Research › Search › Judgment

High Court of Punjab and Haryana · body

2026 DAILYLAW 32636 (PNJ)

STATE OF HARYANA & ORS v. SURAT SINGH & ORS

RFA/4459/2018 · 2026-07-20

Jagmohan Bansal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 264 Date of Decision: 20.07.2026 1. RFA-4459-2018 (O&M) State of Haryana and Another ...Appellant(s) Versus Suraj Singh and Others ...Respondent(s) And Sr. No. Case No. Appellant(s) Respondent(s) 2. RFA-1460-2021 (O&M) Harkesh (deceased) through LR(s) and others State of Haryana and others 3. RFA-1471-2021 (O&M) Harkesh (deceased) through LR(s) and others State of Haryana and others 4. RFA-2463-2021 (O&M) Sher Singh (deceased) through LR(s) State of Haryana and others 5. RFA-2399-2021 (O&M) Rajbir State of Haryana and others 6. RFA-2363-2021 (O&M) Hari Singh (deceased) through LR(s) and others State of Haryana and others 7. RFA-2501-2021 (O&M) Jai Pal and another State of Haryana and others 8. RFA-2633-2021 (O&M) Dalip (deceased) through LR(s) and another State of Haryana and others 9. RFA-2122-2021 (O&M) Dhan Singh and others State of Haryana and others 10. RFA-2142-2021 (O&M) Lekram @ Lekhram and others State of Haryana and others 11. RFA-2125-2021 (O&M) Bhagwani and others State of Haryana and others 12. RFA-4446-2018 (O&M) State of Haryana and others Dharambir 13. RFA-4468-2018 (O&M) State of Haryana and others Satpal Singh and others 14. RFA-4462-2018 (O&M) State of Haryana and others Shri Ram (deceased) through LR(s) and others 15. RFA-4467-2018 (O&M) State of Haryana and others Harpal and others 16. RFA-4455-2018 (O&M) State of Haryana and others Chandan Singh and others 17. RFA-4460-2018 (O&M) State of Haryana and others Bodan and others 18. RFA-4463-2018 (O&M) State of Haryana and others Harkesh (deceased) through LR(s) and others 19. RFA-4457-2018 (O&M) State of Haryana and others Gian Singh 20. RFA-2634-2021 (O&M) Ghotli (Deceased) Through State of Haryana and others PRINCE CHAWLA 2026.07.22 16:26 I attest to the accuracy and integrity of this document RFA-4459-2018 (O&M) and other connected matters -2- LRs and others 21. RFA-4451-2018 (O&M) State of Haryana and others Sher Singh and another 22. RFA-4442-2018 (O&M) State of Haryana and others Nanak Ram and others 23. RFA-4447-2018 (O&M) State of Haryana and others Chhaju Ram 24. RFA-4458-2018 (O&M) State of Haryana and others Hari Singh (deceased) through LR(s) and others 25. RFA-4456-2018 (O&M) State of Haryana and others Laxmi Narain and others 26. RFA-4466-2018 (O&M) State of Haryana and others Harkesh (deceased) through LR(s) and others 27. RFA-4445-2018 (O&M) State of Haryana and others Lekram and others 28. RFA-4443-2018 (O&M) State of Haryana and another Bhagwani and others 29. RFA-4461-2018 (O&M) State of Haryana and others Ghotli (deceased) through LR(s) and others 30. RFA-4454-2018 (O&M) State of Haryana and others Yashbir Singh and others 31. RFA-4450-2018 (O&M) State of Haryana and others Dhan Singh and others 32. RFA-4465-2018 (O&M) State of Haryana and others Mahipal and others 33. RFA-4464-2018 (O&M) State of Haryana and others Hem Chand and others 34. RFA-4449-2018 (O&M) State of Haryana and others Mahipal and others 35. RFA-882-2019 (O&M) State of Haryana and others Rajbir and another CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Amit Kumar Jain, Advocate for the appellants in RFA Nos.2634, 1460, 1471, 2363, 2633, 2122, 2142 and 2155 of 2021 and for the respondents in RFA No.4442 of 2018. Ms. Kajal, Advocate and Mr. Indresh Goel, Advocate for the appellant. Mr. Sanjay Mittal, Advocate for Mr. Vivek Goyal, Advocate for the appellants in RFA Nos.2463, 2399 and 2507 of 20121. Mr. Abhinash Jain, Addl. A.G., Haryana. *** PRINCE CHAWLA 2026.07.22 16:26 I attest to the accuracy and integrity of this document RFA-4459-2018 (O&M) and other connected matters -3- JAGMOHAN BANSAL, J. (ORAL) 1. These appeals are directed against awards passed by the Reference Court. The State is claiming that assessed market value needs to be reduced and landowners are claiming otherwise. Tabulated details of the assessment made till date read as: 1. Date of notification under Section 4 26.09.2006 2. Date of notification under Section 6 07.02.2007 3. Purpose of acquisition Constructing Budhpur Distributory 4. Location Village -Lisana -Gokalgarh -Ashpur Tehsil - Rewari District - Rewari 5. Date of order of Collector (LAC) 12.02.2008 6. Market value as per LAC (per acre) ₹ 16,00,000/- 7. Date of Reference Court (RC) order 16.05.2018 8. Market value as per RC (per acre) ₹ 48,93,240/- 2. As common issues are involved in the captioned appeals & cross-objections filed by landowners as well as State, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from RFA-4459-2018. 3. The appellant-State is seeking setting aside of award dated 16.05.2018 whereby learned Additional District Judge, Rewari (hereinafter called as ‘Reference Court’) has enhanced amount of compensation. 