Badoli/ Tehsil & District Faridabad, was acquired. The public purpose for acquisition of the land was stated to be Development & Utilization as , Faridabad. The Land Acquisition Collector, Urban Estate, Faridabad, Haryana (for short “LAC”), SANJAY GUPTA 2025.09.03 16:28 I attest to the accuracy and integrity of this document RFA No.632 of 20 vide Award dated Rs. 42,00,000/- 4. Aggrieved thereof, the applicant preferred reference under Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, wherein the Reference Court enhanced the compensation to Rs.1052/ The said award of the Reference Court was assaile way of accompanying Regular First Appeal which came to be disposed of by this Court vide order dated 7108-2012 titled as and anr.” 5. Though the applicant did not assail the order dated passed by this Court before the Hon’ble Apex Court, however, other similarly situated landowners availed their remedies before the Hon’ble Supreme Court and the market value with respect to the proceedings was finally determined vide judgment dated 14.07.2021 passed in Civil Appeal No. 2903 of Haryana and ors 6. Both the learned counsel are squarely covered with the judgment of arising out of the same acquisition / Notification dated the same revenue estate i.e. Faridpur, Bhatola and Murtajapur landowners have been held entitled for the enhanced amount of compensation @ per square yard, respectively, along with solatium and other statutory benefits. of 2017 (O&M) vide Award dated 22.05.2012, assessed the market value of acquired land @ - per acre alongwith other statutory benefits. ggrieved thereof, the applicant preferred reference under Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, wherein the Reference Court enhanced the compensation to Rs.1052/ The said award of the Reference Court was assaile way of accompanying Regular First Appeal which came to be disposed of by this Court vide order dated 21.04.2017 in terms of the order passed in RFA 2012 titled as Rampal and others Vs. Land Acquisition Collector hough the applicant did not assail the order dated passed by this Court before the Hon’ble Apex Court, however, other similarly situated landowners availed their remedies before the Hon’ble Supreme Court and the market value with respect to the proceedings was finally determined vide judgment dated 14.07.2021 passed in Civil Appeal No. 2903-2021, titled as Banwari Lal and another vs. State of Haryana and ors. Both the learned counsel are ad idem squarely covered with the judgment of Banwari Lal’s case arising out of the same acquisition / Notification dated the same revenue estate i.e. Villages Fajjupur Majra Neemka, Neemka, Faridpur, Bhatola and Murtajapur Tehsil & District Faridabad, whereby the landowners have been held entitled for the enhanced amount of compensation @ Rs.2509/-, Rs.2186/-, Rs.1778/ per square yard, respectively, along with solatium and other statutory , assessed the market value of acquired land @ per acre alongwith other statutory benefits. ggrieved thereof, the applicant preferred reference under Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, wherein the Reference Court enhanced the compensation to Rs.1052/- per sq. yards. The said award of the Reference Court was assailed before this Court by way of accompanying Regular First Appeal which came to be disposed of by in terms of the order passed in RFA Rampal and others Vs. Land Acquisition Collector hough the applicant did not assail the order dated 21.04.2017 passed by this Court before the Hon’ble Apex Court, however, other similarly situated landowners availed their remedies before the Hon’ble Supreme Court and the market value with respect to the present acquisition proceedings was finally determined vide judgment dated 14.07.2021 passed Banwari Lal and another vs. State ad idem that the present appeal Banwari Lal’s case (supra), which is arising out of the same acquisition / Notification dated 07.02.2008 covering Villages Fajjupur Majra Neemka, Neemka, hsil & District Faridabad, whereby the landowners have been held entitled for the enhanced amount of , Rs.1778/-, Rs.2396/- and Rs.2376/ per square yard, respectively, along with solatium and other statutory , assessed the market value of acquired land @ ggrieved thereof, the applicant preferred reference under Section 18 of the Land Acquisition Act 1894, for short ‘the Act’, wherein the per sq. yards. d before this Court by way of accompanying Regular First Appeal which came to be disposed of by in terms of the order passed in RFA- Rampal and others Vs. Land Acquisition Collector 21.04.2017 passed by this Court before the Hon’ble Apex Court, however, other similarly situated landowners availed their remedies before the Hon’ble Supreme present acquisition proceedings was finally determined vide