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RFA-247-2018 (O&M) [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

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RFA No. 247-2018 (O&M)

Date of Decision: 18.05.2026

Gulshan Kumar …….Appellant

Versus

The Collector, Gurdaspur and ors. ..….Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr. R.S. Manhas, Advocate

for the appellant.

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

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HARKESH MANUJA, J. (ORAL)

By way of present appeal, challenge has been laid to an

award dated 11.01.2012 passed by the learned Reference Court-

cum-Addl. District Judge, Gurdaspur.

2. Briefly stating, in the present case, some land owned by

the appellant situated in revenue estate of Village Pangota Khas,

Pathankot (erstwhile District Gurdaspur) came to be acquired vide

notifications dated 07.08.1995 and 17.06.1996 issued under Sections

4 and 6 respectively of the Land Acquisition Act, 1894 (hereinafter

referred to as 'the Act'). The acquisition was carried out for public

purpose of construction of reservoir of Ranjit Sagar Dam, Pathankot.

At the time of acquisition, certain construction was already existing

over the land in question regarding which award was passed by Land

SANJAY GUPTA

2026.05.20 18:40

I attest to the accuracy and

integrity of this document

RFA-247-2018 (O&M) [2]

Acquisition Collector (for short 'the LAC') on 10.07.1998 granting

compensation to the tune of Rs.1,12,264/- to the landowner(s). Being

aggrieved, the appellant-landowner sought reference under Section

18 of the Act which came to be partly accepted while awarding of

compensation of 20% over and above the value of super structure as

assessed by the LAC. Aggrieved of the decision dated 11.01.2012,

the present appeal has been preferred.

3. Learned counsel for the appellant submits that by way of

evidence in the shape of deposition of AW-2 namely, Pawan Kapil,

approved valuer (possessing Diploma of Civil Engineering), site plan,

valuation report and assessment report regarding the construction

existing over the acquired land were proved on record as Exs. A-1,

AX and AY respectively, whereby, the total value of the building was

assessed at Rs.1,95,141/- and thus, the appellant-landowner was

entitled for the same benefit.

4. On the other hand, learned counsel appearing on behalf

of respondents submits that a well-reasoned award was passed by

the learned Reference Court upon appreciation of evidence available

on record and the same thus, calls for no interference and the

present appeal needs to be dismissed.

5. I have heard learned counsel for the parties and gone

through the paper-book. I find substance in the submissions made on

behalf of the appellant-landowner.

SANJAY GUPTA

2026.05.20 18:40

I attest to the accuracy and

integrity of this document

RFA-247-2018 (O&M) [3]

6. As per the records, the appellant-landowner was awarded

sum of Rs.1,12,264/- as compensation towards structure existing

over the acquired land. From the deposition of RW-1, Manjit Singh,

Divisional Head Draftman, Ranjit Sagar Dam, it is clear that an award

was passed on the basis of assessment made by a committee

consisting of 3 members constituted by the respondents-authority,

however, the determination was never made as per CSR rates. It is

not disputed that as per the policy decision dated 18.11.1993 by the

Deputy Commissioner-cum-Chairman of Sub Committee (R&R),

Shahpurkandi Dam Project, the valuation of house and other

structures over the acquired land needs to be carried out as per the

current Common Schedule of Rates (CSR) as applicable to PWD

Irrigation Branch.

7. On the contrary, the valuation of the super structure has

been proved on record as Rs.1,95,141/- by the appellant-landowner

through deposition of AW-2/Pawan Kapil; the approved valuer

(possessing Diploma of Civil Engineering) through Site plan (Ex.AX),

Valuation Report (Ex.A-1) and Assessment Report (Ex.AY).

8. Despite a lengthy cross-examination of AW-2,

respondents have not been able to impeach the credibility of his

deposition, thus, in such circumstances, the valuation Report (Ex.A-2)

needs to be relied upon as a