Punjab-Haryana High Court
Hsiidc vs Mohakam Ram And Others on 13 September, 2022
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
RFA No.26 of 2022(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RFA No.26 of 2022(O&M)
Date of order:13.09.2022
Reserved on:31.08.2022
HSIIDC
.Appellant
Versus
Mohakam Ram and others
...Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. B.R.Mahajan, Sr. Advocate, with Mr. Pritam Singh Saini, Advocate for HSIIDC.
Mr. Amit Jain, Sr. Advocate with Mr. Dhruv Mittal, Advocate Mr. Abhishek Yadav, Advocate, Mr. B.K.Bagri, Advocate Mr. Ashish Jhamb, Advocate for Mr. Vikram Singh, Advocate Mr. Ranvijay Singh, Advocate Mr. Hitesh Malik, Advocate Mr. Jivesh Malik, Advocate for the landowners.
Ms. Vibha Tewari, AAG, Haryana.
ANIL KSHETARPAL, J
1. BACKGROUND AND INTRODUCTION:-
1.1 While praying for the modification of a common award passed by the Reference Court (hereinafter referred to as 'the RC') on 10.10.2021, a batch of Regular First Appeals (details whereof are at the foot of the judgment) has been filed by the landowners as well as the beneficiary of the acquisition, namely, Haryana State Industrial and Infrastructure Development Corporation (HSIIDC).
1 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -2- 1.2 The notifications issued under Section 4 and 6 of the Land Acquisition Act, 1894, are common. The Land Acquisition Collector (hereinafter referred to as 'the LAC') has offered to pay Rs.16,00,000/- per acre along with statutory benefits as compensation for acquiring 584 acres of land located in the four different villages namely, Bawal, Chirhara, Banipur and Rudh in the sub division Bawal. The awards passed by the RC are different but identical market value of the acquired land has been assessed.
The learned counsels representing the parties are ad-idem that all the appeals in this batch can, conveniently, be disposed of by a common judgment.
1.3 The relevant particulars of the acquisitions are as under:-
Sr.No. Relevant Particular
Date
1. 08.06.2007 Notification under Section 4 of the Land
Acquisition was issued proposing to acquire the land spread over in four villages, namely, Bawal, Chirhara, Banipur and Rudh for developing Industrial Model Township, Phase-III, Bawal.
2. 27.02.2008 Final declaration under Section 6 of the Land Acquisition Act, 1894, was published.
3. AWARDS The LAC offered to pay Rs.16,00,000/- per acre 25.09.2008, uniformly to all the landowners with respect to 29.09.2008 acquisition of land measuirng 584 acres in all the four villages
4. 17.01.2015, By different awards, the RC, in the first round 30.05.2015, assessed the market value of the acquired land @ 16.07.2015 Rs.22,00,000/- per acre and 28.072015
5. 15.11.2017 In HSIIDC vs. Ram Kanwar (RFA No.4236 of 2016, the High Court remitted the matter back to the RC, for deciding afresh.
6. 14.10.2021 The RC, in second round, has assessed the market Value @ Rs.32,26,914/- per acre.
1.4 The landowners have projected that keeping in view the 2 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -3- location and potentiality of the acquired land, the amount offered by the LAC is not corresponding to the market value of the acquired land at the relevant time. It has been submitted that since 1990, HSIIDC has established its Industrial Growth Centre at Bawal and about 18 commercial sectors have already been developed, wherein the Multi National Companies like YKK (Japan), Pasco Steel (Koria), Caparo Maruit (U.K.), General Motors (UK), Indo Nissin Food (Japan), Mushasi India Limited (Japan), sunaki (Japan), Kehin Fi (Japan), NTN (Japan), RST (Japan), L.S. Cable (South Korea), Mitsui (Japan), Spaceage (Dubai), Hema (Germany), IGL (Japan), Gutterman (Germany), UFI Filter (Italy), and BD (Narvey) have opened their units. Even prior to 08.06.2007, many hotels Like Le Meridian, Haldiram, Hospital-Jaipur Golden, show room of Liberty foot wears, petrol pumps and other well known commercial houses have been operating in the area. The companies like Asahi India Glass Limited, Nerolac Paints, Exide Battery, REI Agri, Metso, Garud Cement, Atlas Tube, Asian Colour Coated, Rani NSK, Wheel India, Tecpro, Sona and Tal Bros etc. have opened their factories in the area. Around 9 acres of land of Pasupati Company which is situated adjacent to the acquired land was auctioned @ Rs.24 Crore in the year 2006, whereas, 3200 sq. meters of land was auctioned by HSIIDC for Rs.15, 40,00,000/- for opening a 3 Star Hotel, in the year 2006.
1.5 Per contra, the HSIIDC has taken a stand the the amount assessed by the LAC is fair, proper and reasonable and the location and potential of the acquired land has been fairly assessed while announcing the award.
1.6 The RC has culled out the following issues for adjudication:-
"1. What was the market value of the acquired land on 3 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -4- the date of notification No.32/03/07 dated 08.06.2007 under Section 4 of the Land Acquisition Act, 1894?OPP
2. Relief."
1.7 In fact, the RC, in the first round, decided all these cases by 4 different judgments.
2. ORAL AND DOCUMENTARY EVIDENCE (I) IN THE CASES ARISING FROM ACQUISITION OF LAND IN VILLAGE BAWAL 2.1 The landowners examined the following witnesses in the oral evidence:-
PW1 Mani Ram
PW2 Sumer Singh
PW3 Om Parkash, Registration Clerk, Office of Sub-Registrar,
Bawal
PW4 S.S.Lamba, Mnager, HSIIDC, IMT Bawal
PW5 Hukam Singh
PW6 Mussadi Lal
PW7 Mahabir Singh, Civil Draftsman, District Court, Rewari
PW8 Suresh Chand (wrongly mentioned as PW7)
PW8 Satyapal, B.Tech, Engineer
2.2 The landowners in the documentary evidence, produced the
following documents (apart from the sale deeds, a tabulated compilation of which is provided in para 5.7 of the judgment):-
Ex.PW4/A Memo No.186-87 dated 27.04.2006 allotting budged hotel site at Growth Centra, Bawal to M/s Jhankar Consultancy Pvt. Ltd.
Ex.PW4/B Sketch of the plot allotted to M/s Jhankar Consultancy Pvt. Ltd.
Ex.PW5/1 Local Government Department notification dated 30.11.1995.
Ex.PW5/2 Jamabandi for the eyar 2004-05 related to Bawal. Ex.PW6/B Site plan of the property of Musaddi Lal etc. situated at 4 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -5- Bawal.
Ex.PW7/A Site plan of the acquired land Ex.P8/1 Site plan prepared by Expert Satyapal Ex.P8/2 Report regarding the property of Naveen prepared by the expert Satyapal Ex.P8/3 Copy of renewal of licencse of Satyapal Expert dated 28.01.2004 Ex.P-11 Copy of the award No.5/R dated 25.09.2008.
2.3 On the other hand, the HSIIDC examined the following witnesses in the oral evidence:-
RW1 Rajeev Kumar, Computer Operator-cum-Clerk, LAC-
cum-SDO(Civil) RW2 Rewari Ashok Kumar, HSIIDC, IMT, Bawal RW3 Jitenedr Kumar, Clerk, SDM Office, Bawal 2.4 In documentary evidence, the HSIIDC produced the following documents (apart from the sale deeds, a tabulated compilation of which is provided in para 5.7 of the judgment:-
Ex.RA Memo No.1E/LA/3677A2K6M/RWR/Part-IV/91-A dated 02.01.2015 withdrawing the land for Manesar and Bawal Division from acquisition in public interest.
Ex.R-B List of sale deeds Ex.RW2/B Copy of the notification dated 07.12.2007 related to the
policy for rehabilitation and resettlement of land owners-Land Acquisition Oustees.
Ex.RW2/C Details of annuity as per R&R policy at IMT Bawal Ex.RW2/D Public Notice inviting applications from oustees/erstwhile land owenrs for allotment of residential plots under resettlement and rehabilitation policy dated 07.12.2007.
Ex.RW2/E Public Notice Ex.RW2/F List of development works undertaken by HSIIDC in
the villages whose land is acquired. Ex.RY Copy of the LAC award dated 10.12.2014 regarding the structures on the acquired land.
5 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -6- Ex.RZ Letter No.HSIIDC/IMT/14/619 dated 14.05.2014 regarding transfer of the amount of Rs.34,34,100/- by the HSIIDC into the account of SDO(Civil)-cum-LAC, Rewari.
2.5 In the rebuttal evidence, the landowners produced the following documentary evidence:-
Ex.P11 Certified copy of the award dated 17.01.2015 passed in LA case No.161 of 2011 titled as Babu Lal and others vs. State of Haryana and others Ex.P12 Copy of the award dated 30.05.2015 passed in LA case No.1 of 211 titled as Shish Ram and others vs. State of Haryana and others Ex.P13 Copy of the judgment dated 14.09.2010 passed by Hon'ble High Court of Punjab and Haryana at Chandigarh in RFA No.3541 of 2006 (O&M) titled as Nandram and others vs. State of Haryana and others. Ex.P14 Copy of the judgment passed by Hon'ble Supreme Court of India in the Civil Appeal No.9553 of 2011 titled as HSIIDC vs. Nand Ram and others.
2.6 After remand of the case by the High Court vide order dated 15.11.2017, the landowners examined PW9-Om Parkash Yadav, Draftsman, PW10-P.K.Dabas, Architect, PW11-Naveen Kumar. The following documents were further produced by the landowners:-
Ex.PW9/B Site plan of the property of Naveen Kumar situated at Bawal.
Ex.PW10/B Report of valuation of immovable property Ex.PW10/C Cash memo by Sarja Civicon consultancy Ex.PW11/1 to Electricity bills in the name of Naveen Kumar Ex.PW11/11 Ex.PW11/12 Aks-sajra of village Bawal Ex.PW11/13 Jamabandi of village Bawal for the year 2011-12 Ex.PW11/14 Jamabandi of village Bawal for the eyar 2004-05 Ex.PW11/15 Mutation No.9809 sanctioned in favour of Naveen etc. on the demise of Rattan Singh Ex.PW11/16 to Photographs of the superstructure and trees over the Ex.PW11/27 acquired land belonging to Naveen Kumar etc. 6 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -7- Ex.PW11/28 Copy of the notice under Section 9 of the Land Acquisition Act, 1894.
