2025 Supreme(Online)(P&H) 2515
HIGH COURT OF PUNJAB AND HARYANA
PARAS RAM – Appellant
Versus
STATE OF HARYANA AND ORS – Respondent
RFA 3216 / 2018
In the High Court of Punjab and Haryana, at Chandigarh Reserved On: 03.04.2025 Pronounced On: 07.04.2025 Paras Ram ... Appellant(s)
Versus State of Haryana and Others ... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. Dheeraj Narula, Advocate for the appellant(s) (RFA-3216-2018).
Dr. Amol Rattan Sidhu, Senior Advocate with Mr.Shiv K. Sharma, Advocate for the appellant(s) (In RFA-535-2019).
Mr. S.K.Jain, Mr. Deepak Jain, Mr. Akshay Jain, Mr. Gunjeet Brar and Mr. Sukhbir Brar, Advocates for the appellant(s) (In RFA-1336-2018, RFA-3872-2018 to RFA-3891-2018, RFA-3894-2018 to RFA-3906-2018, RFA-12-2020 and RFA-16-2020).
Ms. Maanvi Arora, Advocate for Mr. Rakesh Gupta, Advocate, for the appellants (In RFA-4044-2018 to RFA-4047-2018)
and for the respondent(s) (In RFA-997-2019, RFA-1123-2019, and RFA-1220-2019).
Mr. Shoaib Khan, Advocate for the appellant(s) (In RFA-3432-2018 to RFA-3434-2018).
Ms. Safia Gupta, Assistant Advocate General, Haryana.
Anil Kshetarpal, J.
1. Brief Facts of the Case
1.1 With the consent of the learned counsel representing the parties, DEEPAK KUMAR BHARDWAJ a batch of 170 appeals (details whereof are given at the foot of the judgment)
shall stand disposed of by this judgment.
1.2 This Court has been called upon to assess the market value of the acquired land on 21.05.2010 under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as “the 1894 Act”).
1.3 The relevant and necessary details of the acquisition are as under:-
S.No.
Date
Particulars
1.
21.05.2010
Notification under Sections 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “the 1894 Act”) was issued proposing to acquire the land for development of the residential, commercial, sector road, green belt, Sector 10, Dabwali.
2.
20.05.2011
Declaration under Section 6 of the 1894 Act was issued.
3.
15.05.2013
The Land Acquisition Collector (hereinafter referred to as “the LAC”) offered to pay ₹60,00,000/- per acre for the land falling on the National Highway upto the depth of 2 acres and ₹40,00,000/- per acre for all other kinds of land. ₹34,82,248/- was awarded for structures/buildings and tube-wells, whereas ₹9,93,992/- was awarded for trees.
4.
16.03.2018 and 06.10.2018
The Reference Court (hereinafter referred to as “the RC”) assessed the market value of the acquired land at the uniform rate of ₹1,393/- per square yard i.e. ₹67,42,120/- per acre.
1.4 These cross-appeals have been filed by the landowners as well as the State of Haryana.
1.5 The landowners claim that the acquired land adjoining Dabwali City and has significant potential for being used for commercial purpose particularly the area abutting the national highway. Consequently, the market value of the land adjoining the national highway is not less than ₹10,00,00,000/- (Rupees Ten Crore) per acre. It is also claimed that there are DEEPAK KUMAR BHARDWAJ I attest to the accuracsyh anodwrooms, schools, shops, residential colonies, namely Rajiv Colony, Gugamari Colony, Indira Nagar, Chauhan Nagar, Dhaliwal Nagar, Office & the residential colony of Dakshin Haryana Bijli Vitran Nigam, Petrol Pump, government offices are also located in the said vicinity.
1.6 Per contra, the State of Haryana claims that as per classification, the LAC has already awarded the proper and reasonable compensation and hence, there is no scope for enhancement.
2. Evidence Adduced
2.1 In fact, the RC decided the cases in two different batches. The first batch was decided on 16.03.2018. In the oral evidence, the landowners examined the following witnesses:-
Sr. No.
Witness Number
Name of the Witness
1.
PW. 1/PW.9
Hari Parkash, Architect
2.
PW. 2
Hardeep Kaur
3.
PW. 3
Janak Raj
4.
PW. 4
Pala Ram, ALM, DHBVNL Dabwali
5.
PW. 5
Sukhdev Singh
6.
PW. 6
Kitab Singh, JE, Office of Town Planner, Sirsa
7.
PW. 7
Jagroop Singh
8.
PW. 8
Amritpal Singh
9.
PW. 9
Sukhbir Singh
10.
PW. 10