IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

238 CM No.3466-CI of 2022 in/and RFA No.1302 of 2022 (O&M) Date of Decision: 28.08.2025 GIAN CHAND (DECEASED) THROUGH HIS LR AND ANR......Appellants Vs STATE OF HARYANA AND OTHERS ....Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Chirag Kundu, Advocate for the appellants.

Mr. Abhinash Jain, D.A.G., Haryana.

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HARKESH MANUJA, J. (Oral)

CM No.3466-CI of 2022 By way of present application, prayer has been made for condoning the delay of 2271 days in filing the review application.

Learned State counsel has failed to file reply to the application despite been afforded sufficient opportunity.

Concededly, the other similarly situated landowners pertaining to the same acquisition proceedings have already been held entitled for the enhanced amount of compensation pertaining to the land situated in revenue estate i.e. Tehsil and District Faridabad to the tune of Rs.2509/-, Rs.2186/-, Rs.1778/-, Rs.2396/- and Rs.2376/- per square yard, respectively along with solatium and other statutory benefits. Based thereupon and applying the principle of parity, besides grant of just and fair compensation, the landowner/applicants being similarly situated are entitled for grant of similar amount of compensation, however, without any payment of interest for the period of delay in fling the present review application. In this regard reliance can be placed upon the decision of Hon’ble Supreme Court in case of “Ningappa Thotappa Angadi (Dead) through LRs Versus Special Land Acquisition Officer and Another”, 2020 (19)

SCC 599 In view of the discussion made hereinabove as well as contents of the application, the same is allowed and delay of 2271 days in filing the review application is hereby condoned. RFA No.1302 of 2022 (O&M)

[1]. By way of present appeal, challenge has been laid to the Award dated 27.09.2013 passed by the learned Addl. District Judge, Faridabad-cum-Reference Court whereby Reference Petition under Section 18 of the Land Acquisition Act, 1894 preferred at the instance of appellants/landowners was partly allowed while awarding them compensation @ Rs.1052/- per square yard qua the acquired land along with other statutory benefits/interest in their favour.

[2]. Learned counsel for the parties are ad idem that the matter with respect to the determination of market value stands finally adjudicated upon by the Hon’ble Apex Court vide its decision dated 14.07.2021 passed in Civil Appeal No.2903 of 2021 titled as “Banwari Lal and another vs. State of Haryana and ors.

whereby the similarly situated landowners pertaining to the same acquisition proceedings related to the land situated in revenue estate i.e. villages Fajjupur Faridaba, have been held entitled for the enhanced amount of compensation @

Rs.2509/-, Rs.2186/-, Rs.1778/-, Rs.2396/- and Rs.2376/- per square yard, respectively along with solatium and other statutory benefirs.

[3]. Accordingly, the present appeal is disposed of in terms of the aforementioned decision i.e. Banwari Lal and another’s case (supra) and the appellants are held entitled for similar amount of compensation as has been awarded to other similarly situated landowners, along with all statutory benefits and interest available under the amended provisions of Land Acquisition Act, 1894 as applicable to the present acquisition. However, the appellants shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal i.e. 2271 days.

[4]. Pending application(s), if any shall also stand disposed of.

(HARKESH MANUJA)

August 28, 2025 JUDGE Atik