Ex.PW11/29 Copy of the objections filed by Naveen Kumar before the Lanc Acquisition Collector-cum-SDO, Rewari Ex.PW11/30 Letter No.12958 dated 06.10.2009 from the Executive Engineer, PWD (B&R) Rewari to Sh. Naveen Kumar Ex.PW11/31 Award dated 10.12.2014 respecting the structures on the acquired land Ex.PW11/32 Valuation summary of the structures existing on the acquired land of Bawal.
Ex.PW11/33 and Valuation of shops/house/building/structure Ex.PW11/34 2.7 After the remand of the cases by the High Court, the HSIIDC neither examined any witness nor tendered any document.
(II) In the cases of Shish Ram and others (since deceased) through LRS and others vs. State of Haryana and others, Jai Narain and others vs. State of Haryana and others, Abey Singh and others vs. State of Haryana and others, Rajender Singh and others vs. State of Haryana and others, the following evidence was produced.
2.8 The landowners examined the following witnesses in the oral evidence:-
PW1 Basti Ram PW2 Mahavir Yadav, Draftsman PW3 Abhey Singh, Legal Assistant HSIIDC, IMT Bawal PW4 Ramnath PW5 Kuldeep, Patwari, Halqa Sulkha, Tehsil Bawal 2.9 The landowners also produced the following documentary
evidence apart from the sale deeds, a table of which is compiled in para No.5.7 of the judgment:-
Ex.PW2/A Site plan of the acquired land Ex.PW3/A Memo No.186-87 dated 27.04.2006 regarding 7 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -8- allotment of budged hotel site at Growth Centre, Bawal, through Jhankar Consultancy Pvt. Ltd.
Ex.PW4/1 Certified copy of the sale deed no.43 dated 13.04.2006 Ex.PW5/A Aks-sajra related to village-Rudh Ex.PW5/B Mutation NO.422 Ex.PW5/C Jamabandi for the eyar 2008-09 related to village-
Bawal.
Ex.P7 Certified copy of the award dated 17.01.2015 passed in LA case No.161 of 2011 titled as Babu Lal and others vs. State of Haryana and others.
2.10 On the other hand, the HSIIDC once again examined RW1- Ashok Kumar, HSIIDC, IMT Bawal, and also examined RW2-Jitender Kumar, Clerk.
2.11 In the documentary evidence, the following documents were produced by the HSIIDC, apart from the sale deeds a tabulated compilation of which is provided in Para No.5.7 of the judgment:-
Ex.RA Statement of the Land Acquisition Collector Ex. RB State No.19 of the Land Acquisition Act, 1894. Ex.RC Copy of award No.3/R dated 29.08.2008 related to village Rudh Ex.RD Memo No.1E/LA/3677A2K6M/RWR/Part-IV/91-A dated 02.01.2015 withdrawing the land for Manesar and Bawal Division from acquisition in public interest.
Ex.RE List of sale deeds Ex.RW1/B Copy of the notification dated 07.12.2007 related to
the policy for rehabilitation and resettlement of land owners-Land Acquisition Oustees.
Ex.RW1/C Details of annuity as per R&R policy at IMT Bawal Ex.RW1/D Public notice inviting applications from oustees/erstwhile land owners for allotment of residential plots under resettlement and rehabilitation policy dated 07.12.2007 Ex.RW1/E Public notice Ex.RW1/F Conditions for allotment of residential plot under R&R policy dated 07.12.2007.
Ex.RW1/G Memo dated 19.04.2012 regarding resumption of the budged hotel site allotted to M/s Jhankar Consultants 8 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -9- Pvt. Ltd.
Ex.RW1/ Proceedings of the meeting regarding fixation of Collector rates dated 30.05.2008 Ex.RW1/J HSIIDC IMT Bawal, layout plan of phase I to IV.
(III) In the case of Jai Narain and others vs. State of Haryana and others.
2.12 In oral evidence, PW1-Chiranji Lal appeared on behalf of the landowners.
2.13 The landowners produced the following documents in documentary evidence (apart from the sale deeds, a tabulated compilation of which is provided in Para 5.7 of the judgment):-
ExP22 Copy of the judgment dated 14.09.2010 passed by Hon'ble High Court of Punjab and Haryana at Chandigarh in RFA Nop.3541 of 2006 (O&M) titled as Nandram and others vs. State of Haryana and others Ex.P23 Copy of the judgment passed by Hon'ble Supreme Court of India in the Civil Appeal No.9553 of 2011 titled as HSIIDC vs. Nand Ram and others Ex.P24 Certified copy of the award dated 30.05.2015 passed in LA case No.1 of 2011 titled as Shish Ram and others vs. State of Haryana and others.
2.14 On the other hand, the HSIIDC examined RW1-Ashok Kumar, HISIDC, IMT Bawal, and RW2-Jitender Kumar, Clerk.
2.15 The following documents were also produced by the HSIIDC, apart from the sale deeds, a tabulated compilation of which is provided in Para No.5.7 of the judgment:-
Ex.RW1/B Copy of the notification dated 07.12.2007 related to the policy for rehabilitation and resettlement of land owners-Land Acquisition Oustees Ex.RW1/C Details of annuity as per R&R Policy at IMT Bawal. Ex.RW1/D Public notice inviting applications from oustees/erstwhile land owners for allotment of residential plots under resettlement and rehabilitation 9 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -10- policy dated 07.12.2007 Ex.RW1/E Public Notice Ex.RW1/F Terms and conditions for eligibility of allotment of residential plots Ex.RW1/G Memo dated 19.04.2012 regarding resumption of the budged hotel site allotted to M/s Jhankar Consultants Pvt. Ltd.
Ex.RW1/H Proceedings of the meeting regarding fixation of Collector rates dated 30.05.2008 Ex.RW1/J HSIIDC, IMT Bawal, layout plan of phase I to IV Ex.RB List of sale deeds Ex.RC Statement of Land Acquisition Collector Ex.RD Statement No.19 of the Land Acquisition Act, 1894 Ex.RE Copy of the award No.2/R related to village Chirhara.
(IV) In the case of Rajender Singh and others vs. State of Haryana and others.
2.16 The landowners did not examine any witness and no documentary evidence was produced.
(V) In the case of Abhey Singh and others vs. State of Haryana and others.
2.17 The landowners examined the following witnesses in the oral evidence:-
PW1 Ramesh
PW2 Raghubir Singh, Patwari, HSIIDC, IMT Bawal
PW3 Dharambir
PW4 Shri Sumit Mohan, Assistant Record keeper, District
Courts, Rewari
PW5 Sh. Shiv Charan, Halqa Patwari
2.18 The landowners produced the following documents, apart from
the sale deeds, a table of which is compiled in Para 5.7 of the judgment:-
Ex.P1 Copy of notification No.32/10/92-41B1 dated
03.09.1993 Ex.P2 Copy of notification No.32/13/05-4IBI dated 10 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -11- 13.03.2006 Ex.P3 Copy of notification No.32/3/2007-4IBI dated 27.02.2008 Ex.P4 Certified copy of the award ated 28.07.2015 passed by Sh. J.S. Kundu, the then learned ADJ, Rewari, in LA case No.221 of 2011 titled as Sardar Singh and others vs. State of Haryana and others Ex.P5 Aks-sajra related to village Banipur Ex.P6 Mutation NO.1004 Ex.P7 Certified copy of the award dated 07.05.2018 passed in LA case No.221 of 2018 titled as Sardar Singh and others vs. State of Haryana and others.
2.19 In the second round, as many as 284 reference petitions were disposed of while assessing Rs.41,24,016/- per acre as market value of the acquired land along with all statutory benefits vide the award dated 07.05.2018. In HSIIDC vs. Teshi and others (RFA No.3146 of 2019), (Date of decision 16.12.2019), the High Court, once again, set aside the award passed by the RC while directing re-decision. After the second remand, the landowners, once again, examined PW12-Sunil Kumar, HRC, PW13-Ravinder Singh, Registration Clerk, Sub-Registrar Offier, Bawal, PW14-Mahavir Yadav, Draftsman, District Courts, Rewari, in the oral evidence. A layout plan of the property was produced as Ex.PW14/1 in the documentary evidence.
2.20 On the other hand, the HSIIDC examined RW4-Madan Lal, Patwari, HSIIDC, IMT Bawal in the oral evidence, and produced layout plans Ex.RW6/A of HSIIDC, Bawal in respect of the acquired land in villages, Bawal, Banipur, Chirhara, Rudh, Asalwas, Suthani, Suthana, Jalalpur, Jaliawas, Bagthala, Deodhai and Karnawas in the documentary evidence.
3. REASONS GIVEN BY THE REFERENCE COURT 11 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -12- 3.1 This court has carefully read the various awards passed by the RC. In substance, the RC has recorded the following reasons to award an amount of Rs.32,26,914/- per acre:-
(1) In view of Section 25 of the 1894 Act, the sale deeds produced by the HSIIDC reflecting a price lower than the amount offered by the LAC in its award cannot be taken into consideration.
(2) The sale deeds EX.P1 to Ex.P7 are with respect to significantly small parcels of land and therefore, held to be not comparable.
(3) Sale deed no.1316 dated 19.09.2006 and sale deed no.1770 dated 29.10.2006, of land measuring 1 kanal each, have been found relevant to assess the market value of the acquired land.
(4) Similarly, the court found that sale deeds no.43 dated 13.04.2006 with respect to 19 kanals and 8 marlas of land in village Bawal is the most relevant sale deed to assess the fair market price.
(5) Thereafter, the RC held that the four sale deeds, namely, sale deeds no.1316 dated 19.09.2006, Sale deed No. 1770 dated 29.11.2006 , sale deed no. 43, dated 13.04.2006 and sale deed no.1065 dated 21.08.2008 relate to significantly large chunks of land and therefore, are worth relying upon for the purpose of assessment of the market value of the acquired land.
12 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -13- (6) Subsequently, the RC held that if the average sale price of the aforesaid four sale deeds is calculated, it comes to Rs.
53,78,190/-. Thereafter, the court proceeded to apply deduction of 40% on account of cost of development of the acquired land and utilization of space for providing infrastructural facilities like roads, passages etc. (7) Finally, the RC arrived at a figure of Rs.32,26,914/- per acre with respect to the entire acquired land located in all the four villages. The claim with regard to the enhancement of compensation on account of structures was dismissed by the RC.
