IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

218 CM Nos.5247-CI, 5248-CI & 5249-CI of 2021 in/and Regular First Appeal No.1169 of 2017 (O&M)

Date of Decision:13.02.2026 NIDHI GUPTA AND ANR. ......APPELLANTS VS STATE OF HARYANA AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Nanveet Singh, Advocate for the applicants-appellants.

Mr. Abhishek Yadav, D.A.G., Haryana.

Ms. Surbhi Rana, Advocate for Mr. P.S. Saini, Advocate for the respondent/HSIIDC.

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HARKESH MANUJA, J. (Oral)

CM No.5247-CI of 2021 Allowed as prayed for.

CM No.5248-CI of 2021 For the reasons mentioned in the application, the same is allowed.

Accompanying documents as Annexures A-1 to A-3 are taken on record, subject to all just exceptions.

CM No.5249-CI of 2021 [1]. Prayer in the present application moved on behalf of the applicants- landowners, is for recalling of order dated 06.03.2017 passed by this Court in RFA No.1169 of 2017 and disposal of the same in terms of judgment dated 05.07.2019 passed in RFA No.4101 of 2008, titled “HSIDC (now Haryana State Industrial &

Infrastructure Development Corporation) Versus Rajesh Kumar-II and others”.

[2]. In pursuance of Haryana Govt. Notification dated 28.03.2006 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) as also Notification dated 19.06.2006 under Section 6 thereof, 20 acres of land was acquired, including the land of applicants-appellants, situated in the revenue estate of Village Jatheri, Tehsil and District Sonepat for public purpose namely, for construction and development of Disposal Channel of Sewer & Storm waters of Industrial Estate Rai, Tehsil and District Sonepat. The Land Acquisition Collector, Sonepat (for short “LAC”), vide award dated 22.05.2007, assessed the market value of land for Village Jatheri @ Rs. 16 lakhs per acre, besides grant of statutory benefits. Dissatisfied with the same, landowners / interested persons filed objections under Section 18 of the Act, which were forwarded to learned Additional District Judge, Sonepat (hereinafter to be referred as “Reference Court”) for determination of the market value of the acquired land.

[3]. On 16.09.2011, the Reference Court while deciding LAC-26-2008, partly accepted the reference petition of applicants-appellants, by assessing the market value of acquired land of Village Jatheri @ Rs.30 lakhs, per acre.

[4]. Still aggrieved, the applicants-appellant filed RFA-4732-2016, which was disposed of by this Court on 03.11.2015 alongwith bunch of connected appeals, the lead case of which was RFA-7958- 2011, titled “Sultan Singh Versus State of Haryana and others”.

[5]. Though the applicants did not assail the judgment dated 03.11.2015, however, similarly situated claimants/landowners whose land was acquired pertaining to the same notification under Section 4 of the Act, dated 28.03.2006 approached the Hon’ble Supreme Court, wherein the matter was remanded back to this Court vide judgment dated 28.11.2017, passed in CA-20050-2017, titled “Rajbir & others Versus State of Haryana & others”.

[6]. Post remand, a bunch of 784 RFAs including RFA-7958-2011 and lead case of which was titled Rajesh Kumar-II (supra), came to be decided by this Court on 05.07.2019 wherein certain enhancement was awarded in favour of the landowners besides granting other statutory benefits.

[7]. Hence, the prayer is for re-deciding the appeal in terms of subsequent judgment dated 05.07.2019 titled Rajesh Kumar-II case (supra).

[8]. Learned counsel for the applicants-appellant submits that the land falling in Village Jatheri which was acquired vide Notification dated 28.03.2006, was also the subject matter of consideration in case Rajesh Kumar-II (supra). In the said case, the market value has been fixed @ Rs. 35,00,000/- per acre for the land besides granting statutory benefits. The relevant para-189 of the said judgment dated 05.07.2019 reads as under:-

189. Keeping in view the above, the market value alongwith all statutory b