SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(P&H) 80711

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harkesh Manuja, J
Jaharvir Goga Samiti – Appellant
Versus
State of Haryana – Respondent
RFA No. 1182 of 2024 (O&M) | RFA Nos. 1183, 1184, 1189, 1190, 1192, 1193, 1202, 1204, 1206, 1207, 1210, 1218, 1219 & 1220 of 2024 | 7, 14, 38 & 105 of 2025



Advocates:
For the Appellants/Petitioners: Vijay Kumar Jindal, Abhishek Shukla, Bhag Singh, Yadvinder Singh Turka, Jaspreet Kaur Sandhu
For the Respondents: Abhinash Jain

The Authority or Court, while exercising adjudicatory jurisdiction under Section 64 of the 2013 Act, is not strictly bound by the methodology prescribed in Section 26 for the Collector. It retains independent power to determine just and fair market value based on all available evidence and judicial principles.

Headnote:(A) Land Acquisition Act, 1894 - Section 54 - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 26, 28, 64 and 69 - Determination of market value - Reference to Authority - Whether the Authority or Court, while adjudicating upon a reference, is bound by the parameters prescribed under Section 26 of the 2013 Act - Held, Section 26 prescribes the methodology for the Collector and does not restrict the independent adjudicatory jurisdiction of the Authority or Court - The Authority or Court retains the power to assess market value based on all materials on record and is not confined to a mechanical application of Section 26 parameters. (Paras 6-8, 12, 17, 21)

(B) Valuation of Land - Principle of Guesstimate - Where multiple sale exemplars exist, averaging is permissible when values fall within a narrow bandwidth, whereas the highest exemplar is preferred for substantial variations - Consideration of potential for future use and application of appreciation rates for time gaps between sale instances and notification are essential for just and fair compensation. (Paras 14-16, 20)

Facts of the case:
Landowners sought enhancement of compensation for acquired land, dissatisfied with the award passed by the Reference Court. The primary challenge was the legality of the Reference Court strictly applying the parameters of the 2013 Act to determine market value, ignoring other reliable evidence such as sale deeds pertaining to the acquired land.

Findings of Court:
The Court held that Section 26 of the 2013 Act acts as a regulatory mechanism for the Collector’s initial determination but does not bind the judicial Authority exercising powers under Section 64. The Court applied an average of multiple sale instances, adjusted for appreciation and local factors, to arrive at a fair market value.

Issues: The main issue was whether the adjudicating authority under the land acquisition law is strictly bound by the statutory parameters set for the Collector or whether it retains judicial discretion to consider all evidentiary material to determine just compensation.

Ratio Decidendi: The court ruled that the Authority or Court exercising judicial powers is not restricted by the methodology prescribed for the executive collector. As a welfare legislation, the Act warrants a broad and liberal interpretation to ensure just and fair compensation, allowing the use of judicial discretion and the principle of guesstimate based on all available evidence.

Result: Appeals allowed; compensation enhanced.

This order shall dispose off the present nineteen (19) appeals bearing RFA Nos. 1182, 1183, 1184, 1189, 1190, 1192, 1193, 1202, 1204, 1206, 1207, 1210, 1218, 1219 & 1220 of 2024; 7, 14, 38 & 105 of 2025); as the same arise out of common acquisition / award.

In all appeals, the appellant(s)-landowner(s) are seeking further enhancement of compensation for the acquired land.

The appellant(s)-landowner(s), by way of present appeal(s) preferred under Section 54 of the Land Acquisition Act, 1894 (for short “1894 Act”), seek modification of the award dated 02.08.2024 passed by the learned Additional District Judge, Ambala (hereinafter to be referred as “Reference Court”), for enhancement of compensation amount.

FACTS

The relevant date(s) / particulars of the acquisitions are as under:-

Particulars Relevant date / description
Notification under Section 4 of the Land Acquisition Act, 1894 03.05.2012
Final declaration under Section 6 of the Land Acquisition Act, 1894 17.10.2012
Total Extent acquired 20 acres 6 Kanal 15 Yards (As per LAC’s Award)
Village Barara
Had Bast No. 203
Tehsil & District Barara & Ambala
Public Purpose Construction of Mini Secretariat for Sub Division Barara
Land Acquisition Collector’s Award No. & Date 1 dated 13.10.2014
Land Acquisition Collector’s Award Rs. 15 lakhs per acre for the land besides other statutory benefits under the 1894 Act.
Reference Court’s Awards date 02.08.2024
Reference Court’s Award Reference(s) allowed while granting Rs. 390/- per square yard along with other statutory benefits under the 1894 Act.

Dissatisfied with the aforesaid award dated 02.08.2024 passed by the learned Reference Court, the present appeal(s) have been preferred at the instance of appellant(s)-landowner(s).

CONTENTION(S):

ON BEHALF OF THE APPELLANT(S)-LANDOWNER(S)

Impugning the aforesaid award dated 02.08.2024, learned Senior Counsel for the appellant(s)-landowner(s) submits that the learned Reference Court erred having discarded the sale deeds produced by the appellant(s)-landowner(s), especially when the majority of such sale deeds pertained to the acquired land parcel itself. Learned Senior Counsel also points out that the parameters laid down under Section 26 of The Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “2013 Act”) are though required to be followed by the Land Acquisition Collector, Ambala (for brevity “LAC”), however, the same in no manner restrict or regulate the scope of the jurisdiction vested with the ‘Authority’ adjudicating upon the application preferred under Section 64 of the 2013 Act by the appellant(s)-landowner(s). Learned Senior Counsel thus submits that the re-determination of the market value in the case(s) in hand was required to be made by relying upon the sale instances produced by the appellant(s)-landowner(s), especially the one fetching highest of the sale consideration.

No other point has been raised on behalf of the appellant(s)-landowner(s).

ON BEHALF OF RESPONDENT(S)-STATE OF HARYANA

Per contra, learned counsel for the respondent(s)-State of Haryana submits that the impugned award passed by the learned Reference Court is based on proper appreciation of evidence and the pleadings available on record; the learned Reference Court rightly relied upon the sale exemplars Exhibit R-1 & Exhibit R-2; as such, no modification therein is required and thus, the present appeals are liable to be dismissed. Learned State Counsel also contends that as the award dated 13.10.2014 was passed by the LAC under the provisions of the 2013 Act, the objections preferred at the hands of aggrieved landowners were to be dealt strictly within terms of Section 26 thereof.

DISCUSSION AND REASONING

After hearing learned counsel for the parties and having gone through the paper-book / records, I find substance in the submission(s) made on behalf of the appellant(s)-landowner(s).

In the present case(s), though the acqu

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top