4. ARGUMENTS MADE BY THE LEARNED COUNSELS REPRESENTING THE PARTIES:-
4.1 This Bench has heard the learned counsels representing the parties at length and with their able assistance perused the voluminous record of the RC contained in as many as 3 large volumes. The synopsis filed by the learned counsels representing the respective parties have also been carefully examined by this Court.
4.2 The learned senior counsel representing the appellant submits that the first phase of the acquisition of land of village Bawal was proposed for the IMT in the year 1992, whereas the second phase for acquisition was proposed on 02.12.2004. He submits that in these appeals, the acquisition of the land for the IIIrd phase has come up for hearing. Hence, the entire area was already a developed area, therefore, it is not appropriate to assess the market value while considering the acquired land as agricultural in nature.
Consequently, the sale instances Ex. P1 to Ex.P7 and Ex.P10 in the 13 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -14- concerned record are relevant, the RC should have taken the average price of the various sale deeds produced by the landowners and thereafter, applied a deduction of 20% in order to arrive at the true market value of the acquired land. He further submits that the sale deed no.43 (Ex.P3), dated 13.04.2006, which is with respect to the land measuring 19 kanals and 8 marlas in the revenue estate of Bawal is not only relevant but is the most appropriate examplar to determine the market value of the acquired land. While referring to the layout plan Ex.PW14/1, he submits that some part of the acquired land forms a part of the land comprised in Rect. No.46. Similarly, sale deed No.43 dated 13.04.2006, which is of a sufficiently large parcel of land, also forms a part of the land comprised in Rect. No.46. He further submits that the court has erred in applying a deduction of 40% on the figure arrived at by taking the average of the price reflected in sale deeds bearing no.1316, 1770, 43 and 1065. While concluding, he submits that at the most, 20% development cut could have been applied while assessing the market value of the acquired land.
4.3 Per contra, the learned Advocate General, Haryana, ably assisted by Sh. Pritam Singh Saini, learned Additional Advocate General, Haryana, submits that the RC, while wrongly interpreting Section 25 of the 1894 Act, has ignored the various sale deeds produced by the HSIIDC. It is further contended that the sale deed no.43 dated 13.04.2006 pertains to a commercial area that is located across the Delhi-Jaipur Highway i.e. on the other side of the road. He, hence, submits that the aforesaid sale exemplar is not comparable because the first and second stage of the IMT was largely developed on the North-Western side of the highway, as is the location of the parcel of land sold through the sale deed No.43. It is further contended 14 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -15- that the sale exemplars Ex.P1 to Ex.P10 are with respect to tiny plots of land which, ordinarily, are not used for agricultural purposes. While highlighting, he submits that majority of the acquired land is proved to be agricultural, therefore, the entire land should not be assessed as commercial land.
5. DISCUSSION BY THIS COURT 5.1 Before analyzing the arguments of the learned counsels representing the parties, it is appropriate to notice that the first reason assigned by the RC is the result of a wrong interpretation of Section 25 of the 1894 Act, which reads as under:-
"25. Amount of compensation awarded by Court not to be lower than the amount awarded by the Collector.-The amount of compensation awarded by the Court shall not be less than the amount awarded by the Collector under section 11".
5.2 It is evident that the provision only debars the Court from awarding compensation of an amount which is lesser than the amount awarded by the Collector(LAC). However, there is no prohibition or restriction to take into consideration/account the sale deeds produced by the parties reflecting a price lower than the price offered by the LAC. This issue is no longer res-integra in view of the judgment in Lal Chand vs. Union of India and another (2009) 5 SCC 769. The RC was correct in observing that the sale deed Ex.P1 to Ex.P7 are with respect to significantly small sized plots, therefore, they are not comparable to the acquired land.
However, the RC has committed an error in placing reliance on sale deeds nos.1316, 1770 and 1065. It may be noted here that sale deed no.1316 and 1770 are only with respect to plots measuring 1 Kanal each, which 15 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -16- ordinarily consist of 605 sq. yds. of land. An acre of land ordinarily consist of 4840 sq. yards area. Therefore, these plots are not with respect to the parcels of agricultural land. From a bare look at the layout plan Ex.PW14/1, it is evident that the sale deeds bearing no.1316, 1770 and 2146 are with respect to parcels of land located on Bawal-Rewari road situated near the residential and commercial area. Hence, the reliance placed by the RC on these sale instances to assess the market value of the agricultural land is not considered appropriate.
5.3 The RC has also committed an error in calculating the average of sale deeds bearing no.1316, 1770, 43 and 1065. In fact, sale deed no.1065 is also located in a residential area as per Ex.P14/1. Hence, the same is not with respect to a comparable parcel of land.
5.4 While assessing the market value of the acquired land under the 1894 Act, the Court is guided by the provisions of Section 23 and 24 of the 1894 Act, which are extracted as under:-
23. Matters to be considered on determining compensation. -
(1) In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration-first, the market-value of the land at the date of the publication of the [notification under section 4, sub-section (1)];
secondly, the damage sustained by the person interested, by reason of the taking of any standing crops trees which may be on the land at the time of the Collector's taking possession thereof;
thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of serving such land from his other land;
fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;
16 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -17- fifthly, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change, and sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector's taking possession of the land.
[(1A) In addition to the market value of the land, as above provided, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on such market value for the period commencing on and from the date of the publication of the notification under section 4, sub-section (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.
Explanation. -In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded.] (2) In addition to the market value of the land as above provided, the Court shall in every case award a sum of [thirty per centum] on such market value, in consideration of the compulsory nature of the acquisition.
24. Matters to be neglected in determining compensation
-But the Court shall not take into consideration-- first, the degree of urgency which has led to the acquisition;
secondly, any disinclination of the person interested to part with the land acquired;
thirdly, any damage sustained by him, which, if caused by a private person, would not render such person liable to a suit;
fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under Section 6, by or in consequence of the use to which it will be put;
fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;
sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which the 17 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -18- land acquired will be put;
seventhly, any outlay or improvements on, or disposal of, the land acquired, commenced, made or effected without the sanction of the Collector after the date of the publication of the [notification under Section 4, sub-section (1)]; or [eighthly, any increase to the value of the land on account of its being put to any use which is forbidden by land or opposed to public policy.] 5.5 It may be noted here that as per Clause 'First' of Section 23 (1), the market value of the acquired land at the date of publication of notification under Section 4 (1) of the 1894 Act is required to be assessed.
The court is also expected to analyze the evidence produced by the parties in a proper perspective while adopting a pragmatic approach. The primary duty of the Court is to assess the market value on which a willing seller is able to find a willing buyer to purchase the land. Thus, the assessment made by the court must not only be realistic but it should reflect the actual market value of the acquired land on the date of publication of notification under Section 4(1) of the 1894 Act.
5.6 While arriving at such a finding, the court is required to look for comparable sale exemplars of the contemporaneous period. The reliance placed on judicial precedents should normally be avoided unless there is no other evidence available on record. Before placing reliance on a particular sale instance or a group of sale instances, the court is required to thoroughly examine the sale deeds apart from analyzing the other evidence produced by the parties.
5.7 At this stage, it is considered appropriate to compile the information with regard to various sale exemplars produced by the respective parties in the various reference petitions. It is noted here that the 18 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -19- sale deeds are compiled and referred in the judgment by their sale deed number for the sake of clarity, convenience and to avoid confusion as the same sale deeds are marked with different exhibit numbers in the various petitions. The compilation is produced as under:-
Sr. Sale deed Date Total area Price Price per Village No. No. consideration acre SALE DEEDS PRODUCED BY THE LANDOWNERS
1. 2146 30.01.2007 10M 9,00,000 1,44,00,000 Bawal
2. 1316 19.09.2006 1K (20M) 18,25,000 1,46,00,000 Bawal
3. 43 13.04.2006 19K 8M 1,00,00,000 41,23,711 Bawal (388M)
4. 1770 29.11.2006 1K (20M) 19,00,000 1,52,00,000 Bawal
5. 2863 20.10.2011 4K 13M 23,25,000 40,00,000 Bawal (93M)
6. 363 13.06.2005 216 Sq. Yr. 2,16,000 48,40,000 Bawal
7. 661 26.08.2004 240 Sq. Yr. 4,80,000 96,80,000 Bawal
8. 1170 06.01.2005 138 Sq. Yr. 2,76,000 96,80,000 Bawal
9. 366 13.06.2005 100 Sq. Yr. 2,20,000 1,06,48,000 Bawal
10. 376 14.06.2005 450 Sq. Yr. 3,60,000 38,72,000 Bawal
11. 84 04.05.2005 342 Sq. Yr. 1,71,000 24,20,000 Chirhara
12. 1419 16.03.2005 100 Sq. Yr. 80,000 38,72,000 Bawal
13. 342 08.06.2005 220 Sq. Yr. 2,20,000 48,40,000 Bawal
14. 365 13.06.2005 260 Sq. Yr. 2,60,000 48,40,000 Bawal
15. 360 13.06.2005 133 Sq. Yr. 1,33,000 48,40,000 Bawal
16. 767 13.09.2004 67 Sq. Yr. 1,00,000 72,23,881 Bawal
17. 364 13.06.2005 600 Sq. Yr. 6,00,000 48,40,000 Bawal
18. 343 08.06.2005 247 Sq. Yr. 2,47,000 48,40,000 Bawal
19. 1169 06.01.2005 94 Sq. Yr. 57,000 29,34,894 Bawal
20. 847 22.09.2004 322 Sq. Yr. 1,90,000 28,55,901 Bawal
21. 48 26.04.2005 1M 2,80,000 4,48,00,000 Chirhara
22. 1389 04.03.2005 1M 1,00,000 1,60,00,000 Chirhara
23. 113 10.05.2005 3M 1,95,000 1,04,00,000 Bawal
24. 371 29.06.2004 53 Sq. Yr. 60,000 54,79,245 Bawal
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25. 649 23.08.2004 7M 1,31,000 29,94,286 Bawal
26. 386 15.06.2005 175 Sq. Yr. 1,75,000 48,40,000 Bawal
27. 846 22.09.2004 67 Sq. Yr. 1,00,000 72,23,880 Bawal
28. 1272 09.12.2005 3M 83,000 44,26,667 Bawal
29. 1275 09.12.2005 2M 1,60,600 1,28,48,000 Bawal
30. 1276 09.12.2005 7M 2,07,000 47,31,428 Bawal
31. 1277 09.12.2005 14M 4,47,000 51,08,571 Bawal
32. 1278 09.12.2005 4M (133 2,92,000 1,06,26,165 Bawal Sq. Yr.)
