Punjab-Haryana High Court
State Of Haryana And Another vs Rajbir And Anr on 19 April, 2022
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
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, 1 of 56 ::: Downloaded on - 12-07-2022 04:40:56 ::: 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 2 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: 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 RFCTLARR Act, 2013. As already noticed, the notification under Section 4 and 6 were issued under the 1894 Act, whereas the LAC has passed the awards under the RFCTLARR Act, 2013. The awards under the RFCTLARR Act, 2013 have been passed in view of Section 24 (1) (a). At this stage, it is considered appropriate to reproduce section 23, 24 of the 1894 Act and Section 4, 11, 24, 26, 30, 69, 107, 113, 114 of the RFCTLARR Act, 2013.
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Section 23 and 24 of the 1894 Act.
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;
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 4 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -5- 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 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 law or opposed to public policy.
Section 24, 26, 30, 69, 107, 113 114 of the RFCTLARR Act, 2013.
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4. Preparation of Social Impact Assessment study.- (1)Whenever the appropriate Government intends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municipality or Municipal Corporation, as the case may be, at village level or ward level, in the affected area and carry out a Social Impact Assessment study in consultation with them, in such manner and from such date as may be specified by such Government by notification.
(2) The notification issued by the appropriate Government for commencement of consultation and of the Social Impact Assessment study under sub-section (1) shall be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government:
Provided that the appropriate Government shall ensure that adequate representation has been given to the representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be, at the stage of carrying out the Social Impact Assessment study:
Provided further that the appropriate Government shall ensure the completion of the Social Impact Assessment study within a period of six months from the date of its commencement.
(3)The Social Impact Assessment study report referred to in sub-section (1)shall be made available to the public in the manner prescribed under section 6.
(4)The Social Impact Assessment study referred to in sub-
section (1)shall, amongst other matters, include all the following, namely:--
(a)assessment as to whether the proposed acquisition serves public purpose;
(b)estimation of affected families and the number of families among them likely to be displaced;
(c)extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition;
(d)whether the extent of land proposed for acquisition is 6 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -7-
the absolute bare-minimum extent needed for the project;
(e)whether land acquisition at an alternate place has been considered and found not feasible;(f)study of social impacts of the project, and the nature and cost of addressing them and the impact of these costs on the overall costs of the project vis-a-visthe benefits of the project:
Provided that Environmental Impact Assessment study,if any, shall be carried out simultaneously and shall not be contingent upon the completion of the Social Impact Assessment study.
(5)While undertaking a Social Impact Assessment study under sub-section (1), the appropriate Government shall, amongst other things, take into consideration the impact that the project is likely to have on various components such as livelihood of affected families, public and community properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water, sources of water for cattle, community ponds, grazing land, plantations, public utilities such as post offices, fair price shops, food storage godowns, electricity supply, health care facilities, schools and educational or training facilities, anganwadis, children parks, places of worship, land for traditional tribal institutions and burial and cremation grounds.
(6)The appropriate Government shall require the authority conducting the Social Impact Assessment study to prepare a Social Impact Management Plan, listing the ameliorative measures required to be undertaken for addressing the impact for a specific component referred to in sub-section (5), and such measures shall not be less than what is provided under a scheme or programme, in operation in that area, of the Central Government or, as the case may be, the State Government, in operation in the affected area."
11.Publication of preliminary notification and power of officers.-
(1)Whenever, it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and 7 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -8- urban areas shall be published in the following manner, namely:--
(a)in the Official Gazette;
(b)in two daily newspapers circulating in the locality of such area of which one shall be in the regional language;
(c)in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil;
(d)uploaded on the website of the appropriate Government;
(e)in the affected areas, in such manner as may be prescribed.
(2)Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabha or Sabhas at the village level, municipalities in case of municipal areas and the Autonomous Councils in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the contents of the notification issued under the said sub-section in all cases of land acquisition at a meeting called especially for this purpose. (3)The notification issued under sub-section (1)shall also contain a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement under section 43.
(4)No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such notification till such time as the proceedings under this Chapter are completed:
Provided that the Collector may, on the application made by the owner of the land so notified, exempt in special circumstances to be recorded in writing,such owner from the operation of this sub-section:
Provided further that any loss or injury suffered by any person due to his wilful violation of this provision shall
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(5)After issuance of notice under sub-section (1), the Collector shall, before the issue of a declaration under section 19, undertake and complete the exercise of updating of land records as prescribed within a period of two months."
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 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 so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:
Provided that where an award has been made and 9 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -10-
compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act."
26. Determination of market value of land by Collector.-
(1)The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:--
(a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or
(b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or
(c) consented amount of compensation as agreed upon under sub-section (2)of section 2 in case of acquisition of lands for private companies or for public private partnership projects,whichever is higher:
Provided that the date for determination of market value shall be the date on which the notification has been issued under section 11.
Explanation1.--The average sale price referred to in clause (b)shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made.
Explanation 2.--For determining the average sale price referred to in Explanation 1, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account.
Explanation 3.--While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired under the provisions of 10 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -11-
this Act on an earlier occasion in the district shall not be taken into consideration.
Explanation 4.--While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating market value.
(2)The market value calculated as per sub-section (1)shall be multiplied by a factor to be specified in the First Schedule.
(3)Where the market value under sub-section (1) or sub- section (2) cannot be determined for the reason that--
(a) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or
(b) the registered sale deeds or agreements to sell as mentioned in clause (a) of sub -section (1) for similar land are not available for the immediately preceding three years; or
(c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority,the State Government concerned shall specify the floor price or minimum price per unit area of the said land based on the price calculated in the manner specified in sub-section (1) in respect of similar types of land situated in the immediate adjoining areas:
Provided that in a case where the Requiring Body offers its shares to the owners of the lands (whose lands have been acquired) as a part compensation, for acquisition of land, such shares in no case shall exceed twenty-five per cent, of the value so calculated under sub-section (1)or sub-section (2)or sub-section (3)as the case may be:
Provided further that the Requiring Body shall in no case compel any owner of the land (whose land has been acquired) to take its shares, the value of which is deductible in the value of the land calculated under sub- section (1):
Provided also that the Collector shall, before initiation of any land acquisition proceedings in any area, take all necessary steps to revise and update the market value of the land on the basis of the prevalent market rate in that 11 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -12-
area:
Provided also that the appropriate Government shall ensure that the market value determined for acquisition of any land or property of an educational institution established and administered by a religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and administer educational institutions of their choice.
30. Award of solatium.-
(1) The Collector having determined the total compensation to be paid, shall, to arrive at the final award, impose a ―Solatium‖ amount equivalent to one hundred per cent. of the compensation amount.
Explanation.--For the removal of doubts it is hereby declared that solatium amount shall be in addition to the compensation payable to any person whose land has been acquired.
(2)The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule.
(3) In addition to the market value of the land provided under section 26, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent per annum on such market value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study under sub-section (2)of section 4, in respect of such land, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier."
69. Determination of award by authority.-
(1) In determining the amount of compensation to be awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under section 26 to section 30 and the provisions under Chapter V of this Act.
