IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.266 of 2004 (O&M)

with other connected cases Date of Decision: 29.08.2025 GURDIAL SINGH AND OTHERS ......Appellants Vs UNION OF INDIA AND ANR. ....Respondent(s)

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Arihant Jain, Advocate Ms. Manveen Kahlon, Advocate for Mr. D.S.Pheruman, Advocate for the appellant(s)/landowner(s).

Mr. Vishal Garg, Advocate for the respondent/Union of India (through video-conferencing).

Mr. Gunjan Mehta, Addl. A.G., Punjab.

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HARKESH MANUJA, J. (Oral)

Vide this common order, a bunch of 26 Regular First Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from RFA No.266 of 2004.

[2]. By way of present appeal(s), challenge has been laid to the Award dated 21.10.2003 passed by the learned Addl. District Judge, Amritsar (hereinafter to be referred as the ‘Reference Court’), whereby Reference Petitions filed under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) at the instance of landowners were accepted while granting them compensation for their acquired land @ Rs.75,000/-, Rs. 22,500/-, Rs.15,000/- and Rs.3000/- per acre for Chahi, Barani, Banjar Qadim and Gair Mumkin kind of land respectively besides awarding other statutory benefits/interest in their favour.

[3]. Briefly stating, in the present case(s), land measuring 195.3 acres situated within the revenue estate of village Budha Theh, District Amritsar, came to be acquired vide Notifications dated 26.06.1987 and 03.07.1987 issued under Sections 4 & 6 of the Act respectively for Defence purpose followed by an Award passed by the Land Acquisition Collector (for short ‘the LAC’) on 28.06.1989 in terms of Section 11 of the 1894 Act, thereby determining the market value of the acquired land as under:-

“a. at the rate of Rs.50,000/- per acre of chahi/nehri lands.

b. at the rate of Rs.15,000/- per acre of Barani lands.

c. At the rate of Rs.10,000/- per acre of banjar qadim lands. d. At the rate of Rs.2000/- per acre for Gair Mumkin lands.”

[4]. Aggrieved thereof, the appellant(s)-landowners invoked Reference under Section 18 of the Act, which came to be disposed of by the learned Reference Court vide its award dated 21.10.2003, while determining the market value of the acquired land @ Rs.75,000/-, Rs. 22,500/-, Rs.15,000/- and Rs.3000/- per acre for Chahi, Barani, Banjar Qadim and Gair Mumkin kind of land respectively, besides awarding all other statutory benefits. Dis-satisfied with the Award passed by the Reference Court, the present appeals were preferred at the instance of landowners as well as respondents/beneficiaries.

[5]. Impugning the aforesaid Award, learned counsel for the appellants/landowners submits that the learned Reference Court went wrong while discarding previous Award dated 26.11.1987 (Ex.AW7/8) passed by the then learned Additional District Judge, Amritsar relating to Notification dated 02.04.1983 issued under Section 4 of the Act whereby land was acquired for the benefit of Punjab Tourism Development Corporation Limited in Village Budha Theh, District Amritsar, belonging to the same revenue estate of village Budha Theh and the market value was enhanced to Rs.1,25,000/- by the learned Reference Court vide its Award dated 26.11.1987 which became final inter se between the parties there being no Regular First Appeal or Special Leave Appeal preferred at the instance of either of the sides.

[5.1]. Learned counsel also submits that since there was a difference of around 04 years between the two Notifications i.e. 02.04.1983 (previous acquisition) and 26.06.1987 (present acquisition), as such appreciation @ Rs.12% per annum should have been applied over and above the market price assessed vide Award dated 26.11.1987 relating to the acquisition of land vide Notification dated 02.0