33. 1285 12.12.2005 1M 72,600 1,16,16,000 Bawal
34. 1286 12.12.2005 6M 1,32,000 35,20,000 Bawal
35. 1065 21.08.2006 1K 5M 15,02,000 96,12,800 Bawal (25M)
36. 1066 21.08.2006 3M 3,05,000 1,62,66,667 Bawal
37. 34 09.04.2007 4M 5,35,000 2,14,00,000 Bawal
38. 154 04.05.2007 7M 9,05,000 2,06,85,714 Bawal SALE DEEDS PRODUCED BY THE STATE
1. 775 13.07.2006 1K 7M 1,63,000 9,65,926 Bawal (27M)
2. 777 13.07.2006 5K 7M 6,70,000 10,01,869 Bawal (107M)
3. 801 17.07.2006 2K 5M 2,81,000 9,99,111 Bawal (45M)
4. 852 24.07.2006 3K 12M 4,50,000 10,00,000 Bawal (72M)
5. 853 24.07.2006 5K 10M 5,50,000 8,00,000 Bawal (110M)
6. 881 27.07.2006 4K (80M) 6,00,000 12,00,000 Bawal
7. 902 31.07.2006 4K (80M) 5,00,000 10,00,000 Bawal
8. 911 01.08.2006 1K 1M 1,32,000 10,05,714 Bawal (21M)
9. 919 02.08.2006 20K 28,12,500 11,25,000 Bawal (400M)
10. 931 03.08.2006 3K 4M 4,00,000 10,00,000 Bawal (64M)
11. 940 04.08.2006 11A 1K 1,40,00,000 12,50,000 Bawal 20 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -21- 12M (1792M)
12. 1164 04.09.2006 6K 14M 9,50,000 11,34,328 Bawal (134M)
13. 1203 07.09.2006 4K (80M) 5,00,000 10,00,000 Bawal
14. 1398 27.09.2006 17K 6M 11,00,000 5,08,671 Bawal (346M)
15. 1399 27.09.2006 45K 4M 28,00,000 4,95,575 Bawal (904M)
16. 1445 06.10.2006 4K 6M 6,45,000 12,00,000 Bawal (86M)
17. 1491 11.10.2006 1K 16M 2,25,000 10,00,000 Bawal (36M)
18. 1501 12.10.2006 1A 5K 3M 20,00,000 12,16,730 Bawal (263M)
19. 1617 03.11.2006 2K (40M) 3,00,000 12,00,000 Bawal
20. 1646 09.11.2006 7K 10M 9,37,500 10,00,000 Bawal (150M)
21. 1691 17.11.2006 6K 16M 10,25,000 12,05,882 Bawal (136M)
22. 1715 21.11.2006 5K 17M 7,31,250 10,00,000 Bawal (117M)
23. 1739 24.11.2006 1K 16M 2,25,000 10,00,000 Bawal (36M)
24. 1742 24.11.2006 149 Sq. Yr. 50,000 16,24,161 Bawal
25. 1743 24.11.2006 85 Sq. Yr. 30,000 17,08,235 Bawal
26. 1813 05.12.2006 3K 10M 4,40,000 10,05,714 Bawal (70M)
27. 1885 15.12.2006 1A (160M) 8,00,000 8,00,000 Bawal
28. 1894 15.12.2006 5K 6M 6,65,000 10,03,774 Bawal (106M)
29. 1896 18.12.2006 3K (60M) 4,10,000 10,93,333 Bawal
30. 1912 20.12.2006 7K 18M 9,87,500 10,00,000 Bawal (158M)
31. 1932 21.12.2006 19M 1,25,000 10,52,632 Bawal
32. 1984 03.01.2007 1A 6M 10,37,500 10,00,000 Bawal (166M) 21 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -22-
33. 2006 08.01.2007 4K 12M 5,75,000 10,00,000 Bawal (92M)
34. 2087 18.01.2007 2K 18M 4,00,000 11,03,448 Bawal (58M)
35. 2130 25.01.2007 13K 12M 8,00,000 4,70,588 Bawal (272M)
36. 2131 25.01.2007 13K 12M 8,00,000 4,70,588 Bawal (272M)
37. 2218 09.02.2007 3K 13M 4,70,000 10,30,137 Bawal (73M)
38. 2219 09.2.2007 1K 15M 2,25,000 10,28,571 Bawal (35M)
39. 2220 09.02.2007 1K 14M 2,20,000 10,35,294 Bawal (34M)
40. 2256 15.02.2007 3K 8M 4,25,000 10,00,000 Bawal (68M)
41. 2301 23.02.2007 1K 18M 2,85,000 12,00,000 Bawal (38M)
42. 2332 26.02.2007 3K 18M 4,87,500 10,00,000 Bawal (78M)
43. 2534 29.03.2007 2A (320M) 20,00,000 10,00,000 Bawal
44. 2535 29.03.2007 1K 8M 1,40,000 8,00,000 Kheri (28M) Dalu Singh, Teh.-
Bawal
45. 19 05.04.2007 7K 1M 9,00,000 10,21,277 Bawal (141M)
46. 20 05.04.2007 4K 10M 6,75,000 12,00,000 Bawal (90M)
47. 52 11.04.2007 2K 15M 3,43,750 10,00,000 Bawal (55M)
48. 66 13.04.2007 1K 14M 2,60,000 12,23,529 Bawal (34M)
49. 115 27.04.2007 30K 7M 60,00,005 15,81,550 Bawal (607M)
50. 141 02.05.2007 2K (40M) 3,00,000 12,00,000 Bawal
51. 143 02.05.2007 1A 5K 6M 19,95,000 12,00,000 Bawal 22 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -23- (266M)
52. 240 16.05.2007 3K 12M 5,40,000 12,00,000 Bawal (72M)
53. 244 17.05.2007 5K 2M 7,65,000 12,00,000 Bawal (102M)
54. 310 23.5.2007 99 Sq. Yr. 98,214 48,01,573 Bawal
55. 316 24.05.2007 1K 18M 3,00,000 12,63,158 Bawal (38M)
56. 459 06.06.2007 2K 1M 3,07,500 12,00,000 Bawal (41M)
57. 643 22.06.2007 3K 16M 5,70,000 12,00,000 Bawal (76M)
58. 704 29.06.2007 1K 15M 2,62,500 12,00,000 Bawal (35M)
59. 725 02.07.2007 5K 16M 8,70,000 12,00,000 Bawal (116M)
60. 1985 03.01.2007 1K 13M 1,65,000 8,00,000 Banipur, (33M) Teh.
Bawal
61. 984 09.08.2006 15K 3M 15,15,000 8,00,000 Banipur, (303M) Teh.
Bawal
62. 861 25.7.2006 1K 3M 1,15,000 8,00,000 Chirhara, (23M) Teh.
Bawal
63. 860 25.07.2006 2K (40M) 2,00,000 8,00,000 Chirhara, Teh.
Bawal
64. 886 27.07.2006 12K 3M 15,18,750 10,00,000 Rudh, (243M) Teh.
Bawal
65. 885 27.07.2006 8K 3M 10,18,750 10,00,000 Rudh, (163M) Teh.
Bawal
66. 1183 06.09.2006 2K 12M 3,25,000 10,00,000 Rudh, (52M) Teh.
Bawal
67. 1893 15.12.2006 2A 1K 10M 17,50,000 8,00,000 Rudh, (350M) Teh.
23 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -24- Bawal
68. 857 24.07.2006 16K 4M 20,25,000 10,00,000 Rudh, (324M) Teh.
Bawal
69. 789 14.07.2006 2K 11M 3,25,000 10,19,608 Rudh, (51M) Teh.
Bawal
70. 751 11.7.2006 30K 14M 28,50,000 7,42,671 Rudh, (614M) Teh.
Bawal
71. 750 11.7.2006 5K 19M 7,45,000 10,01,681 Rudh, (119M) Teh.
Bawal NOTE:- The sale deeds bearing number 1203 and 846 have inadvertently not been marked as exhibits. Therefore, the Court while exercising its power under Order XIII Rule 4 CPC, as amended for the Sates of Punjab and Haryana, marks them as HC1 and HC2, respectively.
5.8 On a perusal of the aforesaid tabulated information, it is evident that the landowners have produced the sale deed no.43, dated 13.04.2006 with respect to 19 kanals and 08 marlas of land. A perusal of this sale deed shows that commercial land out of the land comprised in Rect. No.40 and 46 has been purchased by a corporate entity. With reference to the units of the agricultural land, a rectangle denotes a compact rectangular block of 25 acres of land consisting of 5 acres x 5 acres of land. During the consolidation of holdings under the East Punjab Holding (Consolidation and Prevention of Fragmentation) Act, 1948, the entire land of the village is divided into rectangles and each rectangle is assigned a numeric value starting from the rectangle in the North-Eastern part of the village.
5.9 Vide sale deed No.43, the parcel of land is located on the North-
24 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -25- Western side of the Delhi-Jaipur Highway has been sold , whereas the acquired land is located on the South-Eastern side of the said Highway.
It may be noted here that on perusal of Ex.P14/1, it is evident that the acquired land in Phase-I and Phase-II of the IMT, was mostly towards the North-Western side of the highway, whereas, some part was located on South-Eastern side of the highway. The NCT of Delhi is located on the North-Eastern side, whereas, Jaipur is located on the South-Western side.
Apart from the aforesaid facts, there is another road which goes from Bawal Town to Rewari which cuts the acquired land into different parcels. Along side the Delhi-Jaipur Highway, most of the land has already been acquired during the acquisition of land for developing Phase-I and Phase-II of IMT.
The land acquired in village Rudh vide this notification is descending the land already acquired for Phase-I & II of IMT. In fact, the residential area of village Rudh is towards the North-Western side of the National Highway, whereas, some part of the acquired land in village Rudh is located on the South-Eastern side of the Highway. After the land of revenue estate of village Rudh comes to an end, thereafter, the area of village Bawal starts.