(2)In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve per cent. per annum on such market value for the period commencing on and from the date of the publication of the preliminary 12 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -13- notification under section 11 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.
(3) In addition to the market value of the land as above provided, the Authority shall in every case award a solatium of one hundred per cent. over the total compensation amount."
107. Power of State Legislatures to enact any law more beneficial to affected families.-Nothing in this Act shall prevent any State from enacting any law to enhance or add to the entitlements enumerated under this Act which confers higher compensation than payable under this Act or make provisions for rehabilitation and resettlement which is more beneficial than provided under this Act."
113. Power to remove difficulties.-
(1)If any difficulty arises in giving effect to the provisions of this Part, the Central Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty:
Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act.
(2)Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament."
114. Repeal and saving.-
(1)The Land Acquisition Act,1894 (1 of 1894) is hereby repealed.
(2)Save as otherwise provided in this Act the repeal under sub-section (1)shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals."
6. The RFCTLARR Act, 2013 has come into force with effect 13 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -14- from 1st day of January, 2014. On a careful reading of sub-section(1) of Section 26 of the RFCTLARR Act, 2013, it is evident that the Collector is required to determine the market value of the acquired land after analyzing the cases on the basis of following three criterias:-
(a) On the basis of instructions issued under Indian Stamp Act, 1899 for registration of sale deeds or registered agreements to sell in the area where the acquired land is situated; or
(b) The average sale price for similar type of land situated in the nearest village or nearest vicinity area; or (C) Consented amount of compensation as agreed upon under sub-section(2) of Section 2 of the RFCTLARR Act, 2013 in case of acquisition of land for private companies or for public private partnership projects.
7. It is further provided that the Collector is required to adopt the method which assesses the highest market value out of the three options as provided under Clause(a), (b) and (c) of sub-section(1) of Section 26 of the RFCTLARR Act, 2013. The proviso to Section 26 (1) lays down that the market value shall be determined on the date on which the notification under Section 11 of the RFCTLARR Act, 2013 was issued. Explanation-1 to Section 26(1) provides that for determining the market value under Clause
(b), the average sale price is required to be assessed by taking into account the sale deeds or the agreements to sell registered for similar type of area in the nearby village or nearby vicinity area during the period immediately preceding three years of the year in which the notification under Section 4(2) 14 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -15- of the RFCTLARR Act, 2013, for proposed acquisition of the land was issued. Thus, there is a substantial difference between the assessment under the old Act and under the new Act. In the RFCTLARR Act, 2013, the average sale price is calculated on the basis of the sale deeds or registered agreements to sell with respect to the period three years preceding the year in which such acquisition is proposed to be made. It is provided that the sale deeds of the year in which the notification under Section 4(2) of the RFCTLARR Act, 2013 has been issued shall be required to be excluded.
8. Similarly, Explanation-2 provides that while determining the average sale price, one half of the total number of the sale deeds or the agreements to sell in which the highest sale price has been reflected shall be taken into account. Explanation-3 stipulates that any price paid as compensation for the land acquired under the provisions of the RFCTLARR Act, 2013 on an earlier occasion in the district shall not be taken into consideration. In other words, the previous assessment of the market value either by the Land Acquisition Collector or the Court with respect to different parcel of land by a separate notification shall be excluded from consideration while assessing the market value of the acquired land. Thereafter, Explanation-4 provides that if the Collector is of the opinion that any price paid or allegedly paid is not indicative of the prevailing market value, then, such sale deed(s) may be discarded for the purposes of calculating market value or in other words, excluded from being considered while calculating the average sale price. Further, sub-section(2) of Section 26 provides that after calculating the market value as per sub-section (1), the Collector shall multiply the same by a factor to be specified in the first 15 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -16- schedule. Sub-section(3) further provides that where the Collector is unable to determine the market value of the acquired land under sub-section(1) or sub-section (2), then, the State Government shall specify the floor rate or minimum price per unit of the said land on the price calculated in the manner specified in sub-section (1) in respect of similar types of land situated in the immediately adjoining areas. Moreover, the various provisos to sub-section (3) provide the procedure where the acquiring body offers its shares to the owners. The last proviso to sub-section (3) provides that it shall be the duty of the appropriate government to ensure that the market value determined for acquisition of any land or property of the educational institution established or administered by a religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and administer educational institutions of their choice.
9. Section 28 of the RFCTLARR Act, 2013 lays down the various parameters to be kept in mind by the Collector while assessing the market value. Section 30 provides that the Collector after having assessed the compensation to be paid as per Section 26 (1 and 2) (including value of things attached to land or building), shall award a solatium amount equivalent to 100% of the compensation amount. It is significant to note that the amount of solatium is required to be calculated on the compensation amount which includes the determination made by the Collector in accordance with Section 26(1), (2) and (3) of the RFCTLARR Act, 2013, as the case may be. On a careful reading of Section 27, it is evident that the Collector is required to calculate the total amount of compensation including the market value of all the assets attached to the land. Sub-section (3) of 16 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -17- Section 30 provides that the Collector shall, in every case, award an amount calculated at the rate of twelve per cent per annum on such market value for the period commencing on and from the date of publication of the notification for conducting Social Impact Assessment study of the land proposed to be acquired under sub-section (2) of section 4 of the RFCTLARR Act, 2013, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. However, there is an anomaly in the RFCTLARR Act, 2013. Under Section 69, the aforesaid interest is required to be calculated from the date of notification under Section 11 of the RFCTLARR Act, 2013, whereas Section 30(3) provides that the interest/additional amount shall be calculated from the date of notification under Section 4(2) of the 2013 Act.
10. On a careful reading of Section 30 of the RFCTLARR Act, 2013, it is evident that a Statute has used the expression "the total compensation" determined by the Collector. Whereas Section 26(1) of the RFCTLARR Act, 2013 uses the expression 'the market value". Similarly, sub-Section (2) of Section 26 uses the expression "the market value calculated as per sub-section (1) shall be multiplied by a factor to be specified in the First Schedule. The market value assessed by the Collector under sub-section (1) of Section 26 is different from the total compensation referred to in Section 30. Obviously, it would not only include the market value but also the amount which has been arrived at after multiplying the market value by a factor to be specified in the first schedule and the value of the things attached to the earth or building. On a careful reading of the first schedule, it is evident that the statute has used the expression 17 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -18-
"compensation". The components of the minimum compensation have been specified which include not only the market value of the land, factor and the value of the assets attached to the land or the building. This fact is further clear from Sr. No.5 in the first schedule which provides for solatium. It provides that the amount of solatium shall be equivalent to 100% of the market value of land mentioned against Sr.No.1 multiplied by the factor specified against Sr. No.2 or Sr. No.3 as the case may be. The solatium is required to be awarded after including the value of assets attached to the land or the building.
