IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 01.03.2025 Greater Mohali Area Development Authority (GMADA)

through its Additional Chief Administrator .......... Petitioner Versus Bhagwan Saroop through his legal heirs Hardev Kumar (son) and others .......... Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Argued By: Mr. R.S. Khosla, Senior Advocate, assisted by Mr. Aman Sharma, Advocate for the petitioner.

Mr. Vijay Lath, Advocate for contesting respondent Nos. 1 to 4–landowners.

Mr. Vishnav Gandhi, Deputy Advocate General, Punjab for respondent Nos. 5 & 6.

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HARKESH MANUJA, J.

The petitioner-Greater Mohali Area Development Authority (for short “GMADA”), by way of present revision petition, seeks setting aside of two orders, (i) order dated 23.01.2025 (Annexure P-7), whereby an application filed under Section 151/152 of the Code of Civil Procedure, 1908 (for short “CPC”) at the instance of land-owners seeking correction in the Award dated 23.12.2022 (Annexure P-1) passed by the learned Additional District Judge, SAS Nagar (for short “Reference Court”), has been allowed; (ii) order dated 23.01.2025 (Annexure P-8), whereby an application moved at the instance of petitioner seeking recalling of the order dated 09.12.2024, vide which the warrants of attachment qua its property were issued, has been rejected.

FACTS [2] Briefly stating, certain land owned by the respondents- landowners situated in Village Sambalkhi, Hadbast No. 292, Tehsil and District SAS Nagar (Mohali) came to be acquired vide Notification dated 04.10.2013 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred as “1894 Act”) for public purpose namely “for construction of 200 feet wide road”. Later, notification under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as “2013 Act”) read with Section 6 of 1894 Act was issued on 21.07.2014. An Award No. 561, dated 27.11.2015 was passed by the Land Acquisition Collector (for short “LAC”) while exercising the powers under Section 26 of 2013 Act, having assessed the market value @ Rs. 90,00,000/- per acre for chahi land; Rs. 2,19,00,000/- per acre for Gair Mumkin land, besides awarding other statutory benefits. In terms thereof, the respondents-

landowners were released compensation on 07.01.2016.

[3] Being aggrieved of the market value assessed by the LAC, the respondents-landowners filed reference under Section 64 of 2013 Act seeking enhancement of compensation including the market value along with other statutory benefits and the same came to be allowed by the Reference Court vide its decision dated 23.12.2022, thereby enhancing the market value to Rs. 2,81,94,139.9 per acre with grant of 100% solatium as well as other benefits. The operative portion of the award is extracted hereunder:-

“ In view of the reasons discussed herein before, the present petitions are hereby allowed and the compensation awarded in this case by the Learned Land Acquisition Collector, SAS Nagar vide Award No. 561 dated 27.11.2015 is hereby enhanced at the rate of Rs. 2,81,94,139.9 per acre, which is to be paid by the respondents to the petitioners and in addition to it, the petitioners are also held entitled to A.P. @ 12% from dated 04.10.2013 (i.e. the date of notification) till 27.11.2015 (i.e. the date of the Award No. 561) alongwith interest as provided under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the solatium @ 100%, which is to be paid by the respondents to the petitioners. ”

[4] Still dissatisfied, two appeals came to be preferred before this Court, (i) RFA-1858-2023 at the instance of landowners-respondents; and (ii) RFA-221-2024 at the instance of petitioner-GMADA. Vide interim order dated 24.09.2024 (Annexure P-2), this Court stayed the disbursement of 1/3^rd of the enhanced compensation su