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2004 Supreme(P&H) 1371

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA, J.
State of Haryana – Appellant
Versus
Dharam Pal – Respondent
RFA No. 97 of 2004
Decided On : 09-03-2026

Advocates Appeared:
For the Appellant : Abhinash Jain
For the Respondent: Anil Ghanghas

JUDGMENT :

HARKESH MANUJA, J.

1. Vide this common order, a bunch of 10 Regular First Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from RFA No.97-2004.

2. By way of filing the present appeal challenge has been laid to the Award dated 24.09.2003, passed by the learned Additional District Judge, Bhiwani, (hereinafter referred to as the ‘Reference Court’).

3. Briefly stating, 12.20 acres of land, situated within the revenue estate of Village Madhan, HB No. 98, Tehsil Tosham, District Bhiwani, was acquired by the Government of Haryana vide notifications dated 29.01.1997 and 03.04.1997, issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose, namely, for “construction of 1-L Bhariwas Minor”. The Land Acquisition Collector (for short ‘the LAC’) vide award dated 30.10.1998 assessed the market value in respect of the acquired land as Rs.3,73,813/-, Rs.1,12,144/- as 30% compulsory acquisition charges, Rs.78,501/- as 12% per annum additional market value and Rs.75,697/- as interest w.e.f. 29.01.1997 to 30.10.1998, along with all other statutory benefits under the Act.

4. Dissatisfied with the aforesaid award, the appellants/ landowners filed reference petition invoking Section 18 of the Act, which came to be disposed of by the learned Reference Court vide decision dated 24.09.2003 thereby determining the market value of the acquired land at a uniform rate of 10% increase in each category of acquired land over and above the market value as assessed by LAC along with all other statutory benefits under the Act.

5. Aggrieved of the decision of learned Reference Court, the present appeal was preferred at the instance of appellant(s)-State.

6. I have head learned counsel for the parties and gone through the paper-book.

7. In the present appeal(s), the learned Reference Court has granted appreciation @ 10% towards the market value in each category of acquired land over and above the amount assessed by the LAC while keeping in mind the locational and potential advantage attached to the same. It is evident from the record that the acquired land abuts Village abadi and also lies in close geographical proximity to pucca road leading from Village Isharwal to Village Meeran. In such circumstances, the award dated 24.09.2003 passed by learned Reference Court being based on proper appreciation of pleadings and the evidence available on record, calls for no interference.

8. Consequently, all the appeals filed by the appellant State are hereby dismissed.

9. Pending misc. application(s), if any, shall also stand disposed of.

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