11. It is evident that the manner of assessing the compensation/market value of the acquired land is significantly different from the 1894 Act, however, the RFCTLARR Act, 2013 is inadequately drafted. There is another controversy with regard to the date on which the market value of the acquired property is required to be assessed while assessing the market value under Section 24 (1) (a) of the RFCTLARR Act, 2013 i.e. during the period of transition between the 1894 Act and the RFCTLARR Act, 2013. In fact, a letter dated 26.10.2015 issued by a Joint Secretary of Department of Land Resources, Ministry of Rural Development provides that the relevant date for calculation of the market value under Section 24(1) (a) should be taken as 01.01.2014.
12. It has been noticed that the various Presiding Judges of the reference courts have taken different views of the matter. In district Jhajjar, while deciding a very large batch of reference petitions, the RC(s) have formed contrary opinions on the same issue. Hence it becomes important to firstly address this issue in an elaborate manner. The letter dated
18 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -19- 26.10.2015, is extracted as under:-
"Dear Please refer to your letter No.R&FD/General-2014 CR- 31/A4, dated the 11th September, 2014, regarding directions under Section 113 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 21013.
2. The issues raised by you along with the view of this Department were sent to the Department of Legal Affairs, Ministry of Law & Justice for opinion in the matter. The issues raised by the Government of Maharashtra and the opinion of the Department, as concurred in by the Department of Legal Affairs, thereon are enumerated below:-
Sr. Issues raised by the Opinion of the DoLR No. Government of Maharashtra
1. While determining the Under Section 26 of the amount of RFCTLARR Act, 2013 compensation under market value of land is Section 27 of the determined while under RFCTLARR Act, Section 27, value of all 2013 of Hon'ble asets attached to the land is Supreme Court's order added to the market value are followed or cost to determine, the amount of of assets have to be compensation. Thus, it is separately computed not contradictory to the in addition to cost of Supreme court's orders land? quoted in the letter of Maharashtra Government.
2. Under Section 24(1), Under Section 24(1), the the reference date for reference date for calculating 12% calculating 12% interest interest should be date should be date of of preliminary preliminary notification notification under under Land Acquisition Land Acquisition Act, Act, 1894. Department of 1894 Land Resources agrees to this, as there is no other reference date, than can be 19 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -20-
treted as equivalent to date of SIA notification under the RFCTLARR Act, 2013.
3. For calculation of The reference date for market value under calculation of market value Section 24(10(a), under Section 24(1)(a) reference date should should be 01.01.2014 be 01.01.2014 (commencement of (commencement of RFCTLARR Act, 2013), as RFCTLARR Act, the Sections reads in many 2013) or date of cases of Land acquisition issuing preliminary proceedings initiated under notification under the Land Acquisition Act, Land Acquisition Act, 1894, where no award 1894? 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.
Under Section 26 reference date is date of preliminary notification, but Section 24 is a special case of application of the Act in retrospective cases, and a later date of determination of market value is suggested (i.e. 01.01.2014) within a view to ensure that the land owned/farmers/affected families get enhanced compensation under the provisions of the RFCTLARR Act, 2013 (as also reocmmended by Standing Committee in its 31st report).
Yours sincerely, Sd/-
(Hukam Singh Meena) Joint Secretary (LR)"
13. The afore-noted questions arise in these cases because the 20 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -21- proceedings under the 1894 Act could not be completed before the enforcement of the RFCTLARR Act, 2013.
Discussion on question No.1 and 2.
14. Section 23 of the 1894 Act specifically provides that the crucial date for assessment of the market value of the acquired land shall be the date of publication of notification under Section 4(1) of the 1894 Act. Further, the additional amount/benefit under sub-section(1-A) of Section 23 of the 1894 Act is, also, required to be calculated from the date of publication of notification under Section 4(1) till the date of award of the Collector or the date of taking possession of the acquired land whichever is earlier. Section 24(1)(a) of the RFCTLARR Act, 2013 which specifically takes care of transitional period between the 1894 Act and the RFCTLARR Act, 2013, does not provide that the date of enforcement of the Act shall be construed as the date of issuance of notification under Section 4(2) or Section 11 of the RFCTLARR Act, 2013. Proviso to sub-section (1) of Section 26 provides that the date of determination of the market value shall be the date on which the notification has been issued under Section 11 of the RFCTLARR Act, 2013. Notification under Section 11 is a preliminary notification issued by the Government expressing its desire to acquire the land.
15. Further, Section 30(3) of the RFCTLARR Act, 2013, provides that the additional amount at the rate of 12% per annum on such market value is required to be calculated from the date of publication of notification for conducting Social Impact Assessment Study of the proposed land under sub-section (2) of Section 4 of RFCTLARR Act, 2013, till the date of award 21 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -22- of the Collector or the date of taking possession of the land whichever is earlier. If the communication is considered as a direction issued by the Central Government in exercise of powers under Section 113 and the date of such assessment of the market value is taken as 01.01.2014, then, the same shall not only be in violation of Section 24 of the 1894 Act but also an infringement of the proviso to Section 26 (1) of the RFCTLARR Act, 2013. Clause 5 of Section 24 of the 1894 Act provides that any increase in the value of the acquired land which is likely to accrue from the use to which it might be put when acquired is to be ignored. In fact, by the aforesaid letter, the goalpost itself is sought to be changed. The date of assessment of the market value of the acquired land either under the 1894 Act or RFCTLARR Act, 2013 is sought to be overridden/surpassed. Both the Acts are based on the fundamental rule that the date of preliminary notification shall be the date for assessment of the market value. Once, there is no specific provision providing for assessment as on 01.01.2014, in the considered opinion of the Court the communication should be construed as arbitrary and ultra-vires to the provisions of both the Acts.
16. This matter can be examined from yet another perspective. By changing the goalpost to 01.01.2014, the exemplar sale deeds which have been executed and registered post the date of preliminary notification under Section 4 of the 1894 Act which are, ordinarily excluded from consideration, shall be required to be taken into account and thus, will go against the legislative approach, otherwise provided under both the Acts. In such a situation, it will become difficult for the courts to distinguish between bonafide sale deeds and the pretentious sale deeds which have been executed 22 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -23- only to jack up the claim for compensation. Once, the factum of proposed acquisition of the land in the vicinity is in the knowledge of the residents of the area or landowners, then, the possibility of executing sale deeds with malafide intent for jacking up prices in the area would increase.