judgment dated 14.07.2021 passed Banwari Lal and another vs. State that the present appeal is (supra), which is 2008 covering Villages Fajjupur Majra Neemka, Neemka, hsil & District Faridabad, whereby the landowners have been held entitled for the enhanced amount of and Rs.2376/- per square yard, respectively, along with solatium and other statutory SANJAY GUPTA 2025.09.03 16:28 I attest to the accuracy and integrity of this document RFA No.632 of 20 7. Based upon the above, applying the principle of parity, besides award of just and fair compensation judgment rendered by the Hon’ble Apex Court in Angadi (Dead) through LRs Vs. Special Land Acquisition another, (2020) 19 SCC 599 situated is held entitled for grant of similar amount of compensation as has been awarded to other landowners vide judgment dated 13/14.07.2021 in case of Banwari Lal interest thereupon as provided under the Act, except interest between the filing of the present recalling application dated 8. In view of the above, the application is allowed and the main appeal is ordered to be restored to its original number and taken up on board today itself. MAIN CASE: In view of the order passed in CM is disposed of in terms of the judgment dated 14.07.2021 passed in Civil Appeal No. 2903 Haryana and ors i.e. the date of decision of the main appeal till th recalling application dated 26.09.2023 2. Pending misc. application(s), if any, shall stand(s) disposed off. 01.09.2025 sanjay Whether speaking/reasoned? Whether Reportable? of 2017 (O&M) Based upon the above, applying the principle of parity, besides award of just and fair compensation and also placing reliance upon the judgment rendered by the Hon’ble Apex Court in Angadi (Dead) through LRs Vs. Special Land Acquisition another, (2020) 19 SCC 599, the landowner / appellant being similarly held entitled for grant of similar amount of compensation as has been awarded to other landowners vide judgment dated 13/14.07.2021 in Banwari Lal (supra), alongwith all other statutory benefits and interest thereupon as provided under the Act, except between 21.04.2017 i.e. the date of decision of the main appeal till the filing of the present recalling application dated In view of the above, the application is allowed and the main appeal is ordered to be restored to its original number and taken up on board In view of the order passed in CM of in terms of the judgment dated 14.07.2021 passed in Civil Appeal No. 2903-2021, titled as Banwari Lal and another vs. State of Haryana and ors., but without the payment of interest i.e. the date of decision of the main appeal till th recalling application dated 26.09.2023. Pending misc. application(s), if any, shall stand(s) disposed off. (HARKESH MANUJA) Whether speaking/reasoned? Whether Reportable? Based upon the above, applying the principle of parity, besides and also placing reliance upon the judgment rendered by the Hon’ble Apex Court in Ningappa Thotappa Angadi (Dead) through LRs Vs. Special Land Acquisition Officer and , the landowner / appellant being similarly held entitled for grant of similar amount of compensation as has been awarded to other landowners vide judgment dated 13/14.07.2021 in ), alongwith all other statutory benefits and interest thereupon as provided under the Act, except for the payment of i.e. the date of decision of the main appeal till the filing of the present recalling application dated 26.09.2023. In view of the above, the application is allowed and the main appeal is ordered to be restored to its original number and taken up on board In view of the order passed in CM-4696-CI-2023, the main appeal of in terms of the judgment dated 14.07.2021 passed in Civil Banwari Lal and another vs. State of payment of interest between 21.04.2017 i.e. the date of decision of the main appeal till the filing of the present Pending misc. application(s), if any, shall stand(s) disposed off. (HARKESH MANUJA) JUDGE Yes/No Yes/No Based upon the above, applying the principle of parity, besides and also placing reliance upon the Ningappa Thotappa Officer and , the landowner / appellant being similarly held entitled for grant of similar amount of compensation as has been awarded to other landowners vide judgment dated 13/14.07.2021 in ), alongwith all other statutory benefits and payment of i.e. the date of decision of the main appeal till In view of the above, the application is allowed and the main appeal is ordered to be restored to its original number and taken up on board , the main appeal of in terms of the judgment dated 14.07.2021 passed in Civil Banwari Lal and another vs. State of 21.04.2017 e filing of the present Pending misc. application(s), if any, shall stand(s) disposed off. SANJAY GUPTA 2025.09.03 16:28 I attest to the accuracy and integrity of this document