4. Learned State counsel submits that foundation of impugned award passed by Reference Court is judgment of this Court in “State of PRINCE CHAWLA 2026.07.22 16:26 I attest to the accuracy and integrity of this document RFA-4459-2018 (O&M) and other connected matters -4- Haryana and Others Vs. Ghisa Ram”, RFA-7398-2011. Judgment of this Court in Ghisa Ram (supra) is based upon judgment dated 19.02.2016 passed in “Harphool Vs. State of Haryana”, RFA-48-2012 which in turn was based upon judgment dated 29.01.2016 passed in “Lala Ram Vs. State of Haryana and Others”, RFA-3341- 2011. In Lala Ram (supra), the Court did not consider exemplar sale deeds and determined market value on guess work. In the present case, value has been determined on the basis of judgment passed in Ghisa Ram (supra). Hon’ble Supreme Court in “Manoj Kumar Vs. State of Haryana”, (2018) 13 SCC 96 has held that award passed with respect to other lands should not be mechanically applied. Market value should be determined keeping in mind size, location and date of acquisition. In the present case, Reference Court has not considered sale transactions whereas applied value determined in Ghisa Ram (supra). 5. Per contra, learned counsel for landowners submit that villages Gokulgard, Windogarh, Khaspur and Lisana are adjoining to each other and fall within the same Tehsil and District. The value determined in Ghisa Ram (supra) and “Rajender Singh and Others Vs. State of Haryana”, RFA-7146-2012 reported in Law Finder as Doc Id # 2761089 cannot be ignored. The respondent developed the area of District Rewari. Land was acquired in piecemeal, thus, on different dates notifications under Section 4 were issued. The respondent cannot make discrimination on the basis of utilization of land. The respondent could not assess the value of land at a higher rate which was utilized for roads and at lower rates which was utilized for other purposes. PRINCE CHAWLA 2026.07.22 16:26 I attest to the accuracy and integrity of this document RFA-4459-2018 (O&M) and other connected matters -5- 6. Heard the arguments and perused the record. 7. Learned counsel for the parties are ad idem that delay in filing any appeal which is part of present bunch may be condoned. Accordingly, delay, if any, in any case, stands condoned. It is clarified that landowners shall not be entitled to interest for the delayed period. 8. From the perusal of record and arguments of stakeholders, it is evident that State vide notification dated 26.09.2006 issued under Section 4 of Land Acquisition Act, 1894 Act (for short ‘1894 Act’) acquired land situated in Villages Lisana, Gokalgarh and Ashpur falling within Tehsil and District Rewari. The said notification was followed by notification dated 07.02.2007 issued under Section 6 of 1894 Act. The land was acquired for constructing Budhpur Distributory. Relevant date for the determination of market value of the acquired land was 26.09.2006 i.e. date of notification under Section 4 of 1894 Act. The Collector qua notification dated 26.09.2006 determined market value of the acquired land @ ₹ 16,00,000/- per acre. The landowners were held entitled to statutory benefits besides market value of the acquired land. The landowners filed reference petitions and Reference Court vide Award dated 29.11.2012 assessed market value of the acquired land @ ₹ 20,00,000/- per acre. This Court vide order dated 30.10.2017 directed Reference Court to re-determine market value of the acquired land. Reference Court vide impugned award dated 16.05.2018 has re- determined market value of acquired land at the rate of ₹48,93,240/- per acre. PRINCE CHAWLA 2026.07.22 16:26 I attest to the accuracy and integrity of this document RFA-4459-2018 (O&M) and other connected matters -6- 9. The dispute before this Court is confined to the assessment of market value of the land in question. The landowners and State produced evidence in support of their contentions before the Reference Court which rejected exemplar sale deeds and relied upon decision of this Court passed in Ghisa Ram (supra) qua another piece of land which was acquired for the same purpose and was situated within same revenue estate. The Reference Court on the ground of parity applied Ghisa Ram (supra) and determined market value @ ₹ 48,93,240/- per acre. 10. The Reference Court has relied upon judgment dated 19.02.2016 passed in Ghisa Ram (supra) which related to Village Ashpur, Gokalgarh & Kaluwas and wherein the market value was assessed @ ₹ 48,93,240/- per acre. The Reference Court on the ground of parity has enhanced the market value of land in question to ₹ 48,93,240/- per acre. Relevant extracts of the Award read as: “34 There is one more crucial document tendered in evidence as Exh.P11 by the petitioners. It is certified copy of judgment dated 