17. The learned senior counsel representing the appellant very ably assisted by various learned counsels has submitted that Section 24 (1)(a) of the RFCTLARR Act, 2013, in fact, saves the proceedings of acquisition of land for public purpose which could not be finalized under the 1894 Act, therefore, the date of assessment of the market value has to be as on 01.01.2014. While elaborating, he submitted that once all the provisions of the RFCTLARR Act, 2013 are applicable, then the preliminary notification under Section 4 or 11 cannot be before 01.01.2014 i.e. the date of enforcement. While referring to Section 25, he submits that under the RFCTLARR Act, 2013, the appropriate government has enabling power to extend the period of 12 months, if, in its opinion, circumstances exist justifying the same. While referring to section 26, he contends that since the assessment is to be made on the date of issuance of preliminary notification which cannot be before 01.01.2014, therefore, the aforesaid communication is consistent with the provisions of the Act. He has drawn the attention of the Court to Section 69, which provides for determination of the amount by the authority (RC). He also refers to Section 107 as well as the schedule attached to the RFCTLARR Act, 2013. The first schedule attached to the RFCTLARR Act, 2013 provides that the market value of the acquired land is to be determined as per the criteria provided under Section 26(1) of the RFCTLARR Act, 2013 which is thereafter, multiplied by the factor to arrive 23 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -24- at the amount of compensation. It also provides for award of 100% solatium. Section 107 provides that the State Legislature has the enabling power to enact only such law which is more beneficial for the affected families. The State Legislatures are restricted from enacting any law which is less beneficial to the affected families, than the RFCTLARR Act, 2013. The aforesaid memo or instruction is supplementing the Act and not supplanting it. The learned counsel relies upon the following judgments:-
1. Prahlad Singh and 6 others vs. State of UP and 2 others, Writ(c)No.15804 of 2016.
2. Ishan International Educational Soceity through Director vs. State of UP and 3 others,Writ(C) No.60276 of 2015.
3. Ghaziabad Development Authority vs. Ishan International Educational Society & Ors. (Appeal (C) No.17660 of 2017, decided on 19.07.2017).
4. Development Authority vs. Kumar Singh and others,(Appeal No(s) 15502 of 2017, decided on 02.09.2021).
5. Vishnubhai Viramnhai Desai and 3 others vs. State of Gujarat and 2 others, (Special Civil Application No.17897 of 2015, decided on 27.06.2017).
18. Learned Advocate General, Haryana, has submitted that this memo has not been issued in the name of the Central Government or the President of India. It is only a response given to the issues raised by the Government of Maharashtra. There is also no evidence that the aforesaid 24 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -25-
communication was laid before both the Houses of the Parliament. There is no notification in the official gazette. While drawing the attention of the Court to various orders issued by the Central Government in exercise of similar powers to remove the difficulties existing in various other Statutes Advocate General, Haryana, has tried to bring home the point that the communication in question has not been issued as per the prescribed mode. The attention of the court has been drawn to the various orders issued by the Central Government in the exercise of powers under Section 183 of the Electricity Act, 2003 which is similar to Section 113 of the RFCTLARR Act, 2013. All these orders have been issued by the Central Government in its own name. The attention of the Court has also been drawn to the similar provisions in the Jammu & Kashmir Reorganization Act, 2019. The Central Government in exercise of powers under Section 103 of the Jammu and Kashmir Reorganization Act, 2013, issued Jammu and Kashmir Reorganization (Removal of Difficulties) Order, 2019.
19. This matter for the purpose of interpretation can be considered from yet another perspective. If the intention of the Legislature was to apply all the provisions of the RFCTLARR Act, 2013, there was no necessity to enact a hybrid provision like Section 24(1)(a). In such case, it would have contained a provision that the pending or incomplete acquisition proceedings, shall lapse and the acquiring authority will start the proceedings afresh under the RFCTLARR Act, 2013. On a careful reading of Section 24(1)(a), it is evident that only the provisions relating to determination of compensation of the RFCTLARR Act, 2013 have been made applicable while saving the notifications under Section 4 and 6 of the 25 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -26- 1894 Act. The Legislature does not also provide that all the provisions of the RFCTLARR Act, 2013, shall be applicable with respect to the incomplete proceeding under the 1894 Act.
20. As regards the argument of the learned counsel representing the landowners, it may be noted that the subject of acquisition and requisition of property is at entry No. 42 of the concurrent list of Seventh Schedule to The Constitution of India. Therefore, there cannot be any restriction on the State to enact law. In fact, the various State Government, have already enacted the laws, amending the various provisions of RFCTLARR Act, 2013. Section 107 cannot be read in a manner as suggested by the learned counsel representing the landowners. Section 107 does not prohibit the State Government from enacting its own law amending the RFCTLARR Act, 2013.
21. This court also does not find any substance in the arguments of the learned counsel that the communication dated 26.10.2015 is supplementary and does not supplant the Act. In the considered opinion of the court, the aforesaid letter is in conflict with the provisions of the Act, consequently, if taken into account, it would result in supplanting the provisions of the RFCTLARR Act, 2013, as to its implementation to the cases arising during the transition period.
22. Now the Bench proceeds to analyze the judgments relied upon. The first judgment is in Prahlad Singh and 6 others vs. State of UP and 2 others, Writ(c)No.15804 of 2016, decided by a Division Bench of the Uttar Pradesh High Court on 26.09.2016. In the aforesaid case, the Government, after issuing notification under Section 4 and 6 in the year 1974-75, did not 26 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -27- pass the award but dispossessed the landowners. In those circumstances, the Collector, Mujaffar Nagar on 18.02.2016, passed an order directing the Special Land Acquisition Officer to determine the compensation by taking the market value of the land as existed in the year 1981 which was the date when the respondents deposited the amount in respect of other landowners in the revenue deposit. Since, the proceedings pursuant to the issuance of notification 4 and 6 had lapsed, therefore, the Court, in the peculiar facts of case, directed that the market value of the land shall be required to be determined as prevailing on 01.01.2014, while relying upon the aforesaid communication dated 26.10.2015.
23. Similarly, in Ishan International Educational Society through Director vs. State of UP and 3 others,Writ(C) No.60276 of 2015, another Division Bench of the Uttar Pradesh High Court while examining that the notification under Section 4(1) read with Section 17(4) of the 1894, was issued on 02.12.2004 but the award was made on 08.05.2015, directed that the date of assessment of the compensation shall be as on 01.01.2014.. Though, in between, there was a litigation in which the dispossession of the landowners was stayed. However, in the peculiar facts of the case, the Court directed that the market value of the acquired land is required to be calculated as on 01.01.2014. The Special Leave Petition before the Supreme Court against judgment dated 09.05.2017, passed by the Division Bench in Ishan International Education Society was dismissed.
24. The next judgment relied upon by the learned counsel is given by a Division Bench of Gujarat High Court in Vishnubhai Virambhai Desai and 3 others vs. State of Gujarat and 2 others, Special Civil 27 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -28- Application No.17897 of 2015, decided on 27.06.2017. A writ petition was filed under Article 226 of the Constitution of India by the landowners for direction to grant compensation for the acquired land. The court noticed that the notification under Section 6 was issued on 31.08.1987 and possession was taken on issuance of notice under Section 9, however, no award was announced under Section 11 of the 1894 Act. The Court noticed that without announcing award, the possession has been taken. Consequently, the court ordered that the market value be assessed as prevailing on 01.01.2014.
25. The next judgment relied upon by the learned counsel representing the landowners is in Aligarh Development Authorty vs. Megh Singh and others(Civil Appeal No.4821 of 2016, decided on 12.02.2019) , it is evident that the Hon'ble Supreme Court after taking note of fact that the State itself has relied upon the Central Government's order under Section 113, dismissed the review application.
26. The next judgment relied upon by the learned counsel representing the landowners is in Horilal vs. State of Uttar Pradesh and others 2019 SCC OnLine SC 129. In the aforesaid case also, the State has placed reliance on the letter issued by the Central Government which has been reproduced above. On that basis, the Court in the peculiar facts decided the case.
