IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HAWA SINGH AND OTHERS – Appellant
Versus
HARYANA GOVT THROUGH COLLECTOR SONIPAT AND ORS. – Respondent
RFA_1821_2023
##PAGE1##
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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CM-5264-CI-2023 in, and
RFA-1821-2023 (O&M)
Date of decision: 07.05.2026
Hawa Singh (since deceased) through his LRs and others
. . . . Appellants
Vs.
Haryana Government and others
. . . . Respondents
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CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA
****
Present: - Ms. Sharmila Sharma, Advocate, for the appellants.
Mr. Pritam S. Saini, Additional A.G. Haryana with
Mr. Gaurav Garg, AAG, Haryana.
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DEEPAK GUPTA, J.
This appeal under Section 54 of the Land Acquisition Act, 1894
arises out of the award dated 31.03.2012 passed by the Reference Court of
Learned Additional District Judge Sonipat, relating to acquired land situated
in village Asawarpur, District Sonipat. The appeal is also accompanied by
application bearing CM-5264-CI-2023 under Section 5 of the Limitation Act,
1983 seeking condonation of delay of 3426 days in filing the appeal.
2. As the paper-book would reveal that land situated in various
villages including Asawarpur was notified for acquisition under Section 4 of
the Land Acquisition Act on 17.11.2005, followed by another notification
dated 07.02.2006 under Section 6 of the Act for public purpose, namely for
the development and utilization of land as commercial, institutional and
residential area for Sectors 65, 66, 67 and 68 Sonipat. The Land Acquisition
Collector awarded (cid:1)12,50,000/- per acre for all kinds of land as
compensation for the land along with other benefits.
VIVEK PAHWA
2026.05.07 17:46
I agree to specified portions of
this document
Chandigarh
##PAGE2##RSA-1821-2023 2026:PHHC:071524
3. The acquired land included the land of the appellants, situated
in village Asawarpur. Various landowners, including the appellant, preferred
references under Section 18 of the Act. The Reference Court decided all
those references in a bunch led by LAC No.398 of 2011 titled ‘Mauji Ram v.
State of Haryana’, vide his award dated 31.03.2012 and assessed the
market value of the acquired land at ₹32,00,000/- per acre along with all
other statutory benefits.
4. Not satisfied with the aforesaid award, the appellants are in
the present appeal accompanied by application to condone the delay.
5. In the application of condonation of delay, it is submitted that
as many as 6 references were filed by the petitioners, which were decided
in a bunch. The counsel engaged to file the appeals was provided
documents of all the cases. However, when the RFAs of the other
landowners were decided by a consolidated order, it came to the notice of
the appellants, at the time of disbursal of compensation, that RFAs of only
04 references had been filed and that 2 RFAs were not filed inadvertently,
which has resulted in the delay of 3426 days in filing the appeal.
6. The appellants further submit that appeals arising out of the
same acquisition were decided by this Court on 03.11.2015. Subsequent
proceedings before the Hon’ble Supreme Court, including SLPs, review
applications, and remand, culminated in a common judgment dated
05.07.2019 passed by a Coordinate Bench in RFA No.4101-2008 titled
HSIIDC v.Rajesh Kumar and others, whereby compensation was enhanced.
It is submitted that the present appellants stands on identical footing and
that parity demands extension of the same benefit.
7. Learned State counsel filed reply to the application for
condonation of delay today in Court and the same is taken on record. He
while opposing condonation of delay, has fairly conceded that the land of
the appellants forms part of the same acquisition and is governed by the
judgment dated 05.07.2019.
VIVEK PAHWA
2026.05.07 17:46
I th a isg r de oe c uto m s ep ne tcified portions of Page 2 of 6
Chandigarh
##PAGE3##RSA-1821-2023 2026:PHHC:071524
8. Heard. It is noticed that the applicants alongwith various other
landowners had sought references under Section 18 of the Land Acquisition
Act, 1894, which were decided by the Reference Court on 31.03.2012.
Other landowners preferred appeals before this Court seeking further
enhancement, which were disposed of by a Coordin
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