As already noticed, the sale deed number 43 dated 13.04.2006 not only pertains to a commercial area but is also located exactly on the Delhi-Jaipur Highway. A substantial portion of the acquired land is far away from the Delhi-Jaipur Highway. In fact, a significantly large area of the acquired land of revenue estate of Bawal is at a distance from the Delhi-Jaipur Highway.
The acquired land of village Banipur as well as Chirhara is also located at a significant distance from the National Highway, but there are certain parcels of land that are located near the National Highway. When we travel towards Jaipur i.e. South-Western corner of the acquired land, around 20 acres of 25 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -26- acquired land of village Bawal abuts the Delhi-Jaipur highway. For assessing the market value of the land abutting the Delhi-Jaipur Highway upto the depth of two acres, the sale deed No.43 dated 13.04.2006 can be relied upon. It may be noted here that the parcel of land acquired vide sale deed no.43 is not only located on the Delhi-Jaipur highway but it is also located on a four legged intersection of another village which goes upto village Harchandpur from Bawal. As already noticed, most of the developed industrial area acquired for Phase-I and II of the IMT is located on the other side. Hence, it is considered appropriate to apply deduction on the price reflected in sale deed no.43. It has been noticed that there is a time gap of one year and two months between sale deed no.43 (13.04.2006) and 08.06.2007 i.e. the date of notification under Section 4 of the 1894 Act.
Therefore, at the first instance, the price is escalated by 12% per acre which comes to 14% (for a period of 14 months). Consequently increasing the amount of Rs.41,23,711 by 14%, it comes to Rs.47,01,030.54/-. Since, the land in sale deed No.43 is not only located on the other side of the Delhi-
Jaipur highway but is also located on the four legged intersection of the roads, therefore, it is considered appropriate to apply 20% deduction, to work out the market value of the acquired land upto the depth of one acre on the Delhi-Jaipur Highway. Thus, the said amount comes to Rs.37,60,825/-
(rounded) per acre.
5.10 Now, this Bench proceeds to examine the land located on both sides of Bawal-Rewari road which passes through the acquired land. It is evident that the sale deeds bearing No.1272, 1275, 1276, 1277, 1278, 1285, 1286, 1316, 1770, are with respect to the tiny parcels of land located on Bawal-Rewari road which is an Inter District Road. It is also evident from 26 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -27- perusal of Ex.P14/1, a layout plan, that on both sides of the acquired parcel of land, commercial activity is being carried out. In fact, while coming from Delhi side, one is required to take a diversion for going towards Bawal and the bus stand of Bawal is located at a small distance from the National Highway. Then, there is commercial and residential area on both the sides of the road which has not been included in the said acquisition. Thereafter, towards the Eastern side of the road, the factory of Suraj Malt is located.
Thus, the price of the land along side the aforesaid road would also be required to be assessed as commercial area upto the depth of two acres. No doubt, the sale exemplars bearing no. 1272, 1275, 1276, 1277, 1278, 1285, 1286, 1316, 1770 are with respect to significantly small parcels of land and are not worth relying upon to assess the market value of a significantly large area of acquired land, however, these sale deeds prove that the area abutting the Bawal-Rewari road has the potential to be utilized for commercial purposes. Hence, the same amount which has been assessed for the commercial area located alongside the Delhi-Jaipur highway is also assessed with respect to the land upto the depth of two acres on the Bawal-Rewari road.
5.11 Now, this Bench proceeds to examine the market value of the acquired land located away/ at a distance (beyond the depth of 2 acres) from the Delhi-Jaipur Highway as well as the Bawal-Rewari road. Before that, it may be noted here that there are two more roads, one goes towards village Nehchawa and the other towards village Harchandpur. However, these are only village roads and there is no evidence of any commercial activity in and around the aforesaid village roads.
5.12 On a careful perusal of Ex.P14/1, a layout plan, produced by the 27 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -28- landowners and the sale deed No.751 (Ex.RW3/60) dated 11.07.2006, it is evident that 30 kanals and 14 marlas of land has been sold for Rs.28,50,000/- (per acre price comes to Rs.7,42,671/-). This parcel of land measuring 30 kanals and 14 malras (nearly 4 acres of land) is comprised in Rect. No.17, 18, and 20. This forms a part of the acquired land. This parcel of land, also, is not located very far away from the Bawal-Rewari road. The various other sale exemplars produced by the owners as well as the HSIIDC are with respect to the land located at a distance from the acquired land.
There is no evidence to prove that the parcels of land represented by the aforesaid sale exemplars are comparable. Whereas, in village Rudh, a sufficiently large area of acquired land represented by sale deed no.751 dated 11.07.2006 is comparable with the acquired land. The aforesaid sale exemplar is not only comparable but it also relates to the contemporaneous period. In fact, this is the best and the most reliable sale exemplar to assess the market value of the remaining acquired land which neither abuts the Delhi-Jaipur Highway nor abuts the Bawal-Rewari road. Even if we escalate the price by 10% increase for a period of one year, the amount would still not be comparable to the amount offered by the LAC.
5.13 It may be noted here that the argument of the learned senior counsel representing the landowners that the entire area has become commercial is not borne out from the court record. In fact, with respect to the revenue estate of Bawal, it is evident that various sale exemplars prove that the price of the land was in the range of Rs.5,00,000/- to Rs.16,00,000/-
per acre. Similarly, the sale instances of village Rudh, Chirhara and Banipur also reflect that the price of the agricultural land was nowhere close to the amount offered by the LAC. Hence, the RC has erred in assessing the 28 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -29- market value of the acquired land on the basis of sale deeds bearing no.1316, 1770, 43 and 1065.
5.14 Now, this Bench proceeds to examine the argument of the learned senior counsel representing the landowners.
5.15 As far as placing reliance on sale deeds bearing no.1272, 1275, 1276, 1277, 1278, 1285, 1286, 1316, 1770, is concerned, these sale exemplars are with regard to significantly small parcels of land, therefore, they are held to be not comparable. As regards the argument of learned counsel that the entire area is developed, it may be noted that a sufficiently large parcel of land is being transacted at an average price ranging between Rs.12,00,000/- to Rs.13,00,000/- per acre.
5.16 The last argument of the learned counsel representing the appellant is with reference to sale deed no.43 dated 13.04.2006 by which, as already noticed, a corporate entity has purchased a commercial area, which is located at a four legged intersection of the two roads. Hence, it is not considered appropriate to rely upon the aforesaid sale exemplar and assess a uniform market value of the entire acquired land.
5.17 At this stage, it may be noted here that the learned counsel representing the landowners has drawn the attention of the court to allotment letter Ex.PW4/A vide which a three star hotel site has been sold by public auction. It has come on record that the highest bidder failed to pay the amount and the property reverted to the allotting authority. This plot is also a part of the already developed area. Thus, the aforesaid transaction did not reach a logical end. The learned counsel has also referred to the deposition of PW7 (Suresh Chand) and RW2 (Ashok Kumar). This court has carefully read the aforesaid deposition. Although, it has been stated that various 29 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -30- multinational companies are operating in the area and the prices of the land are likely to be on the higher side, however, once comparable sale exemplars are available on the court record, then, it is not appropriate to rely upon the oral evidence.
5.18 As regards the deposition of Sh. Ashok Kumar, HSIIDC official, it may be noted that his deposition does not advance the case of the landowners because he has simply admitted that Phase-I and Phase-II of the IMT, Rohtak has been developed.
6. DECISION 6.1 In view of the aforesaid detailed discussion, it is held that out of the acquired land, for the land located upto the depth of two acres on the Delhi-Jaipur Highway as well as the land located on both the sides of Bawal-Rewari road, the landowners shall be entitled to compensation @ Rs.37,60,825/-, whereas, for the remaining land, the applications filed by the concerned landowners, under Section 18 of the 1894 Act, shall stand dismissed. Consequently, the appeals filed by HSIIDC shall stand allowed with respect to the acquired land located in the interior i.e. remaining acquired land apart from the land located upto depth of two acres abutting the Delhi-Jaipur Highway and the land located on both the sides of Bawal- Rewari Road.
6.2 The learned counsels representing the parties did not address the court with regard to compensation for the acquisition of the structures. Hence, the aforesaid issue is not being examined in the judgment. 6.3 Consequently, all the appeals are disposed of.
13th September, 2022 (ANIL KSHETARPAL)