27. The learned counsel representing the landowners has also relied upon the judgment passed by the Supreme Court in Executive Engineer, Gosikhurd Project Ambadi. Bhandara, Maharashtra Vidarbha Irrigation Development Corporation vs. Mahesh and others, 2022(1) RCR(Civil) 1.
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In the aforesaid case, the question was applicability of Section 25 of the RFCTLARR Act, 2013, which enables the appropriate government to extend the period for announcing the award. In that context, the Supreme Court held that Section 25 is a Rule of procedure immediately following Section 24 and forms a part of the bundle of all the provisions from Section 25 to 30. The aforesaid judgment does not examine the validity or enforceability of the communication in question.
28. In Shri Hardas (Haridas) and others vs. The State of Maharashtra through its Secretary, Revenue & Forest Department and others, 2019(5) Maharashtra Law Journal 867, the Division Bench of Bombay High Court was examining a case where the notification under Section 6 of the Land Acquisition Act was issued on 18.12.1997, whereas the award was passed on 07.09.2017. The petition was filed in the High Court to declare that the award of Land Acquisition Officer dated 07.09.2017, is illegal. In the peculiar facts of the case and while relying upon the judgment passed by the Supreme Court in Horilal vs. State of Uttar Pradesh and others 2019 SCC OnLine SC 129, it was held that 01.01.2014 shall be take as the date of notification under Section 19 of the RFCTLARR Act, 2013, which is equivalent to notification under Section 6 of the 1894 Act.
29. The next judgment relied upon by the learned counsel is in G.Krishanaraj and others vs. The Secretary to Government, Housing and Urban Development, Fort St. George, Chennia-600 009 and others, 2019 (4) Madras Law Journal 38. In the aforesaid case, the award passed by the Special Tehsildar (Land Acquisition) on 20.09.2016 was challenged before 29 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -30- the High Court. There was interim award passed on 15.09.2014 and then there was another award dated 20.09.2016. It appears that the notification under Section 4 was issued somewhere on 21.12.2011. In those facts, the court held that the date for calculation of the market value shall be as prevailing on 01.01.2014. Similar are the facts of the case Mr. G.Ezhilarasan and others vs. The Secretary to Government, Housing and Urban Development Department, Fort. St. George, Chennia-9 and others (Writ Appeal No.756 to 759 of 2019, decided on 08.03.2019), decided by the Division Bench of the Madras High Court, wherein the issue with regard to Section 24 (1)(a) of the RFCTLARR Act, 2013 was discussed in detail.
30. While answering the question No.1, it is declared that under Section 24(1)(a) during the transitional period, the market value will have to be assessed on the date of publication of notification under Section 4(1) of the 1894 Act. Similarly, the additional amount under Section 30(3) of the RFCTLARR Act, 2013 shall be calculated from the date of publication of notification under Section 4 of the 1894 Act till the date of the award or date of taking possession of the land, whichever is earlier. Discussion on Qquestion No.3 and 4
31. It is evident that the aforesaid letter was written by the Department of Land Resources in the Ministry of Rural Development in response to a communication from Revenue and Forest Department, Government of Maharashtra. The department reproduced the issues raised by the Government of Maharashtra and the opinion of Department of Legal Affairs in the Ministry of Law and Justice. The question here is whether such communication falls within the scope of Section 113 of the 2013 Act or 30 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -31- not?
32. It is apparent that under Section 113 of the 2013 Act, the Central Government, may, by order, make such provision or give such directions which are not inconsistent with the provisions of 2013 Act in case any difficulty arises. Proviso to sub-section (1) enables the Central Government to issue such communications within a period of two years from the commencement of the Act. Sub-section (2) provides that every order made under this sub-section shall be laid before each House of the Parliament, as soon as it is made.
33. It is important to keep in mind that such orders or direction are required to be issued by the Central Government.
34. The learned counsel representing the landowners have also drawn the attention of the Court to 31st report of Standing Committee on Rural Development 2011-2012, on the Land Acquisition , Rehabilitation and Resettlement Bill, 2011. The operative part of the recommendation reads as under:-
16.5 The Committee note that Clause 24 of the Bill provides that land acquisition cases/process shall be invalid on enactment of the new Act in cases where Collector has not given award or possession of the land has not been taken before the commencement of the proposed legislation. Some of the representatives of the industry and also the Ministries like Railways and Urban Development submitted before the Committee that land acquisition proceedings already initiated under the existing Land Acquisition, 1894 should not lapse as it would lead to time and cost over-run in many infrastructural projects. However, in such cases land 31 of 56 ::: Downloaded on - 12-07-2022 04:40:57 ::: RFA No.309 of 2021(O&M) and other connected cases -32-
compensation and R&R benefits could be allowed as per the provisions of LARR Bill. The Committee would like the Government to re-examine the issue and incorporate necessary provisions in the Rules to be framed under the new Act with a view to ensuring that the land owners/ farmers/affected families get enhanced compensation and R&R package under the provisions of the LARR Bill, 2011 and at the same time, the pace of implementation of infrastructural projects is not adversely impacted.
35. It is evident that the aforesaid recommendations are only with regard to the fact that the acquisition proceedings already initiated under the 1894 Act should not lapse.
36. They also rely upon a letter issued by Department of Revenue and Disaster Management dated 21.08.2015. The operative part thereof reads as under:-
(i) Cases where proceedings under the provisions of the Land Acquisition Act, 1894 has been initiated prior to 01.01.2014 and where no award has been made.
In cases where proceedings which have been initiated under the old Land Acquisition Act, 1894 prior to 01.01.2014 and where no award has been made under the said Act of 1894, shall continue till the stage of determination of compensation. However, compensation shall be awarded on or after 01.01.2014 under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short RFCTLARR Act, 2013) i.e. all provisions of RFCTLARR Act, 2013 relating to the determination of compensation shall apply where no award under Section 11 of the old Land Acquisition Act, 1894 has been made."
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37. The aforesaid communication does not lay down that the date of assessment of the compensation shall be 01.01.2014 and not the date of preliminary notification.
Object 3 1
38. From the aforesaid discussion, the conclusion is inevitable that , with greatest respect, none of the judgments as a ratio decidendi lay down that the letter dated 26.10.2015 is, in fact, an order or direction of the Central Government in the exercise of powers under Section 113 in order to remove difficulties. The observations made by the U.P High Court in any particular judgment, cannot be considered as ratio decidendi to be applied in the other judgments. In the alternative, even if it is so, then, in the humble opinion of the Court, such communication being inconsistent with the substantive provision as well as the procedural requirements for issuing them as provided under the relevant Acts is liable to be ignored. It is well settled that after the Constitution of India, a Statute enacted by the Parliament is supreme. The rules, regulations, policy decisions, instructions and executive instructions, all from a part of subordinate/delegated legislation and therefore, they cannot supersede the statutory Act.
