RFA No.309 of 2021(O&M)

and other connected cases

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RFA No.309 of 2021(O&M)

and other connected cases

Date of decision:19.04.2022

State of Haryana and another

...Appellants

Versus

Rajbir and another

...Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Baldev Raj Mahajan, Advocate General, Haryana

with Mr. Shivendra Swaroop, AAG, Haryana,

Ms. Vibha Tewari, AAG, Haryana, and,

Mr. Harsh Vardhan, AAG, Haryana.

Ms. Nikita Goel, Advocate.

Mr. Jaivir Yadav, Sr. Advocate

with Mr. Nitish Sharma, Advocate

Mr. Sanjiv Ghai, Advocate

with Mr. Saurabh Garg, Advocate

Mr. Ram Darshan Yadav, Advocate

Mr. Surjit Singh Chaudhary, Advocate

Mr. B.K. Bagri, Advocate

Mr. Sahil Gupta, Advocate

Mr. Aditya Yadav, Advocate

Mr. Abhishek Yadav, Advocate

Mr. Gulshan Nandwani, Advocate

Mr. Satish Kumar, Advocate

for Mr. P.R. Yadav, Advocate

Mr. A.K. Yadav, Advocate

Mr. S.S. Khurana, Advocate

for the landowners.

ANIL KSHETARPAL, J.

1)

In the present RFA, the following questions need deliberation:-

(1)

With respect to acquisition of immovable property during

transitional period between the Land Acquisition Act,

NARESH KUMAR

2022.04.29 15:09

I attest to the accuracy and

integrity of this document

RFA No.309 of 2021(O&M)

and other connected cases

-2-

1894 ( hereinafter referred to as the 1894 Act) and The

Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act,

2013(hereinafter referred to as RFCTLARR Act, 2013')

regulated by Section 24(1)(a), whether the crucial date for

the assessment of the market value is the date of

enforcement of the Act i.e. 01.01.2014 or the date of

publication of notification u/s 4(1) of the 1894 Act?

(2).

Whether the date from which the additional amount

payable U/s 30(3) of RFCTLARR Act, 2013 @ 12% P.A.

is to be calculated shall be 01.01.2014 or the date on

which notification U/s 4(1) of the 1894 was published?

(3).

Whether the letter/communication dated 26.10.2015 is in

the nature of directions issued by the Central Government

in exercise of power u/s 113 of the RFCTLARR Act,

2013?

If the answer to question (3) is in affirmative, then, the next

question which would require elaboration is:-

(4)

Whether during the transitional period, the

communication dated 26.10.2015 shall supplant the

provisions of the RFCTLARR Act, 2013?

2.

Through this judgment, a batch of appeals ( Details whereof are

at the foot of judgement) filed under Section 74 of the RFCTLARR Act,

2013' or the New Act), challenging the correctness of the awards passed by

the Reference Court/Authority under the new Act (hereinafter referred to as

NARESH KUMAR

2022.04.29 15:09

I attest to the accuracy and

integrity of this document

RFA No.309 of 2021(O&M)

and other connected cases

-3-

'RC') on 12.01.2018, 19.04.2018 shall stand disposed of. Learned counsels

representing the respective parties are ad idem that this batch of appeals can

conveniently be disposed of by a common judgement.

3.

The notifications issued under Section 4 and 6 of the 1894 Act

are common. Through different awards passed by the Land Acquisition

Collector (hereinafter referred to as 'the LAC') under Section 26 of the

RFCTLARR Act, 2013, the following amount was assessed:-

Sr.No.

Name of Village

Amount assessed by the Collector

1.

Kalaka

Rs.39,14,000/- per acre

2.

Mandhia Kalan

Rs.39,14,000/- per acre

3.

Jhanjhanwas

Rs.34,70,000/- per acre

4.

Piwra

Rs.34,55,000/- per acre

5.

Kosniwas

Rs.46,40,000/- per acre

4.

Whereas the RC (authority under the new Act) has assessed the

market value of the acquired land located in the villages as follows:-

Sr.No.

Name of Village

Amount assessed by the Reference

Court

1.

Kalaka

Rs.56,9,592/- per acre

2.

Kosniwas

Rs.58,71,888/- per acre

5.

These cases pertain to the transitional period between the 1894

Act and the RFCT