IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(O&M) GANGA SAHAY (THROUGH LR.) – Appellant
Versus
STATE OF HARYANA – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: February 11, 2026 GANGA SAHAI (SINCE DECEASED) THROUGH LRs ......Appellant Versus STATE OF HARYANA ........Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Pawan Kumar, Sr. Advocate with Ms. Vidushi Kumar, Advocate and Ms. Seema Rani, Advocate for the appellant.
Mr. Abhinash Jain, DAG, Haryana.
****
HARKESH MANUJA, J. (ORAL)
CM-3100-CI-1998 By0020way of present application, prayer has been made for seeking permission to lead additional evidence in the form of certified copy of sale deeds dated 19.10.1987 and 05.12.1988 as Annexures A-1 and A-2 respectively.
Notice of the application was issued on 13.10.1998.
Despite notice, no reply has been filed on behalf of respondent.
I have heard learned counsel for the parties and gone through the paper-book.
A perusal of the record shows that dispute in the present case relates to determining of market value against compulsory acquisition of land owned by the applicant-landonwer regarding which the proceedings commenced vide notification dated 19.02.1988 under Section 4 followed by notification dated 13.02.1989 under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) in the Village Hodal Patti Andhua, Tehsil Palwal, District Faridabad. The documents sought to be led as additional evidence before this Court are sale deeds dated 19.10.1987 and 05.12.1988 as Annexure A-1 and A-2 respectively. A perusal of the said documents shows that sale deed dated 19.10.1987 (sought to be appended as Annexure A-1) pertains to the same revenue estate of village Hodal Patti Andhua, District Faridabad, as that of the acquired land, therefore, needs to be taken into account for the purpose of determining the market value.
In given circumstances, it is evident that the said document shall help the Court to adjudicate upon the prayer made by the appellant- landowner in a complete and effective manner. Further, keeping in mind the objective and purpose of the Act which is to award just and fair compensation to the landowner, prayer made in the application qua production of certified copy of sale deed dated 19.10.1987 as additional evidence is allowed and the same is taken on record as Annexure A-1.
It may be noticed here that since the sale deed dated
05.12.1988 Annexure A-2 relates to revenue estate of village Aurangabad, Sub-Tehsil Hodal, District Faridabad i.e. the different revenue estate, as such, the prayer qua the same is declined.
MAIN CASE Learned counsel for the respondent on instructions from Mr.
Anil, Tehsildar, Hodal submits that the main appeal now be decided on merits as the respondent do not intend to lead any evidence to rebut the additional evidence.
By way of present appeal, challenge has been laid to the judgment dated 12.02.1998 passed by the learned Additional District Judge, Faridabad (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-landowner, seeking enhancement of compensation was dismissed.
2. Briefly stating, land measuring 75 kanals 5 marlas, situated within the revenue estate of Village Hodal Patti Andhua, Hadbast No.93, Tehsil Palwal, District Faridabad was acquired for the public purpose, namely, for building of Government Vocational Education Institute, Hodal, Tehsil Palwal, District Faridabad vide notifications dated 19.02.1988 issued under Section 4 of the Act followed by notification dated 13.02.1989 issued under Section 6 of the Act. The Land Acquisition Collector (for short ‘LAC’) passed Award No.1 dated 08.02.1991 assessing the market value at the rate of Rs.1,50,000/- per acre for Chahi and Gair Mumkin land and Rs.9,700/- for well and kotha/shed along with other statutory benefits under the Act.
3. The appellant-landowner, feeling dissatisfied with the aformentioned award, sought reference under Section 18 of the Act pleading that the price of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.