39. Thus, the aforesaid discussion substantially answers issue no.(3) and (4) Object 2
40. On a careful reading of the various awards passed by the authority (RC) in exercise of powers under Section 64 of RFCTLARR Act, 2013, it is evident that the provisions of Section 26 have not been taken care of while assessing the market value. Prima-facie, the following errors have been noticed:-
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(1) The exemplar sale deeds relating to the year 2011 have been relied upon which were required to be excluded from consideration in accordance with Explanation-1 of Section 26 (1) of the RFCTLARR Act, 2013.
(2) The RC has failed to multiply the market value calculated as per sub-section (1) by a factor to be specified in the first schedule.
(3) The RC has failed to notice that the amount of solatium is required to be paid on the total compensation assessed by the Court in accordance with Section 26 which would include not only the market value of the acquired land but also the amount calculated after multiplying the market value with the factor in accordance with first schedule of the RFCTLARR Act, 2013 and value of the things attached with the earth or buildings.
41. Keeping in view the aforesaid facts, it is considered appropriate to remit the matter back to the authority/RC to decide the matter afresh after granting an opportunity of hearing to the parties to lead further evidence, if any, prayed for. Let, this judgment be sent to the Central Government with a copy, for convenience, to the Law Commission of India.
42. The parties through their counsels are directed to appear before the Authority/RC, on 20.05.2022.
19th April, 2022 (ANIL KSHETARPAL)
nt JUDGE
Whether reasoned/speaking Yes/No
Whether reportable Yes/No
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60. RFA-8444-2018 GOPI CHAND STATE OF HARYANA & ORS
61. RFA-8449-2018 DHARAMPAL STATE OF HARYANA & ORS
62. RFA-4144-2018 SUMANLATA LAC GURGAON AND OTHERS
63. RFA-3110-2018 RANJEET SINGH STATE OF HARYANA AND ORS
64. RFA-8404-2018 OMBIR AND ORS STATE OF HARYANA AND ORS
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65. RFA-1416-2019 KAMAL SINGH @ KAMAL LAND ACQUISITION COLLECTOR AND
KUMAR AND OTHERS
OTHERS
66. RFA-3709-2018 KANWAR SINGH AND STATE OF HARYANA AND ORS
ORS
67. RFA-4012-2018 MANGE RAM SINCE STATE OF HARYANA AND ORS
DECEASED THROUGH
LRS AND ORS
68. RFA-3112-2018 ANIL KUMAR AND ORS STATE OF HARYANA AND ORS
69. RFA-8445-2018 RAMCHANDER (SINCE STATE OF HARYANA & ORS
DECEASED) THRU HIS
LRS
70. RFA-3114-2018 AMAR SINGH AND ORS STATE OF HARYANA AND ORS
71. RFA-8443-2018 VINOD KUMAR STATE OF HARYANA & ORS
72. RFA-4137-2018 SMT.RAJRANI AND ANR STATE OF HARYANA AND ORS
73. RFA-1524-2019 KIRORI SINGH STATE OF HARYANA AND OTHERS
74. RFA-4042-2018 PARBHA KANDARI STATE OF HARYANA AND ORS
75. RFA-2091-2019 BEENA DEVI AND STATE OF HARYANA AND OTHERS
OTHERS
76. RFA-1415-2019 SMT. RAMRATI AND LAND ACQUISITION COLLECTOR AND
OTHERS
OTHERS
77. RFA-8447-2018 MAINPAL & ANR STATE OF HARYANA & ORS
78. RFA-3115-2018 CHANDER KALA AND STATE OF HARYANA AND ORS
ORS
79. RFA-4011-2018 SHRI CHAND STATE OF HARYANA AND ORS
80. RFA-5225-2018 DAYANAND AND STATE OF HARYANA AND ORS
OTHERS
81. RFA-8442-2018 POONAM DEVI & ORS STATE OF HARYANA & ORS
82. RFA-13571-2018 KAMLESH STATE OF HARYANA AND ORS
83. RFA-1412-2019 URMILA LAND ACQUISITION COLLECTOR AND
OTHERS
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84. RFA-5256-2018 SHEELA STATE OF HARYANA AND ORS
85. RFA-1413-2019 MANOJ DEVI STATE OF HARYANA AND OTHERS
86. RFA-13609-2018 RATI RAM STATE OF HARYANA AND ORS
87. RFA-4010-2018 SANJAY YADAV AND STATE OF HARYANA AND ORS
ORS
88. RFA-897-2021 STATE OF HARYANA YOGESH KUMAR SAINI AND
AND ANOTHER
ANOTHER
89. RFA-999-2021 STATE OF HARYANA SUMAN DEVI AND ANR
AND ANOTHER
90. RFA-896-2021 STATE OF HARYANA SMT. BIMLA DEVI AND ANOTHER
AND ANOTHER
91. RFA-899-2021 STATE OF HARYANA SMT. RAMRATI AND OTHERS
AND ANOTHER
92. RFA-1017-2021 STATE OF HARYANA USHA SHARMA AND ANOTHER
AND ANOTHER
93. RFA-1027-2021 STATE OF HARYANA ANITA YADAV AND ANOTHER
AND ANOTHER
94. RFA-1015-2021 STATE OF HARYANA SANTOSH AND ANR
AND ANOTHER
95. RFA-1019-2021 STATE OF HARYANA POONAM DEVI AND ANOTHER
AND ANOTHER
96. RFA-1023-2021 STATE OF HARYANA MANJU DEVI AND ANOTHER
AND ANOTHER
97. RFA-1022-2021 STATE OF HARYANA MANILA SHARAM @ BHARTI SHARMA
AND ANOTHER
AND ANOTHER
98. RFA-1026-2021 STATE OF HARYANA SUMITRA DEVI AND ANOTHER
AND ANOTHER
99. RFA-1035-2021 BRAHAM PARKASH AND STATE OF HARYANA AND ORS.
ORS.
