139-3 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 16.04.2026 Ranbir and others .......... Petitioners Versus State of Haryana and others .......... Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sandeep Panwar, Advocate for the petitioners.

Mr. Abhinav Kalia, Deputy Advocate General, Haryana for the respondents.

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HARKESH MANUJA, J. (ORAL)

The petitioners-landowners, by way of present writ petition, seek quashing of an order dated 06.10.2017 (Annexure P-3) passed by respondent No. 2-Land Acquisition Collector, Urban Estate, Rohtak, Haryana (for brevity “LAC”), whereby their claim with respect to release of annuity benefits in terms of Policy dated 09.11.2010 (Annexure P-1) issued by the Revenue and Disaster Management Department, Haryana Government, was declined on the ground that the application alongwith requisite documents was submitted by them after the expiry of period of six months from the award.

[2] In the present case, some land owned by the petitioners forming part of the revenue estate of Village Garhi Sarai Namdar Khan, Tehsil Gohana, District Sonepat was acquired vide notifications dated 30.06.2010 & 29.06.2011 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short “1894 Act”) respectively for the public purpose, namely, “for setting up residential area, Sector-13, Gohana”. An award under Section 11 of the 1894 Act was passed by the LAC on 24.06.2013. Thereafter on 27.12.2013, the petitioners-landowners moved an application for grant of annuity scheme benefits at the rate of Rs. 21,000/- per acre per annum for a period of thirty-three (33) years in accordance with the aforesaid Notification / Policy dated 09.11.2010. The relevant portion/Clause of the annuity scheme is extracted hereunder:-

“ D. Rehabilitation and Resettlement Policy:

4. Annuity Scheme - revised rates and features:

The payment of Annuity to the persons, who are the landowners at the time of issue of Section 4 Notification (including their nominees over the prescribed period), whose land is acquired by the Government under a statute, is in the nature of a Social Security and Benefit Scheme as a part of the overall R & R Policy of the Government. It has been Introduced primarily with a view to providing additional basic sustenance to the erstwhile landowners for a period of

33 years. Broad features of the Annuity scheme are as under:

i) The eligible landowners will be paid Annuity @ Rs.

21,000/- per acre per annum for a period of 33 years over and above the usual land compensation;

ii) The Annuity amount of Rs. 21,000/- will be increased by a fixed sum of Rs. 750/-every year;

iii) In respect of land acquired in terms of land acquisition policy for setting up of Special Economic Zone/ Technology Cities/ Technology Parks, in addition to the rehabilitation and resettlement package notified by Industries and Commerce Department vide No. 49/48/2006-41B1, dated 4^th May, 2006, a sum of Rs. 42,000/-per acre per annum will be paid for a period of 33 years by private developers and the "Annuity amount will be increased at the rate of Rs.1,500/-

every year;

iv) The scheme of Annuity payment will be applicable to all cases of land acquisition by the Government irrespective of the same being acquired for the State Government and its agencies or the Government of India/ its agencies, including the NHAI, the Railways, and the Defence purposes;

v) The Government Departments acquiring land under a statute shall recover the amount required for discharging the Annuity obligations along with the compensation amount from the concerned agencies (for whom land is acquired) and shall ensure that the 'Instrument of Annuity creating a right in favour of the erstwhile landowner is issued at the earliest;

vi) The landowner would be entitled to appoint his nominee and change the same at any time before his demise for receipt of benefits under this Scheme who would step in his shoes after his death and so on so forth till the co