nt JUDGE
Whether speaking/reasoned :YES/NO
Whether reportable :YES/NO
30 of 43
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RFA No.26 of 2022(O&M) -31-
Sr. No. Case No. Party name
CHHAJU RAM SINCE DECEASED THROUGH LRS
1. RFA-608-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS HSIIDC Ltd. V/S DALPAT (SINCE DECEASED)
2. RFA-348-2022 THROUGH LRS AND ORS
3. RFA-523-2022 HSIIDC Ltd. V/S LEKH RAM AND ORS HSIIDC Ltd. V/S MUNSHI LAL (SINCE
4. RFA-315-2022 DECEASED) THROUGH LRS AND ORS LEKH RAM(DECEASED) THROUGH HIS LRS V/S
5. RFA-180-2022 STATE OF HARYANA AND OTHERS
6. RFA-532-2022 HSIIDC Ltd. V/S SAVITRI AND ORS
7. RFA-332-2022 HSIIDC Ltd. V/S RAJESH AND OTHERS HARDEWA SINCE DECEASED THROUGH
8. RFA-579-2022 LRS V/S STATE OF HARYANA AND OTHERS RAM SINGH (SINCE DECEASED) THROUGH LRS
9. RFA-588-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS
10. RFA-466-2022 HSIIDC Ltd. V/S BHOOP SINGH AND ORS DEVI RAM SINCE DECEASED THROUGH LRS
11. RFA-613-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS
12. RFA-355-2022 HSIIDC Ltd. V/S SUKHBIR SINGH AND ORS HET RAM AND OTHERS V/S STATE OF
13. RFA-578-2022 HARYANA AND OTHERS HSIIDC Ltd. V/S MERLIN LAND AND HOUSING
14. RFA-465-2022 PVT LTD THR ITS LEGAL ATTORNEY AND ORS DEVI RAM SINCE DECEASED THROUGH LRS
15. RFA-605-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS HARI SINGH DECEASED THROUGH LRS
16. RFA-580-2022 OTHERS V/S STATE OF HARYANA AND OTHERS BALU RAM SINCE DECEASED THROUGH LRS
17. RFA-604-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS
18. RFA-535-2022 HSIIDC Ltd. V/S PHOOL SINGH AND ORS
19. RFA-472-2022 HSIIDC Ltd. V/S RAM CHANDER AND ORS
20. RFA-536-2022 HSIIDC Ltd. V/S OM PARKASH AND OTHERS
21. RFA-451-2022 HSIIDC Ltd. V/S PURAN MAL AND ORS 31 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -32-
22. RFA-398-2022 HSIIDC Ltd. V/S NATHU AND OTHERS
23. RFA-448-2022 HSIIDC Ltd. V/S MOHINDER SINGH AND ORS SHEO RAM AND ANOTHER V/S STATE OF
24. RFA-575-2022 HARYANA AND OTHERS SUNDER LAL DECEASED THROUGH LRS V/S
25. RFA-600-2022 STATE OF HARYANA AND OTHERS HSIIDC Ltd. V/S SMT. SANTOSH DEVI AND
26. RFA-396-2022 OTHERS HIRA LAL AND ORS V/S STATE OF HARYANA
27. RFA-256-2022 AND OTHERS HSIIDC Ltd. V/S DEVI RAM DECEASED
28. RFA-481-2022 THROUGH LRS AND ORS.
29. RFA-475-2022 HSIIDC Ltd. V/S CHAND RAM AND ORS BHARAT SINGH AND OTHERS V/S STATE OF
30. RFA-595-2022 HARYANA AND OTHERS SHISH RAM SINCE DECEASED THROUGH LRS
31. RFA-606-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS HSIIDC Ltd. V/S BALU RAM DECEASED
32. RFA-474-2022 TRROUGH LRS AND ORS.
HSIIDC Ltd. V/S RAM KANWAR (SINCE
33. RFA-270-2022
DECEASED) THROUGH LRS AND ORS
34. RFA-502-2022 HSIIDC Ltd. V/S SMT. MEENA AND ORS
35. RFA-331-2022 HSIIDC Ltd. V/S KANWAR SINGH AND OTHERS
36. RFA-264-2022 HSIIDC Ltd. V/S SMT. SANTOSH DEVI AND ORS HSIIDC Ltd. V/S GUGAN DECEASED THROUGH
37. RFA-446-2022 LRS AND ORS RAJESH AND OTHERS V/S STATE OF HARYANA
38. RFA-601-2022 AND OTHERS BASTI RAM AND ANOTEHR V/S STATE OF
39. RFA-216-2022 HARYANA AND OTHERS
40. RFA-614-2022 HSIIDC Ltd. V/S ROOP CHAND AND OTHERS HSIIDC Ltd. V/S RAMESH CHAND (SINCE
41. RFA-450-2022 DECEASED) THROUGH LRS AND ORS RAM NATH AND ORS V/S STATE OF HARYANA
42. RFA-215-2022 AND OTHERS GANDA RAM V/S STATE OF HARYANA AND
43. RFA-227-2022 OTHERS HSIIDC Ltd. V/S SMT. SANTOSH DEVI AND
44. RFA-471-2022 OTHERS 32 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -33-
45. RFA-310-2022 HSIIDC Ltd. V/S MUSADI LAL AND ORS
46. RFA-527-2022 HSIIDC Ltd. V/S SURAT RAM AND ORS HSIIDC Ltd. V/S CHUNNI LAL (SINCE
47. RFA-510-2022 DECEASED) THROUGH LRS AND ORS BHARAT SINGH AND OTHERS V/S STATE OF
48. RFA-186-2022 HARYANA AND OTHERS
49. RFA-511-2022 HSIIDC Ltd. V/S SH. DHARAM SINGH AND ORS
50. RFA-484-2022 HSIIDC Ltd. V/S BALBIR SINGH AND ORS DAULAT RAM SINCE DECEASED THROUGH
51. RFA-253-2022 LRS V/S STATE OF HARYANA AND OTHERS RAJESH AND OTHERS V/S STATE OF HARYANA
52. RFA-612-2022 AND OTHERS
53. RFA-540-2022 HSIIDC Ltd. V/S BHARAT SINGH AND OTHERS HSIIDC Ltd. V/S DEVI RAM (SINCE DECEASED)
54. RFA-519-2022 THROUGH LRS AND ORS
55. RFA-550-2022 HSIIDC Ltd. V/S HUKAM AND ORS HSIIDC Ltd. V/S DEVI RAM DECEASED
56. RFA-482-2022 THROUGH LRS AND ORS
57. RFA-447-2022 HSIIDC Ltd. V/S RAGHBAR DAYAL AND ORS RAJESH AND OTHERS V/S STATE OF HARYANA
58. RFA-577-2022 AND OTHERS BHOOP SINGH AND OTHERS V/S STATE OF
59. RFA-213-2022 HARYANA AND OTHERS
60. RFA-361-2022 HSIIDC Ltd. V/S ANIL KUMAR AND ORS HIRA LAL SINCE DECEASED THROUGH LRS
61. RFA-226-2022 OTHERS V/S STATE OF HARYANA AND OTHERS HSIIDC Ltd. V/S DEVI RAM DECEASED
62. RFA-537-2022 THROUGH LRS AND ORS SURAT RAM AND OTHERS V/S STATE OF
63. RFA-576-2022 HARYANA AND OTHERS BHARAT SINGH AND OTHERS V/S STATE OF
64. RFA-190-2022 HARYANA AND OTHERS
65. RFA-468-2022 HSIIDC Ltd. V/S ROOP CHAND AND ORS HSIIDC Ltd. V/S RAM KANWAR DECEASED
66. RFA-563-2022 THROUGH LRS AND OTHERS KARAN SINGH AND ORS V/S STATE OF
67. RFA-4311-2019 HARYANA AND ORS AMAR SINGH DECEASED THROUGH LRS V/S
68. RFA-593-2022 STATE OF HARYANA AND OTHERS 33 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -34- LEKH RAM (SINCE DECEASED) THROUGH