100. RFA-1036-2021 SHANTI AND ORS. STATE OF HARYANA AND ORS.
101. RFA-1031-2021 STATE OF HARYANA ANITA AND ANOTHER
AND ANOTHER
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102. RFA-1024-2021 STATE OF HARYANA KITABO DEVI AND ANOTHER
AND ANOTHER
103. RFA-1030-2021 STATE OF HARYANA SANTRA DEVI AND ANOTHER
AND ANOTHER
104. RFA-898-2021 STATE OF HARYANA SUMAN DEVI AND ANOTHER
AND ANOTHER
105. RFA-1018-2021 STATE OF HARYANA SARITA DEVI AND ANOTHER
AND ANOTHER
106. RFA-1029-2021 STATE OF HARYANA SUSHILA AND ANOTHER
AND ANOTHER
107. RFA-1021-2021 STATE OF HARYANA MANJU AND ANOTHER
AND ANOTHER
108. RFA-1028-2021 STATE OF HARYANA SUMAN DEVI AND ANOTHER
AND ANOTHER
109. RFA-1016-2021 STATE OF HARYANA MUKESH AND ANOTHER
AND ANOTHER
110. RFA-1020-2021 STATE OF HARYANA OM PARKASH AND OTHERS
AND ANOTHER
111. RFA-1101-2021 RAMRATTI LAND ACQUISITION COLLECTOR AND
ORS
112. RFA-1100-2021 KIROSTA DEVI LAND ACQUISITION COLLECTOR AND
ORS
113. RFA-1025-2021 STATE OF HARYANA GULABO DEVI AND ANOTHER
AND ANOTHER
114. RFA-918-2021 STATE OF HARYANA SILOCHANA AND ANOTHER
AND ANOTHER
115. RFA-939-2021 STATE OF HARYANA JASBIR SINGH AND ANOTHER
AND ANOTHER
116. RFA-942-2021 STATE OF HARYANA SURESH KUMAR AND OTHERS
AND ANOTHER
117. RFA-928-2021 STATE OF HARYANA DHARAMBIR AND ANR
AND ANOTHER
118. RFA-931-2021 STATE OF HARYANA SMT. SEEMA DEVI AND ANOTHER
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AND ANOTHER
119. RFA-935-2021 STATE OF HARYANA USHA DEVI AND ANR
AND ANOTHER
120. RFA-921-2021 STATE OF HARYANA JARAWALI AND ANOTHER
AND ANOTHER
121. RFA-919-2021 STATE OF HARYANA MEENA DEVI AND ANOTHER
AND ANOTHER
122. RFA-940-2021 STATE OF HARYANA GRAM PANCHAYAT KONSIWAS AND
AND ANOTHER
ANR
123. RFA-936-2021 STATE OF HARYANA RAJESH AND ANOTHER
AND ANOTHER
124. RFA-941-2021 STATE OF HARYANA SUNITA DEVI AND ANOTHER
AND ANOTHER
125. RFA-916-2021 STATE OF HARYANA KRISHNA DEVI AND ANR
AND ANOTHER
126. RFA-933-2021 STATE OF HARYANA SH. DEEN DAYAL AND ANR
AND ANOTHER
127. RFA-923-2021 STATE OF HARYANA MAHESH KUMAR AND ANOTHER
AND ANOTHER
128. RFA-934-2021 STATE OF HARYANA SONA DEVI AND ANOTHER
AND ANOTHER
129. RFA-925-2021 STATE OF HARYANA ANITA DEVI AND ANR
AND ANOTHER
130. RFA-405-2021 STATE OF HARYANA PREM SINGH AND ORS
AND ANOTHER
131. RFA-342-2021 STATE OF HARYANA BABU LAL AND ORS
AND ANOTHER
132. RFA-400-2021 STATE OF HARYANA PRITHVI SINGH AND ORS
AND ANOTHER
133. RFA-334-2021 STATE OF HARYANA PARMANAND AND ORS
AND ANOTHER
134. RFA-340-2021 STATE OF HARYANA SMT. MURTI DEVI AND ORS
AND ANOTHER
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135. RFA-410-2021 STATE OF HARYANA ANIL KUMAR AND ORS
AND ANOTHER
136. RFA-399-2021 STATE OF HARYANA KOTU RAM ASHOK KUMAR AND ANR
AND ANOTHER
137. RFA-404-2021 STATE OF HARYANA SHAMSHER SINGH AND ORS
AND ANOTHER
138. RFA-406-2021 STATE OF HARYANA SATYAWAN AND ORS
AND ANOTHER
139. RFA-336-2021 STATE OF HARYANA MUKESH KUMAR AND ORS
AND ANOTHER
140. RFA-341-2021 STATE OF HARYANA CHANDGI RAM AND ORS
AND ANOTHER
141. RFA-339-2021 STATE OF HARYANA SHER SINGH AND ORS
AND ANOTHER
142. RFA-401-2021 STATE OF HARYANA SMT. SHASHI DEVI AND ORS
AND ANOTHER
143. RFA-403-2021 STATE OF HARYANA MAHAVIR AND ORS
AND ANOTHER
144. RFA-409-2021 STATE OF HARYANA AMAR SINGH AND ORS
AND ANOTHER
145. RFA-338-2021 STATE OF HARYANA LAL SINGH AND ANR
AND ANOTHER
146. RFA-335-2021 STATE OF HARYANA VINOD KUMAR AND ORS
AND ANOTHER
147. RFA-337-2021 STATE OF HARYANA ANIRUDH SACHDEVA AND ANR
AND ANOTHER
148. RFA-402-2021 STATE OF HARYANA OMBIR AND ORS
AND ANOTHER
149. RFA-408-2021 STATE OF HARYANA RAMESH ARORA AND ANR
AND ANOTHER
150. RFA-407-2021 STATE OF HARYANA OMBIR AND ORS
AND ANOTHER
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151. RFA-398-2021 STATE OF HARYANA SUBHASH ALIAS RANDHIR AND ORS
AND ANOTHER
152. RFA-3536-2018 PARMANANAD AND STATE OF HARYANA AND ORS
ANOTHER
153. RFA-431-2021 STATE OF HARYANA KISHOR AND OTHERS
AND ANOTHER
154. RFA-3538-2018 RAVINDER AND ORS STATE OF HARYANA AND ORS
155. RFA-2758-2018 BHOM SINGH AND ORS. STATE OF HARYANA AND ORS.
156. RFA-3551-2018 SUMITRA STATE OF HARYANA AND OTHERS
157. RFA-433-2021 STATE OF HARYANA DAULAT RAM AND OTHERS
AND ANOTHER
158. RFA-3552-2018 SMT. SANTRA AND STATE OF HARYANA AND OTHERS
OTHERS
159. RFA-3547-2018 SURESH KUMAR STATE OF HARYANA AND ORS
160. RFA-3540-2018 SUDESH KUMAR AND STATE OF HARYANA AND ORS
ORS
161. RFA-436-2021 STATE OF HARYANA NANDAN SINGH AND OTHERS
AND ANOTHER
162. RFA-3544-2018 OMPARKASH AND ANR STATE OF HARYANA AND ORS
163. RFA-2775-2018 BHAWANI AND ORS. STATE OF HARYANA AND ORS.
164. RFA-2759-2018 SURJA @ SURAJBHAN STATE OF HARYANA AND ORS.
AND ORS.
