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High Court of Punjab and Haryana · body

2026 DAILYLAW 4608 (PNJ)

STATE OF HARYANA v. SANSAR SINGH & ANR

RFA/3089/1999 · 2026-04-01

Harkesh Manuja

body2026

Judgment text

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"!               #                      !         -." &!  +       *             $     -                       -&  SONIKA 2026.04.07 09:56 I attest to the accuracy and authenticity of this document RFA30891999 (O&M) and other connected cases 3    $ 2   "!          #  3!"  4     #  # -       5"   #   $$ 4       !  *      6 #       !       #   11$777     ("       "!  !  %    83  ("9' #                 :-  *! & $0    ;  5"  $07 %      ' #  #  Brief facts of the case are that     "! 1+  #     -- "      "    < ! 3 " 2   !   = "  !  #  5"       11$$70>  11?$70> " " &  @ ?       $07     " "    “for construction of link road Sudhail to Khera9 2  ;  5" ( %    89'   #    7$$700     * " ) 3+111:-    chahi   3+111:-    barani    37111:-  gair mumkin rasta   ! #    "   "   $07   4!    #   #      ;(    %'- #%'        %' " & $0    $07  *!       A                  3  SONIKA 2026.04.07 09:56 I attest to the accuracy and authenticity of this document RFA30891999 (O&M) and other connected cases 4 ("   #    11$777  #     %' #  - !    * " ) 30?:-   ! #    "   + !!             3  ("    -&              %'- #%'   - ? B "!!    #    "     -&  "       3  ("  !        "           C/3-$  C/3-     !"          #  /    "      & +$-    $07              C/3-$  C/3- # "       #             " # 5"    *    ;  "  " "      "! #        3  (" #            * "   "     %'-  #%' #  5"   "    "       ;( > ,     "  !    #%'--   "      5" #    "    " "    “for construction of link road Sudhail to Khera9 #      !      "    < ! &"  3 "  .  #  5"        11$$70>  11?$70> " " &  @ ?       $07      * "      !    "    SONIKA 2026.04.07 09:56 I attest to the accuracy and authenticity of this document RFA30891999 (O&M) and other connected cases 5 < ! &"  #  -  ) 3$011:-      ("     $?11?   34--$770      ! " #$ ;  "   "      "    < ! &"    < ! 3 "  "!  !   "       "   "      #  #    #  !     "     ! 3 "          * " ) 3$011:-        ("   %  %"  ' 0 B      "      !  "!    * 7 B      "  -   * "    5"            "     %'- #%'      "       " "D-    C/": C/    ! @ # &    3     ! 3 "   %  !'    5"   1+1$70+  *  1-$0 1111:- 3$:- .  711  11$77  * 6 1$-1? $11111:- 3?7$:- .  711   "          #         "     #%'--%' #  * "   " #        "      "  7$ E         "      C/3-$  C/3- "     -&          * "    5"   #  /  3?111:-  31111:-   #  "     #      ;(   7$$700 SONIKA 2026.04.07 09:56 I attest to the accuracy and authenticity of this document RFA30891999 (O&M) and other connected cases 6  #      * " #   ) 3+111:-    chahi                (      2 "      #    ( #  #                   " "    "    5"   #  !                C/3- $  C/3-F               bonafide         "      * "     %'     "      4     *    "     (        ;(   " "D- (  3+111:- 6   3+111:- 6   3$>+11:-  %!  "*' 37111:- 7 4"                   C/3-+ "  3G-$ &  6  &  . "! E: ;  5" ( ,G %6@3'   (           "     ! &"    ! 3 "  "!  !    #       -&       #     "          !     #  "   3               !        < ! &"  3 "  .  #  5"                " "    “for construction of link road Sudhail to Khera9    ;(         * "    < ! &"   3 "  #        #      "        B SONIKA 2026.04.07 09:56 I attest to the accuracy and authenticity of this document RFA30891999 (O&M) and other connected cases 7 " "    "!    $?11?    %  %"  '       "     * "     %'   2    #        #   #    H  / ("  I &'( (( ""(  )(*+%    ,  - ! ./ #   #           !      "           !  !                            ! * " 2     !     /  "D- 864. It is a settled principle of law that lands of adjacent villages can be made the basis for determining the fair market value of the acquired land. This principle of law is qualified by clear dictum of this Court itself that whenever direct evidence i.e. instances of the same villages are available, then it is most desirable that the court should consider that evidence. But where such evidence is not available court can safely rely upon the sales statistics of adjoining lands provided the instances are comparable and the potentiality and location of the land is somewhat similar. The evidence tendered in relation to the land of the adjacent villages would be a relevant piece of evidence for such determination. Once it is shown that situation and potential of the land in two different villages are the same then they could be awarded similar compensation or such other compensation as would be just and fair. 65. The cases of acquisition are not unknown to our legal system where lands of a number of villages are acquired for the same public purpose or different schemes but on the commonality of purpose and unite development. The parties are expected to place documentary evidence on record that price of the land of adjoining village has an increasing trend and the court may adopt such a price as the same is not impermissible. Where there is commonality of purpose and common development, compensation based on statistical data of adjacent villages was held to be proper. Usefully, reference can be made to the SONIKA 2026.04.07 09:56 I attest to the accuracy and authenticity of this document RFA30891999 (O&M) and other connected cases 8 judgments of this Court to the cases of Kanwar Singh & Ors. v. Union of India [JT 1998 (7) SC 397] and Union of India v. Bal Ram & Anr. [AIR 2004 Supreme Court 3981] 66. In this regard we may also make a reference to the judgment of this Court in the case of Kanwar Singh & Ors. v. Union of India [AIR 1999 Supreme Court 317] , where sale instance of the adjacent villages were taken into consideration for the purpose of determining the fair market value of the land in question and their comparability, potential and acquisition for the same purpose was hardly in dispute. It was not only permissible but even more practical for the courts to take into consideration the sale statistics of the adjacent villages for determining the fair market value of the acquired land.” $1 ! ! "          ("  $?11?   %  %"  ' #         * " qua    "    < ! &"    * "    5"   !     "!  "     ! 3 "      %'          " &     $07    )       2   %'- #%':-           "     "    "!         " $$ B #      "             -&     #     -          %'- #%'     $ 4"      " "         #    !  %'-!     %'    "!           ! /       #   SONIKA 2026.04.07 09:56 I attest to the accuracy and authenticity of this document RFA30891999 (O&M) and other connected cases 9 ! !    !          - #F "  "      "        $ ,!            1$11? !"#$%" &'( * ')*$ G     *!: D =: G     D =:  SONIKA 2026.04.07 09:56 I attest to the accuracy and authenticity of this document