113 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *****

RFA-3809-1998 (O&M)

Date of Decision: 09.02.2026 Mohinder Pal and anr. …….Appellants Versus Haryana State through Secretary, PWD(B&R), Deptt. Chandigarh.

..….Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. H.S. Kasan, Advocate for the appellants.

Mr. Abhinash Jain, DAG, Haryana.

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HARKESH MANUJA, J. (ORAL)

By way of filing the present appeal(s) challenge has been laid to the decision dated 30.07.1998 passed by the learned Additional District Judge, Panipat-cum-Reference Court (for short ‘the Reference Court’).

2. Briefly stating, some land, situated within the revenue estate of Village Pasina Khurd, the then District Karnal was acquired by the Government of Haryana vide notifications dated 04.09.1975 (published on 16.9.1975) and 22.12.1976 (published on 04.01.1977), issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose i.e. “for the construction of link road from national Highway No.1 (G.T. Road) to Village Nurpur Gujran”. The Land Acquisition Collector (for short ‘the LAC’) vide award 24.10.1985 assessed market value in respect of the acquired land @ Rs.5,000/- per acre, besides all other statutory benefits including solatium @ 30% as well as compulsory acquisition charges @ 12% per annum.

3. Dissatisfied with the aforesaid award, the appellant(s)/ landowner(s) filed reference petitions invoking Section 18 of the Act, which came to be came to be disposed of by the learned Reference Court vide decision dated 30.07.1998 while determining the market value of the acquired land @ Rs.5264/- per acre besides all other statutory benefits including solatium @ 30%, under the Act.

4. Aggrieved of the Award passed by the learned Reference Court, the present appeals were preferred at the instance of appellant(s)/ landowner(s).

5. I have heard learned counsel for the parties and gone through the paper-book.

6. The Reference Court while granting benefit of market value @ Rs.5264/- per acre, in favour of the appellants herein, relied upon LAC case No.87 of 1996, which now stands modified vide order dated 09.02.2026 passed in RFA-1146-1997 and other connected cases, titled as “Kamla Devi Vs. Haryana State through Secretary, PWD(B&R), Deptt. Chandigarh”, whereby enhanced market value @ Rs.6000/- per acre besides all other statutory benefits including solatium @ 30% as well as compulsory acquisition charges @ 12%

per annum, under the Act (amended upto date) has been granted in favour of appellant(s) therein, as such, the present appeal is partly allowed and the award dated 30.07.1998 is partly modified in the same terms as in Kamla Devi’s case (supra).

7. Further, wherever, the landowner(s) has/have unfortunately expired in the appeal(s)/ cross-objection(s) after filing thereof and the legal heirs have not been impleaded, they shall be at liberty to seek execution of the present decision by moving appropriate application(s) before the learned Executing Court.

8. Accordingly, the appeals filed by the appellant(s)/

landowners area allowed in the aforesaid terms.

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

09.02.2026 (HARKESH MANUJA)

sanjay JUDGE Whether speaking/reasoned? Yes/No Whether Reportable? Yes/No