19.02.2016 passed by Hon'ble Punjab & Haryana High Court in REA No.7398 of 2011 titled as 'State of Haryana &Ors. Vs Ghisa Ram' and a perusal thereof it acknowledged that it was regarding the land falling in the revenue estate of Village Ashpur, Gokalgarh & Kaluwas itself acquired for construction of Kaluwas minor for which LAC has granted compensation at the rate of Rs.16,00,000/- per acre, the Reference Court enhanced the same to the tune of Rs.20 lacs per acre and Hon'ble Punjab & Haryana High Court held the landowners entitled for compensation Rs.48,93,240/-per acre. Notification PRINCE CHAWLA 2026.07.22 16:26 I attest to the accuracy and integrity of this document RFA-4459-2018 (O&M) and other connected matters -7- under Section 4 in said case was published in the gazette of Haryana on 04.04.2007, hence, market price as assessed by the Reference Court in above said case was of the year 2011. The land acquired in above said case is falling in revenue estate of Village Gokalgarh, Ashpur & Kaluwas. The land acquired in present case is falling in the revenue estate of Village Gokalgarh, Ashpur and Lisana. In the present case netification under Section 4 of the LA Act, 1894 has been published on 26.09.2006 and the LAC has still assessed the market price at the rate of Rs.16 lacs per acre. Notification under Section 4 of the Act in present reference petition is about 5 months 22 days prior to the notification issued in Exh.P11. The land was acquired in both the matters was for public purpose, namely, construction of Kaluwas Minor and Budhpur Distributory and the LAC awarded Rs.16 lacs per acre in both the matters.” 11. From the above finding and judgment of this Court in Ghisa Ram (supra), it is manifest that the market value of lands acquired vide notification dated 04.04.2007 falling within Village Ashpur, Gokalgarh & Kaluwas has been assessed by this Court at the rate of ₹ 48,93,240/- per acre. Ghisa Ram (supra) was challenged before Hon’ble Supreme Court by way of Special Leave Petition (Civil) No. 7143 of 2017 which came to be dismissed vide order dated 05.04.2023. Judgment of this Court in Ghisa Ram (supra) is based upon judgment dated 19.02.2016 passed in Harphool (supra) which in turn was based upon judgment dated 29.01.2016 passed in Lala Ram (supra). In Lala Ram (supra), the Court PRINCE CHAWLA 2026.07.22 16:26 I attest to the accuracy and integrity of this document RFA-4459-2018 (O&M) and other connected matters -8- did not consider exemplar sales and determined market value on guess work. 12. This Court in Ghisa Ram (supra) and Rajender Singh (supra) with respect to land falling within the Villages Aspur, Gokalgarh and Kaluwas, District Rewari has assessed market value @ ₹ 48,93,240/- and ₹ 47,70,909/- per acre respectively. Notifications under Section 4 in Ghisa Ram (supra) and Rajender Singh (supra) were issued on 04.04.2007 and 06.11.2006 respectively. Land in question was acquired vide notification dated 26.09.2006 and falls within revenue estates which were under consideration in aforementioned cases. 13. Sequel to above facts and judicial pronouncements, this Court finds that there is no difficulty to adopt market value finally assessed in the case of Ghisa Ram (supra) & Rajender Singh (supra). In both the precedents, base market value was considered ₹ 48,93,240/- and ₹ 47,70,909/- per acre respectively. As base price related to land acquired in 2007, thus, for determining value of land acquired in 2006, de-escalation @ 12% p.a. as applied by Hon’ble Supreme Court in “Ram Kishan Vs. State of Haryana”, 2025 SCC OnLine 715 is hereby applied and market value is re-determined. The Reference Court has not applied principle of de-escalation. In Ghisa Ram (supra) the market value was determined @ ₹ 48,93,240/- per acre. Notification under Section 4 in said case was issued on 04.04.2007. In the present case notification under Section 4 was issued on 26.09.2006. There is a gap of 6 months in both the notifications. Applying de-escalation @ PRINCE CHAWLA 2026.07.22 16:26 I attest to the accuracy and integrity of this document RFA-4459-2018 (O&M) and other connected matters -9- 12 % p.a., market value of land in question comes to ₹ 45,99,000/- per acre (rounded off). 14. In the wake of above discussion and findings, this Court is of considered opinion that impugned award deserves to be modified. Accordingly, impugned award stands modified to the extent that market value of land in question is assessed @ ₹ 45,99,000/- per acre. 15. In the backdrop, appeals filed by landowners are hereby dismissed. 16. Disposed of in the above terms. 17. Pending application(s), if any, shall also stand disposed of. (JAGMOHAN BANSAL) JUDGE 20.07.2026 Prince Chawla Whether Speaking/reasoned Yes/No Whether Reportable Yes/No PRINCE CHAWLA 2026.07.22 16:26 I attest to the accuracy and integrity of this document