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RFA-29-2008 (O&M)&XOBJR-72-CI-2018 [1]

along with other connected cases

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

*****

RFA-29-2008 (O&M) &

XOBJR-72-CI-2018

Date of Decision: 19.05.2026

State of Haryana …….Appellant

Versus

Deep Chand and others ..….Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr. Abhinash Jain, DAG, Haryana.

Mr. Sansar Kundu, Advocate

Mr.Abhinav Lochab, Advocate

Mr. Amit Kumar Jain, Advocate

Mr. V.K. Kataria, Advocate

Ms. Kajal, Advocate for

Mr. Amit Aggarwal, Advocate

for the landowner(s).

-.-

HARKESH MANUJA, J. (ORAL)

Vide this common order, a bunch of 15 Regular First

Appeals and 05 XOBJRs, 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 identical facts and question of

law. For the sake of brevity, facts are being taken from RFA No.29 of

2008 and XOBJR 72- CI-2018.

2. In the appeals/cross objections filed by the landowners,

they are seeking further enhancement of compensation for the

acquired land, whereas in the appeals filed by the State of Haryana,

MOHMED ATIK

2026.05.29 19:00

I attest to the accuracy and

integrity of this

order/judgmemtt

RFA-29-2008 (O&M)&XOBJR-72-CI-2018 [2]

along with other connected cases

the prayer is for reduction thereof. The appellant-State of Haryana, by

instituting the appeal(s), preferred under Section 54 of the Land

Acquisition Act, 1894 (for short "1894 Act"), seeks setting aside of an

award dated 03.08.2007 passed by the learned Additional District

Judge-ll, Jind (hereinafter to be referred as "Reference Court") while

restoring the award passed by the Land Acquisition Collector, Jind

(for short “the LAC”).

FACTS

3. Briefly, the facts are that in pursuance of Haryana Govt.

Notification under Section 4 of the 1894 Act issued on 03.06.2002,

followed by Notification dated 14.10.2002 under Section 6 thereof,

certain land of the respondent(s)-landowner(s), situated within the

revenue estate of Village Padana, Tehsil and District Jind was

acquired. The acquisition was made for public purpose, namely, “for

construction of the Padana Sub Minor”. The LAC vide Award dated

04.12.2002, assessed the market value @ Rs. 1,70,000/- per acre for

Nahri land, besides Rs.7,000/- for tubewell along with grant of other

statutory benefits under the 1894 Act.

4. Aggrieved of the assessment made by the LAC, the

interested persons / respondent(s)-landowner(s) preferred reference

petition(s) under Section 18 of the 1894 Act, which were accepted

vide decision dated 03.08.2007, while enhancing the market value for

the land to Rs. 3,00,000/- per acre and a sum of Rs.15,000/- for tube

well, besides all other benefits as provided under the 1894 Act.

MOHMED ATIK

2026.05.29 19:00

I attest to the accuracy and

integrity of this

order/judgmemtt

RFA-29-2008 (O&M)&XOBJR-72-CI-2018 [3]

along with other connected cases

5. Being dissatisfied with the determination made by the

learned Reference Court, both the parties are in appeals/XOBJRs.

DISCUSSION AND REASONING

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

through the paper-book/relevant record.

7. A perusal of the record shows that primarily, relying upon

its own decision dated 02.01.2006 with the leading case titled as

“Lehna vs. State of Haryana” which was produced on record as

Ex.P1 in the evidence before the learned Reference Court, pertaining

to notification dated 23.04.2000 issued under Section 4 of the 1894

Act, whereby, the land forming part of the adjoining Village Shamlo

Kalan was acquired for the public purpose, namely, “for construction

of Ram Kali Minor”, the market value was assessed @ Rs. 3,00,000/-

per acre.

8. Admittedly, the landowners in Lehna’s case (supra)

preferred appeal(s) against the aforesaid determination made by the

learned Reference Court which were subsequently remanded back

by this Court for fresh adjudication vide decision dated 19.01.2011.

Thereafter, the then learned Reference Court re-assessed the market

value of the land acquired vide noti