69. RFA-589-2022 LRS V/S STATE OF HARYANA AND OTHERS HIRA LAL SINCE DECEASED THROUGH LRS
70. RFA-603-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS HSIIDC Ltd. V/S AKHLA DECEASED THROUGH
71. RFA-443-2022 LRS AND ORS
72. RFA-505-2022 HSIIDC Ltd. V/S BHARAT SINGH AND ORS
73. RFA-275-2022 HSIIDC Ltd. V/S HIRA LAL AND ORS
74. RFA-440-2022 HSIIDC Ltd. V/S SUBHASH CHAND AND ORS PHOOL SINGH AND OTHERS V/S STATE OF
75. RFA-240-2022 HARYANA AND OTHERS
76. RFA-467-2022 HSIIDC Ltd. V/S DHARAMBIR AND ORS RAM KANWAR DECEASED THROUGH LRS AND
77. RFA-599-2022 OTHERS V/S STATE OF HARYANA AND OTHERS SAVITRI AND ANOTHER V/S STATE OF
78. RFA-191-2022 HARYANA AND OTHERS HSIIDC Ltd. V/S MAHI RAM DECEASED
79. RFA-470-2022 THROUGH LRS AND ORS.
HAR DAYAL DECEASED THROUGH LRS AND
80. RFA-684-2022 OTHERS V/S STATE OF HARYANA AND OTHERS BIRJU RAM (SINCE DECEASED) THROUGH LRS
81. RFA-609-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS GAJRAJ SINCE DECEASED THROUGH LRS AND
82. RFA-568-2022 ANR V/S STATE OF HARYANA AND OTHERS
83. RFA-442-2022 HSIIDC Ltd. V/S HAR DAYAL AND ORS
84. RFA-497-2022 HSIIDC Ltd. V/S HARKESH AND ORS
85. RFA-552-2022 HSIIDC Ltd. V/S HUKAM SINGH AND ORS
86. RFA-426-2022 HSIIDC Ltd. V/S BHARAT SINGH AND ORS
87. RFA-522-2022 HSIIDC Ltd. V/S PRIBHU DAYAL AND ORS
88. RFA-539-2022 HSIIDC Ltd. V/S SURAT RAM AND OTHERS HSIIDC Ltd. V/S HIRA LAL SINCE DECEASED
89. RFA-469-2022 THR LRS AND ORS.
VIJAY PAL AND OTHERS V/S STATE OF
90. RFA-572-2022
HARYANA AND OTHERS
91. RFA-252-2022 MOHAKAM RAM AND ANR V/S STATE OF 34 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -35- HARYANA AND OTHERS HSIIDC Ltd. V/S SHISH RAM DECEASED
92. RFA-477-2022 THROUGH LRS AND OTHERS DHAN SINGH SINCE DECEASED THROUGH LRS
93. RFA-607-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS RAM KANWAR DECEASED THROUGH LRS
94. RFA-581-2022 HARI SINGH V/S STATE OF HARYANA AND OTHERS
95. RFA-400-2022 HSIIDC Ltd. V/S RAJINDER SINGH AND OTHERS HSIIDC Ltd. V/S HAR LAL DECEASED
96. RFA-516-2022 THROUGH LR AND ORS
97. RFA-480-2022 HSIIDC Ltd. V/S RAJ KUMAR AND ORS SUMER SINGH AND OTHERS V/S STATE OF
98. RFA-591-2022 HARYANA AND OTHERS
99. RFA-330-2022 HSIIDC Ltd. V/S BALBIR SINGH AND OTHERS
100. RFA-347-2022 HSIIDC Ltd. V/S KARAN SINGH AND ORS SHEO RAM V/S STATE OF HARYANA AND
101. RFA-242-2022 OTHERS SHER SINGH AND OTHERS V/S STATE OF
102. RFA-188-2022 HARYANA AND OTHERS NATHU AND ANOTHER V/S STATE OF
103. RFA-218-2022 HARYANA AND ORS SARDAR SINGH DECEASED THROUGH LRS
104. RFA-183-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS ABHEY SINGH DECEASED THROUGH LRS AND
105. RFA-185-2022 OTHERS V/S STATE OF HARYANA AND OTHERS HSIIDC Ltd. V/S NAND RAM DECEASED
106. RFA-327-2022 THROUGH LRS AND OTHERS HSIIDC Ltd. V/S BIRJU RAM DECEASED
107. RFA-280-2022 THROUGH LRS AND ORS ROOP CHAND AND OTHERS V/S STATE OF
108. RFA-615-2022 HARYANA AND OTHERS DULI CHAND (DECEASED) THROUGH LRS V/S
109. RFA-587-2022 STATE OF HARYANA AND OTHERS
110. RFA-320-2022 HSIIDC Ltd. V/S SHER SINGH AND ORS RAJINDER @ RAJENDER AND OTHERS V/S
111. RFA-584-2022 STATE OF HARYANA
112. RFA-478-2022 HSIIDC Ltd. V/S SMT. VIJAY KUMARI AND ORS 35 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -36- HSIIDC Ltd. V/S SMT. ASHARFI (SINCE
113. RFA-329-2022 DECEASED) THROUGH LRS AND OTHERS SARDAR SINGH(DEEASED) THR LRS AND
114. RFA-189-2022 OTHERS V/S STATE OF HARYANA AND OTHERS
115. RFA-513-2022 HSIIDC Ltd. V/S HET RAM AND ORS MOHAKAM RAM AND ANR V/S STATE OF
116. RFA-258-2022 HARYANA AND OTHERS
117. RFA-538-2022 HSIIDC Ltd. V/S BIMLA DEVI AND OTHERS
118. RFA-351-2022 HSIIDC Ltd. V/S SUKHBIR SINGH AND ORS HSIIDC Ltd. V/S AMAR SINGH DECEASED
119. RFA-403-2022 THROUGH LRS AND ORS HSIIDC Ltd. V/S MERLIN LAND AND HOUSING
120. RFA-409-2022 PVT. LTD. THR. ITS LEGAL ATTORNEY SHRI VINEET MAHESHWARI AND ORS BHARAT SINGH AND OTHERS V/S STATE OF
121. RFA-590-2022 HARYANA AND OTHERS HSIIDC Ltd. V/S SUNDER LAL (SINCE
122. RFA-449-2022 DECEASED) THROUGH LRS AND ORS SUMER SINGH AND OTHERS V/S STATE OF
123. RFA-583-2022 HARYANA AND OTHERS BHARAT SINGH AND OTHERS V/S STATE OF
124. RFA-182-2022 HARYANA AND OTHERS HIRA LAL SINCE DECEASED THROUGH LRS
125. RFA-571-2022 OTHERS V/S STATE OF HARYANA AND OTHERS HARNARIAN V/S STATE OF HARYANA AND
126. RFA-255-2022 OTHERS GUGAN SINCE DECEASED THROUGH HIS LRS
127. RFA-245-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS RAM KANWAR (DECEASED) TH LRS V/S STATE
128. RFA-596-2022 OF HARYANA AND OTHERS
129. RFA-541-2022 HSIIDC Ltd. V/S BHUPENDER AND OTHERS SURAT RAM AND OTHERS V/S STATE OF
130. RFA-212-2022 HARYANA AND OTHERS SHER SINGH AND ORS V/S STATE OF
131. RFA-224-2022 HARYANA AND OTHERS HARDHYAN SINCE DECEASED THROUGH LRS
132. RFA-611-2022 AND ORS V/S STATE OF HARYANA AND OTHERS 36 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -37- ROOP CHAND V/S STATE OF HARYANA AND
133. RFA-248-2022 OTHERS PHOOL SINGH AND ORS V/S STATE OF
134. RFA-243-2022 HARYANA AND OTHERS AKHLA SINCE DECEASED THROUGH LRS V/S
135. RFA-244-2022 STATE OF HARYANA AND OTHERS HSIIDC Ltd. V/S RAM KANWAR (SINCE
136. RFA-406-2022 DECEASED) THROUGH LRS AND ORS
137. RFA-508-2022 HSIIDC Ltd. V/S SURAJ MAL AND ORS
138. RFA-479-2022 HSIIDC Ltd. V/S SMT. KITAB KAUR AND ORS DHARAM CHAND AND OTHERS V/S STATE OF
139. RFA-247-2022 HARYANA AND OTHERS
140. RFA-323-2022 HSIIDC Ltd. V/S BHARAT SINGH AND OTHERS ATTAR SINGH SINCE DECEASED THROUGH
141. RFA-261-2022 LRS AND ORS V/S STATE OF HARYANA AND OTHERS DEVI RAM SINCE DECEASED THROUGH LRS
142. RFA-610-2022 AND ORS V/S STATE OF HARYANA AND OTHERS VED RAM AND OTHERS V/S STATE OF
143. RFA-582-2022 HARYANA AND OTHERS ISHWAR SINGH AND OTHERS V/S STATE OF
144. RFA-586-2022 HARYANA AND OTHERS RAM KANWAR (SINCE DECEASED) THROUGH
145. RFA-594-2022 LRS AND OTHER V/S STATE OF HARYANA AND OTHERS DHARAMBIR AND ORS V/S STATE OF
146. RFA-217-2022 HARYANA AND OTHERS HSIIDC Ltd. V/S CHAJJU RAM DECEASED TH
147. RFA-473-2022 LRS AND ORS
148. RFA-358-2022 HSIIDC Ltd. V/S SHEO RAM AND ORS MAHI RAM (SINCE DECEASED) THROUGH HIS
149. RFA-249-2022 LRS AND OTHERS V/S STATE OF HARYANA AND OTHERS ISHWER SINGH @ ISHWAR SINGH AND
150. RFA-181-2022 OTHERS V/S STATE OF HARYANA AND OTHERS BHARAT SINGH AND ANR V/S STATE OF
151. RFA-184-2022 HARYANA AND OTHERS HSIIDC Ltd. V/S GRAM PANCHAYAT RUDH
152. RFA-266-2022 AND ORS 37 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -38- HUKAM SINGH AND OTHERS V/S STATE OF
153. RFA-214-2022 HARYANA AND OTHERS ATTAR SINGH SINCE DECEASED THROUGH
154. RFA-246-2022 LRS AND ORS V/S STATE OF HARYANA AND OTHERS RAM KANWAR (SINCE DECEASED) THROUGH
155. RFA-597-2022 LRS AND OTHER V/S STATE OF HARYANA AND OTHERS SMT. MEENA AND OTHERS V/S STATE OF
156. RFA-602-2022 HARYANA AND OTHERS
157. RFA-566-2022 HSIIDC Ltd. V/S BHIM SINGH AND OTHERS
158. RFA-311-2022 HSIIDC Ltd. V/S MOHAKAM RAM AND ORS MUSADI LAL AND OTHERS V/S STATE OF
159. RFA-574-2022 HARYANA AND OTHERS RAM PAT THROUGH LR AND ANOTHER V/S
160. RFA-179-2022 STATE OF HARYANA AND OTHERS HIRA LAL SINCE DECEASED THROUGH LRS
161. RFA-225-2022 OTHERS V/S STATE OF HARYANA AND OTHERS BHARAT SINGH AND ANR. V/S STATE OF
162. RFA-592-2022 HARYANA AND OTHERS RAM PAT (DECEASED) THROUGH LRS AND
163. RFA-585-2022 ANOTHER V/S STATE OF HARYANA AND OTHERS
164. RFA-365-2022 HSIIDC Ltd. V/S BHARAT SINGH AND ORS
165. RFA-268-2022 HSIIDC Ltd. V/S VED RAM AND OTHERS BALU RAM DECEASED THROUGH LRS AND
166. RFA-598-2022 OTHERS V/S STATE OF HARYANA AND OTHERS BALA DEVI AND OTHERS V/S STATE OF
167. RFA-259-2022 HARYANA AND OTHERS
168. RFA-274-2022 HSIIDC Ltd. V/S JAGDISH AND ORS HSIIDC Ltd. V/S RAM PAT DECEASED
169. RFA-328-2022 THROUGH LRS AND OTHERS MS MANOJ PAPERS LLP FORMALLY KNOWN
170. RFA-818-2022 AS MANOJ PAPERS THR. ITS GPA V/S STATE OF HARYANA AND OTHERS
171. RFA-47-2022 HSIIDC Ltd. V/S SUMER SINGH AND ORS
172. RFA-80-2022 HSIIDC Ltd. V/S SUMER SINGH AND OTHERS
173. RFA-98-2022 HSIIDC Ltd. V/S BASTI RAM AND OTHERS
174. RFA-831-2022 NAND RAM (SINCE DECEASED) THROUGH LRS 38 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -39- AND OTHERS V/S STATE OF HARYANA AND OTHERS MERLIN LAND AND HOUSING PVT LTD THR
