IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
STATE OF HARYANA & ORS – Appellant
Versus
NARAINI – Respondent
294 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-9456-2014 (O&M) Reserved on: 04.03.2025 Pronounced on: 08.05.2025 State of Haryana and another ...Appellants Vs.
Naraini and others ...Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Ms. Vibha Tewari, AAG, Haryana.
Mr. Sushil Sheoran, Advocate for the appellants in RFA-6593-2014.
Mr. Sushil Bhardwaj, Advocate for the appellants in RFA-8168 and 10812 of 2014.
Mr. Sudhanshu Makkar, Advocate for the appellants in RFA Nos.7332,9701 & 2043 of 2014.
Ms. Komal Rana, Advocate, Mr. Vikrant Rana, Advocate, Mr. Anuj Tanwar, Advocate for Mr. Abhimanyu Singh, Advocate for the landowners in RFA-3157, 2293 and 9459 of 2019.
Mr. Pardeep Singh Poonia, Advocate, Mr. Mukul Malik, Advocate, Mr. Dharampal Saini, Advocate and Mr. Pulkit Dhanda, Advocate for applicant in XOBJR-73-CI-2018 in RFA-6326-2015.
Mr. Kamal Sharma, Advocate for Mr. Amit Arora, Advocate for the appellants.
Mr. Mani Ram Verma, Advocate, Mr. Vipun Verma, Advocate for the appellant(s)
in RFA-8774-2014 and for the respondents in RFA-9456-2014.
Mr. Akash Yadav, Advocate for the appellants in RFA-8655-2014, RFA- 430 and 431 of 2015 and for the applicant in XOBJR-02-CI-2018 and for respondent in RFA-4890, 6329 and 5062 of 2015.
***
ANIL KSHETARPAL, J. 1. Brief Facts:-
1.1 With the consent of learned counsel representing the parties, a batch of 107 regular first appeals and two cross-objections (detail whereof is given at the foot of the judgment) shall stand disposed of by this common order.
1.2 The singular issue is with regard to the assessment of the market value of the acquired land located in villages Baliali, Bapora, Bhiwani Jonpal, Devsar and Haluwas. A narrow strip of land has been acquired for construction of Bhiwani-Ghaggar drain which passes through the aforesaid villages. The cases arising from the acquired land located in village Tigrana shall be separately decided because these are separate.
1.3 The relevant and important details of the acquisition are as under:-
1.4 The Land Acquisition Collector vide separate awards uniformally awarded Rs.8 lacs per acre.
1.5 Village wise details of the separate awards passed by the RC are under:-
1.6 The landowners claim that the market value of the acquired land was not less than Rs.50,00,000/- per acre as the property is located near Bhiwani town, which is a District Head Quarter. They claim that various commercial establishments have come up in the area and hence, the market value of the acquired land is required to be scaled up.
1.7 The State on the other hand claims that the LAC assessed the correct market value and with respect to cases arising from village Bapora and Bhiwani Jonpal cross appeals have been filed by the State of Haryana challenging the Reference Courts' awards.
2. Evidences adduced:-
Village Bapora
2.1 With respect to cases arising from village Bapora, the land owners have produced the following oral as well as documentary evidence:-
2.2 The landowners have produced the following documentary evidence:-
Ex.P-4 - Jamabandi for the year 2006-2007 Ex. P-5 - Aks Shajra Ex.P-6, 8, 9, 11, - Jamabandi for the year 2006-2007
12, 15 & 16
2.3 On the other hand, the State of Haryana has examined the following oral and documentary evidence:-
2.4 The State of Haryana has produced the following documentary evidence:-
Village Baliali
2.5 With respect to Baliali, the landowners have produced the following oral and documentary evidence:-
2.6 The landowners have produced the following documentary evidence:-
2.7 State has produced the following oral and documentary evidence:-
Sr. No. Exhibit No. Name of witnesses
1. RW/1 Statement of Rakesh Jain, Sub Divisional Officer
2.8 The State has produced the following documentary evidence:-
Village-Bhiwani Jonpal
2.9 With respect to cases arising from acquisition of the land from village Bhiwani Jonpal (RFA-6593-2014), the landowners have produced the following oral and documentary evidence:-
2.10 The landowners have produced the following documenta
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