RFA-2069-2021 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

RFA-2069-2021 (O&M)

Date of decision:10.05.2022

State of Haryana and another

....Appellants

Versus

Daan Singh and others

..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Baldev Raj Mahajan, Sr. Advocate

with Mr. Shivendra Swaroop, AAG, Haryana

and Ms. Vibha Tewari, AAG, Haryana,

Mr. Ashish Gupta, Advocate

Mr. Navneet Singh, Advocate

Mr. Lekhraj Nandal, Advocate

Mr. Chanderhas Yadav, Advocate

Mr. Chander Shekhar Singhal, Advocate

for Mr. Vikrant Hooda, Advocate

for the landowners.

ANIL KSHETARPAL, J

A batch of 68 appeals, (details whereof are on the foot of

the judgment) filed under Section 74 of the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Re-settlement

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

assailing the correctness of a common award passed by the authority

(Reference Court) (hereinafter referred to as 'RC') on 16.05.2019, shall

stand disposed of. This batch of appeals relate to transitional period

between the Land Acquisition Act, 1894 (hereinafter referred to as 'the

1894 Act') and the RFCTLARR Act, 2013. The notification under

Section 4 and 6 were issued under the 1894 Act whereas the award by

the Land Acquisition Collector (hereinafter referred to as 'LAC') has

REKHA SIHAG

2022.05.13 11:26

I attest to the accuracy and

authenticiy of this document

Chandigarh

RFA-2069-2021 (O&M)

2

been announced on 29.04.2014 under Section 24 (1)(a) of the

RFCTLARR Act, 2013.

At this stage, it would be appropriate to note the relevant

particulars of the cases:-

29.09.2011

Notification under Section 4 of the 1894 Act was

issued proposing to acquire 69.27 acres of land

located in Revenue Estates of Sarai Aurangabad,

Kassar, Barakhdabad, Sankhol, and Bahadurgarh

for development of Sector dividing road between

Sector 5-15, 4-A-15, 4A-4, 4A-4B, 3-14, 3-3A and

Sector 14 Bahadurgarh

28.09.2012

Declaration under Section 6 of the 1894 Act was

published with respect to 47.11 acres of land.

29.04.2014

The LAC announced the award under Section 24

(1) (a) of the RFCTLARR Act, 2013 assessing the

market value of the acquired land at the rate of

Rs.50,00,000/- per acre.

16.05.2019

The RC has assessed the marekt value of the

acquired land at the rate of Rs.1,02,20,000/- per

acre. Micreteck Realtors Pvt. Ltd have been held

entitled to market value at the rate of

Rs.1,05,50,000/- per acre

The RFCTLARR Act, 2013 came into force on 002014. A

Hybrid provision, in order to save the incomplete compulsory

acquisitions of the land under the 1894 Act, has been incorporated in the

RFCTLARR Act, 2013, which is extracted as under:-

“24. Land acquisition process under Act

No. 1 of 1894 shall be deemed to have lapsed in

certain cases.–

(1) Notwithstanding anything contained in this Act, in

any case of land acquisition proceedings initiated

under the Land Acquisition Act, 1894,—

(a) where no award under section 11 of the said Land

Acquisition Act has been made, then, all provisions

of this Act relating to the determination of

compensation shall apply; or

(b) where an award under said section 11 has been

made, then such proceedings shall continue under the

provisions of the said Land Acquisition Act, as if the

REKHA SIHAG

2022.05.13 11:26

I attest to the accuracy and

authenticiy of this document

Chandigarh

RFA-2069-2021 (O&M)

3

said Act has not been repealed.

(2) Notwithstanding anything contained in sub-

section (1), in case of land acquisition proceedings

initiated under the Land Acquisition Act, 1894 (1 of

1894), where an award under the said section 11 has

been made five years or more prior to the

commencement of this Act but the physical

possession of the land has not been taken or the

compensation has not been paid the said proceedings

shall be deemed to have lapsed and the appropriate

Government, if it