175. RFA-821-2022 ITS LEGAL ATTORNEY V/S STATE OF HARYANA AND OTHERS
176. RFA-26-2022 HSIIDC Ltd. V/S MOHAKAM RAM AND OTHERS
177. RFA-51-2022 HSIIDC Ltd. V/S RAJESH AND OTHERS
178. RFA-90-2022 HSIIDC Ltd. V/S RAJESH AND OTHERS
179. RFA-93-2022 HSIIDC Ltd. V/S RAMPAT AND OTHERS
180. RFA-85-2022 HSIIDC Ltd. V/S BALBIR SINGH AND ORS MERLIN LAND AND HOUSING PVT LTD THR
181. RFA-827-2022 ITS LEGAL ATTORNEY V/S STATE OF HARYANA AND OTHERS
182. RFA-59-2022 HSIIDC Ltd. V/S SMT. RAMRATI AND ORS HSIIDC Ltd. V/S HIRA LAL SINCE DECEASED
183. RFA-62-2022 THROUGH LRS AND ORS RAJINDER SINGH DECEASED THROUGH LRS
184. RFA-793-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS
185. RFA-55-2022 HSIIDC Ltd. V/S ISHWAR SINGH AND ORS MERLIN LAND AND HOUSING PVT LTD THR
186. RFA-811-2022 ITS LEGAL ATTORNEY V/S STATE OF HARYANA AND OTHERS SMT. ASHARFI THROUGH HER LRS V/S STATE
187. RFA-826-2022 OF HARYANA AND OTHERS HSIIDC Ltd. V/S GAJRAJ SINCE DECEASED
188. RFA-34-2022 THROUGH LRS AND ORS PRITHVY SINGH AND ANOTHER V/S STATE OF
189. RFA-875-2022 HARYANA AND OTHERS HSIIDC Ltd. V/S M/S MANOJ PAPERS PVT. LTD.
190. RFA-33-2022 THR. ITS GPA MANISH SHARMA AND OTHERS HSIIDC Ltd. V/S RAM KANWAR (SINCE
191. RFA-97-2022 DECEASED) THROUGH LRS AND ORS
192. RFA-87-2022 HSIIDC Ltd. V/S BHARAT SINGH AND OTHERS
193. RFA-84-2022 HSIIDC Ltd. V/S ABHEY SINGH AND ORS
194. RFA-39-2022 HSIIDC Ltd. V/S HIRA LAL AND OTHERS
195. RFA-69-2022 HSIIDC Ltd. V/S RAM NIWAS AND ORS
196. RFA-64-2022 HSIIDC Ltd. V/S YOGESH AND OTHERS MOHINDER SINGH AND OTHERS V/S STATE OF
197. RFA-825-2022 HARYANA AND OTHERS 39 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -40- SURAJ MAL (DECEASED) THROUGH LRS AND
198. RFA-830-2022 OTHERS V/S STATE OF HARYANA AND OTHERS
199. RFA-58-2022 HSIIDC Ltd. V/S SMT. ANJULA AND ORS HSIIDC Ltd. V/S BHUPENDER SINGH AND
200. RFA-48-2022 OTHERS
201. RFA-66-2022 HSIIDC Ltd. V/S HARKESH AND OTHERS SURAJ MAL (DECEASED) THROUGH LRS AND
202. RFA-833-2022 OTHERS V/S STATE OF HARYANA AND OTHERS BHUPENDER SINGH, DECEASED, THROUGH
203. RFA-795-2022 LRS AND ANOTHER V/S STATE OF HARYANA AND OTHERS
204. RFA-45-2022 HSIIDC Ltd. V/S ISHWER SINGH AND OTHERS HSIIDC Ltd. V/S GANGA DEEN SINCE
205. RFA-27-2022 DECEASED THROUGH LRS AND ORS
206. RFA-43-2022 HSIIDC Ltd. V/S HERDEWA AND OTHERS RAM CHANDER AND ORS V/S STATE OF
207. RFA-792-2022 HARYANA AND OTHERS HSIIDC Ltd. V/S DAULAT RAM (SINCE
208. RFA-35-2022 DECEASED) THROUGH LRS AND ORS HSIIDC Ltd. V/S ASHARFI (SINCE DECEASED)
209. RFA-61-2022 THROUGH LRS RAJ SINGH AND OTHERS SUKHBIR SINGH V/S STATE OF HARYANA AND
210. RFA-815-2022 OTHERS
211. RFA-73-2022 HSIIDC Ltd. V/S SMT. MANKAURI AND ORS OM PARKASH AND OTHERS V/S STATE OF
212. RFA-828-2022 HARYANA AND OTHERS HAR LAL SINCE DECEASED THROUGH LRS
213. RFA-780-2022 AND ORS V/S STATE OF HARYANA AND OTHERS HSIIDC Ltd. V/S RAM KANWAR (SINCE
214. RFA-94-2022 DECEASED) THROUGH LRS AND ORS HSIIDC Ltd. V/S NAND RAM (SINCE DECEASED)
215. RFA-41-2022 THROUGH LRS SURAJ MAL AND OTHERS
216. RFA-95-2022 HSIIDC Ltd. V/S DHARAM CHAND AND OTHERS SMT. RAMRATI AND ANOTHER V/S STATE OF
217. RFA-823-2022 HARYANA AND OTHERS JAI NARAIN AND OTHERS V/S STATE OF
218. RFA-829-2022 HARYANA AND OTHERS
219. RFA-96-2022 HSIIDC Ltd. V/S JAI NARAIN AND OTHERS 40 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -41-
220. RFA-86-2022 HSIIDC Ltd. V/S HARNARAIN AND ORS
221. RFA-36-2022 HSIIDC Ltd. V/S RATI RAM AND OTHERS HSIIDC Ltd. V/S MERLIN LAND AND HOUSING
222. RFA-44-2022 PVT LTD THR. ITS LEGAL ATTORNEY SHRI VINEET MAHESHWARI AND ORS
223. RFA-68-2022 HSIIDC Ltd. V/S BIMLA DEVI AND ORS
224. RFA-50-2022 HSIIDC Ltd. V/S SMT. SUDESH AND OTHERS
225. RFA-74-2022 HSIIDC Ltd. V/S PHOOL SINGH AND OTHERS
226. RFA-82-2022 HSIIDC Ltd. V/S SMT. RAMRATI AND ORS HSIIDC Ltd. V/S BIRJU RAM (SINCE DECEASED)
227. RFA-40-2022 THROUGH LR HARI KISHAN AND OTHERS
228. RFA-79-2022 HSIIDC Ltd. V/S BHUPENDER SINGH AND ORS MERLIN LAND AND HOUSING PVT LTD THR.
229. RFA-812-2022 ITS LEGAL ATTORNEY V/S STATE OF HARYANA AND OTHERS HSIIDC Ltd. V/S DALPAT(DECEASED) THR LR
230. RFA-67-2022 AND ORS MERLIN LAND AND HOUSING PVT LTD V/S
231. RFA-817-2022 STATE OF HARYANA AND OTHERS
232. RFA-37-2022 HSIIDC Ltd. V/S RAM NATH AND OTHERS NAND RAM (SINCE DECEASED) THROUGH LRS
233. RFA-834-2022 AND OTHERS V/S STATE OF HARYANA AND OTHERS HSIIDC Ltd. V/S RAMPAT DECEASED THROUGH
234. RFA-70-2022 LRS AND ORS HSIIDC Ltd. V/S MERLIN LAND AND HOUSING
235. RFA-91-2022 PVT. LIMITED AND OTHERS HSIIDC Ltd. V/S MERLIN LAND AND HOUSING
236. RFA-42-2022 PVT LTD THR ITS LEGAL ATTORNEY SHRI VINEET MAHESHWARI AND OTHERS BIMLA DEVI V/S STATE OF HARYANA AND
237. RFA-824-2022 OTHERS HSIIDC Ltd. V/S AKHLA (SINCE DECEASED)
238. RFA-56-2022 THROUGH LRS AND ORS
239. RFA-63-2022 HSIIDC Ltd. V/S RAJESH AND OTHERS
240. RFA-54-2022 HSIIDC Ltd. V/S BALBIR AND OTHERS
241. RFA-75-2022 HSIIDC Ltd. V/S RAJ KUMAR AND ORS GIRDHARI AND OTHERS V/S STATE OF
242. RFA-789-2022 HARYANA AND OTHERS
243. RFA-83-2022 HSIIDC Ltd. V/S SMT. KIRN AND OTHERS 41 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -42-
244. RFA-78-2022 HSIIDC Ltd. V/S SHEO RAM AND OTHERS
245. RFA-52-2022 HSIIDC Ltd. V/S PRIBHU DAYAL AND OTHERS HSIIDC Ltd. V/S RAM SINGH SINCE DECEASED
246. RFA-71-2022 THROUGH LRS AND OTHERS SMT. SUDESH V/S STATE OF HARYANA AND
247. RFA-822-2022 OTHERS HSIIDC Ltd. V/S DALPAT SINGH DECEASED
248. RFA-29-2022 THROUGH LRS AND OTHERS
249. RFA-38-2022 HSIIDC Ltd. V/S SHER SINGH AND OTHERS HSIIDC Ltd. V/S HIRA LAL (SINCE DECEASED)
250. RFA-32-2022 THROUGH LRS AND OTHERS
251. RFA-49-2022 HSIIDC Ltd. V/S ATTAR SINGH AND OTHERS
252. RFA-76-2022 HSIIDC Ltd. V/S LEKH RAM AND OTHERS
253. RFA-57-2022 HSIIDC Ltd. V/S BHOOP SINGH AND ORS
254. RFA-31-2022 HSIIDC Ltd. V/S DHAN SINGH AND OTHERS
255. RFA-89-2022 HSIIDC Ltd. V/S PRITHVY SINGH AND ORS HSIIDC Ltd. V/S DULI CHAND DECEASED
256. RFA-72-2022 THROUGH LRS AND ORS
257. RFA-30-2022 HSIIDC Ltd. V/S BHARAT SINGH AND OTHERS
258. RFA-65-2022 HSIIDC Ltd. V/S RAJENDER KUMAR AND ORS SMT. VIJAY KUMARI AND ANR. V/S STATE OF
259. RFA-796-2022 HARYANA AND OTHERS HSIIDC Ltd. V/S MERLIN LAND AND HOUSING
260. RFA-100-2022 PVT. LIMITED AND OTHERS HSIIDC Ltd. V/S GUGAN (SINCE DECEASED)
261. RFA-46-2022 THROUGH LRS AND OTHERS KANWAR SINGH AND OTHERS V/S STATE OF
262. RFA-816-2022 HARYANA AND OTHERS
263. RFA-77-2022 HSIIDC Ltd. V/S BHARAT SINGH AND ORS HARKESH AND OTHERS V/S STATE OF
264. RFA-788-2022 HARYANA AND OTHERS
265. RFA-279-2022 HSIIDC Ltd. V/S SURAJ MAL AND ORS HSIIDC Ltd. V/S SARDAR SINGH (SINCE
266. RFA-53-2022 DECEASED) THROUGH LRS AND OTHERS
267. RFA-92-2022 HSIIDC Ltd. V/S SMT. BALA DEVI AND OTHERS HSIIDC Ltd. V/S BALU RAM (SINCE DECEASED)
268. RFA-102-2022 THROUGH LRS AND OTHERS
269. RFA-60-2022 HSIIDC Ltd. V/S BALBIR SINGH AND OTHERS
270. RFA-794-2022 BHUPENDER SINGH, DECEASED, THROUGH LRS AND ANOTHER V/S STATE OF HARYANA 42 of 43 ::: Downloaded on - 30-12-2022 13:49:10 ::: RFA No.26 of 2022(O&M) -43- AND ORS HSIIDC Ltd. V/S SARDAR SINGH DECEASED
271. RFA-28-2022 THROUGH LRS AND OTHERS
272. RFA-99-2022 HSIIDC Ltd. V/S HARI SINGH AND OTHERS
273. RFA-81-2022 HSIIDC Ltd. V/S SURAT RAM AND OTHERS
274. RFA-88-2022 HSIIDC Ltd. V/S ATTAR SINGH AND OTHERS
275. RFA-272-2022 HSIIDC Ltd. V/S SHER SINGH AND ORS 43 of 43 ::: Downloaded on - 30-12-2022 13:49:10 :::