214 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 10.02.2026 State of Haryana and others ...Appellant Vs.

Kavish ...Respondent CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR Present: Mr. Nitin Kaushal, Addl. A.G., Haryana.

Mr. Aman Pal, Sr. Advocate with Mr. Japsehaj Singh, Advocate and Mr. Balraj Sharma, Advocate for the respondent.

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A SHWANI KUMAR MISHRA , J. (Oral)

1. This appeal is by the State assailing the judgment of the learned Single Judge rendered in CWP-6244-2017, decided on 27.01.2020. Learned Single Judge while allowing the writ petition has quashed the order dated 16.02.2017 (Annexure P-9) and a direction has been issued to grant compassionate appointment to the respondent-petitioner in the land losers category.

2. Undisputed facts of the case are that the Government of Haryana vide notification dated 03.12.2009 acquired 22 Kanals 12 Marlas of land situated in khasra No. 359 belonging to the respondent-petitioner as well as his mother and two sisters. The acquisition was for setting up of 2nd Water Works at Hansi Town. The Award was passed by the Collector under Section 11 of the Land Acquisition Act, 1894 on 16.09.2010. An application claiming compassionate appointment under land losers category was moved by the respondent-petitioner in the year 2012. This was pursuant to a policy introduced by the State of Haryana on 09.11.2010. It appears that six persons were recommended for such appointment, including the name of the respondent-petitioner by the Executive Engineer, Public Health, Division No.3, Hisar on 05.10.2012. All other five persons have been offered appointment except the respondent-petitioner. The only reason assigned for rejection of the respondent's claim was that the landholding of the respondent–

petitioner, in his individual capacity, was less than 02 acres.

3. The policy dated 09.11.2010 of the Haryana Government provides as under:-

"A. Preamble:

As a welfare state, the Government of Haryana recognises that acquisition of land under the statute and the alienation of landowners from their source of livelihood could be a painful process, notwithstanding the payment of compensation for the same as per law. Therefore, it intends to minimise this pain of the affected persons through a set of policy initiatives that include (a) payment of market value as compensation of land to the landowners with the revision and fine-tuning of minimum floor rates in respect of land situated in different parts of the state; (b) introduction of a special incentive for reducing litigation qua the compensation amount; (c) revision of the rates of Annuity payable for a period of 33 years as a social security benefit for the landowners; and (d) review and introduction of certain additional benefits over and above the one-time compensation paid in accordance with the law so as to provide for alternate means of sustenance for the landowners and other landless persons/artisans who are dependent on the agricultural land being acquired for non-

agricultural purposes."

4. Clause 3 of the policy specified the effective date, which reads as under:-

"The revised floor rates, the policy of payment of ‘No Litigation’ incentive, and the revision in various parameters of the R & R Policy will be applicable to all such acquisition cases where awards have been announced on or after 07 September, 2010 irrespective of the date of notification under Section 4 of the Land Acquisition Act, 1894."

5. Clause 11 of the policy provides for grant of compassionate appointment to be offered to the oustees' category, which is reproduced hereinafter:-

"11. Benefits for the affected persons whose land is acquired for infrastructure projects other than those of HUDA, HSIIDC, and the HSAMB:

i) While provision has been made for allotment of ‘oustee category plots’ in case of land acquired for development by HUDA, HSIIDC, and the HSAMB and for allotment of commercial sites/ industrial plots in case of those