IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: February 09, 2026 PUNJAB WAKF BOARD AMBALA CANTT .......Appellant Versus PUNJAB STATE THROUGH LAC CUM S.D.O. CIVIL, HOSHIARPUR & ORS. ........Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sudesh Sahi, Advocate for Mr. Sandeep Punchhi, Advocate for the appellant.

Mr. Gunjan Mehta, Addl. A.G. Punjab.

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HARKESH MANUJA, J. (ORAL)

By way of present appeal, challenge has been laid to the judgment dated 03.10.1997 passed by the learned Additional District Judge, Hoshiarpur (for short ‘Reference Court’), whereby the reference petition filed under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) by the appellant-claimant, was dismissed.

2. Briefly stating, land measuring 16 kanals 2 marlas, situated within the revenue estate of Village Bajwara and 23 kanals 11 marlas situated in village Shergarh, Tehsil and District Hoshiarpur was acquired for the public purpose for construction of Ring Road, Hoshiarpur-Ph-II, Group-1 vide notification dated 21.05.1993 issued under Section 4 of the Act. The Land Acquisition Collector (for short ‘LAC’) vide Award dated 21.04.1994 assessed the market value at the rate of Rs.60,500/- per acre for “Chahi” land and Rs.35,200/- per acre each for “Barani”, “Gair Mumkin Dher”, “Gair Mumkin Khangah Massan” and “Gair Mumkin Chhappar” land along with other statutory benefits.

3. The claimant, feeling dissatisfied with the award, sought reference under Section 18 of the Act. It was pleaded that the acquired land was situated near the residential area and thus, the compensation awarded by the LAC was negligible.

4. Upon notice, the same was contested by the respondent(s)- State by filing written reply. It was pleaded that the market value assessed by the Land Acquisition Collector was fair and correct and the factum of existence of the acquired land on Chandigarh-Hoshiarpur highway was denied.

5. On the basis of pleadings of the parties, the following issues were framed by learned Reference Court:-

“1. What was the market value of the acquired land at the time of issuance of notification under Section 4? OPA

2. Relief.”

6. After considering the evidence, the learned Reference Court, vide award dated 03.10.1997 dismissed the reference petition filed at the instance of appellant-claimant.

7. Aggrieved of the aforesaid award dated 03.10.1997 passed by the learned Reference Court, the appellant-claimant filed the present appeal.

8. I have heard learned counsel for the parties and gone through the paper-book. I find substance in the submissions made on behalf of the appellant-claimant with respect to the award of damages against severance of the land parcel.

9. From a perusal of Ex. A-1 (somewhere written as Ex.P-1) i.e. the site plan which was proved on record by the Arjan Khanna, Draftsman, District Court, Hoshiarpur (AW-1). it can be clearly discerned that as an effect of acquisition in hand, the land owned by the appellant(s)-landowner(s) forming part of Killa No.142 (0-6) and 139 (3-3) has been bifurcated. Considering the fact the land in the present case(s) was acquired for the public purpose namely for construction of Ringroad, Hoshiarpur- Ph-II, Group-I which definitely and conclusively dissected the land by bifurcating it into two parts, in such circumstances, the appellant was bound to suffer loss towards cultivation of land besides causing it inconvenience towards connectivity of the parcels left on either side of the road. Moreover, severance also causes reduction in value of remaining land due to alteration in access, useability, irregularity of shape and loss of agricultural viability etc., thus, it would be appropriate to award damages against severance of land in favour of the appellant @ 25% of the market value as determined by the LAC for the remaining land parcel forming part of Killa No.142 and 139 situated in revenue estate of Village Shergarh, District Hoshiarpur. In addition, the a