165. RFA-2757-2018 BHAWANI AND ORS. STATE OF HARYANA AND ORS.
166. RFA-2760-2018 BHAWANI AND ORS. STATE OF HARYANA AND ORS.
167. RFA-2769-2018 CHANDER BHAN STATE OF HARYANA AND ORS.
168. RFA-2772-2018 BHAWANI AND ORS. STATE OF HARYANA AND ORS.
169. RFA-2774-2018 BHOM SINGH AND ORS. STATE OF HARYANA AND ORS.
170. RFA-3543-2018 MANI RAM AND ORS STATE OF HARYANA AND ORS
171. RFA-3550-2018 DEEPAK AND ORS STATE OF HARYANA AND ORS
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172. RFA-3541-2018 CHANDER PARKASH STATE OF HARYANA AND OTHERS
AND OTHERS
173. RFA-3534-2018 SATBIR AND ORS STATE OF HARYANA AND ORS
174. RFA-2770-2018 LAL SINGH AND ORS. STATE OF HARYANA AND ORS.
175. RFA-435-2021 STATE OF HARYANA SURJA ALIAS SURAJBHAN AND
AND ANOTHER
OTHERS
176. RFA-3539-2018 MURTI DEVI AND ORS STATE OF HARYANA AND ORS
177. RFA-2776-2018 VINOD KUMAR STATE OF HARYANA AND ORS.
178. RFA-3537-2018 MAHENDER SINGH AND STATE OF HARYANA AND ORS
ANR
179. RFA-3535-2018 RAMOTAR SINCE STATE OF HARYANA AND ORS
DECEASED THR LRS
AND ORS
180. RFA-3546-2018 CHANDGI RAM AND STATE OF HARYANA AND ORS
ANR
181. RFA-3542-2018 MUKESH KUMAR AND STATE OF HARYANA AND ORS
ORS
182. RFA-2773-2018 LAL SINGH AND ORS. STATE OF HARYANA AND ORS.
183. RFA-3548-2018 CHIRANJI LAL AND STATE OF HARYANA AND OTHERS
OTHERS
184. RFA-2771-2018 SURJA @ SURAJBHAN STATE OF HARYANA AND ORS.
AND ORS.
185. RFA-432-2021 STATE OF HARYANA BHAWANI AND OTHERS
AND ANOTHER
186. RFA-3545-2018 BHRAM PARKASH STATE OF HARYANA AND ORS
SINCE DECEASED THR
LR AND ORS
187. RFA-434-2021 STATE OF HARYANA BHAWANI AND ORS
AND ANOTHER
188. RFA-2756-2018 BHOM SINGH AND ORS. STATE OF HARYANA AND ORS.
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189. RFA-3549-2018 SUNIL KUMAR AND STATE OF HARYANA AND OTHERS
ANOTHER
190. RFA-3840-2018 MAHABIR SINGH STATE OF HARYANA AND ORS.
191. RFA-700-2019 SUMER SINGH AND STATE OF HARYANA AND OTHERS
OTHERS
192. RFA-4238-2018 RAM CHANDER AND STATE OF HARYANA AND ORS
ORS
193. RFA-419-2021 STATE OF HARYANA CHANDER BHAN AND ORS
AND ANOTHER
194. RFA-3182-2018 PAWAN KUMAR AND STATE OF HARYANA AND ORS
ANR
195. RFA-2013-2021 DHARMBIR AND ORS STATE OF HARYANA AND ORS
196. RFA-3179-2018 RANJIT SINGH STATE OF HARYANA AND ORS
197. RFA-1523-2019 LAL SINGH STATE OF HARYANA AND OTHERS
198. RFA-3180-2018 RANJEET SINGH STATE OF HARYANA AND ORS
199. RFA-1289-2019 REKHA HARIT STATE OF HARYANA AND ORS.
200. RFA-4256-2019 GYAN SINGH AND ORS STATE OF HARYANA AND OTHERS
201. RFA-152-2019 BHANU YADAV AND STATE OF HARYANA AND ORS
ORS
202. RFA-3181-2018 CHARAN SINGH AND STATE OF HARYANA AND ORS
ORS
203. RFA-99-2020 M/S VAISHNO STATE OF HARYANA AND OTHERS
DUROBUILD PVT LTD
204. RFA-3183-2018 MAYA AND ANR STATE OF HARYANA AND ORS
205. RFA-2981-2019 SHRI RAM AND ORS STATE OF HARYANA AND ORS
206. RFA-86-2020 RAM KISHAN AND STATE OF HARYANA AND OTHERS
OTHERS
207. RFA-430-2021 STATE OF HARYANA ROHTASH AND ORS
AND ANOTHER
208. RFA-422-2021 STATE OF HARYANA RAM CHANDER AND ORS
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AND ANOTHER
209. RFA-558-2021 STATE OF HARYANA BHRAM PARKASH AND ORS
AND ANOTHER
210. RFA-556-2021 STATE OF HARYANA LAKHMI AND OTHERS
AND ANOTHER
211. RFA-559-2021 STATE OF HARYANA LAXMAN SINGH AND ORS
AND ANOTHER
212. RFA-508-2021 STATE OF HARYANA JAI LAL AND OTHERS
AND ANOTHER
213. RFA-562-2021 STATE OF HARYANA PARMILA AND OTHERS
AND ANOTHER
214. RFA-426-2021 STATE OF HARYANA VIRENDER SINGH AND ORS
AND ANOTHER
215. RFA-555-2021 STATE OF HARYANA AMAR SINGH AND OTHERS
AND ANOTHER
216. RFA-563-2021 STATE OF HARYANA MOHAN AND OTHERS
AND ANOTHER
217. RFA-553-2021 STATE OF HARYANA HARISH AND ANOTHER
AND ANOTHER
218. RFA-428-2021 STATE OF HARYANA CHANDER KALA AND ORS
AND ANOTHER
219. RFA-429-2021 STATE OF HARYANA SUMANTRA AND OTHERS
AND ANOTHER
220. RFA-560-2021 STATE OF HARYANA CHANDER KALA AND ORS
AND ANOTHER
221. RFA-557-2021 STATE OF HARYANA BHOM SINGH AND OTHERS
AND ANOTHER
222. RFA-554-2021 STATE OF HARYANA MANGE RAM AND OTHERS
AND OTHERS
223. RFA-427-2021 STATE OF HARYANA MOHAR SINGH AND OTHERS
AND ANOTHER
224. RFA-424-2021 STATE OF HARYANA SOMDUTT AND ORS
AND ANOTHER
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225. RFA-564-2021 STATE OF HARYANA BHAWANI AND OTHERS
AND ANOTHER
226. RFA-425-2021 STATE OF HARYANA MANGE RAM AND ORS
AND OTHERS
227. RFA-561-2021 STATE OF HARYANA BHAWANI AND OTHERS
AND ANOTHER
228. RFA-507-2021 STATE OF HARYANA SUBE SINGH AND ANOTHER
AND OTHERS
229. RFA-423-2021 STATE OF HARYANA LAKHMI AND ORS
AND ANOTHER
230. RFA-463-2021 STATE OF HARYANA GRAM PANCHAYAT, KALAKA AND
AND ANOTHER
ANOTHER
231. RFA-474-2021 STATE OF HARYANA ROHTASH SINGH AND ANOTHER
AND ANOTHER
232. RFA-483-2021 STATE OF HARYANA ROHTASH SINGH AND ANOTHER
AND ANOTHER
233. RFA-482-2021 STATE OF HARYANA SUMANLATA AND ANOTHER
AND ANOTHER
234. RFA-468-2021 STATE OF HARYANA NIRMLA DEVI AND OTHERS
AND ANOTHER
235. RFA-476-2021 STATE OF HARYANA GRAM PANCHAYAT KALAKA AND
AND ANOTHER
ANOTHER
236. RFA-464-2021 STATE OF HARYANA M/S GAJANAN INFRABUILDING PVT.
AND ANOTHER
LTD. AND ANOTHER
237. RFA-465-2021 STATE OF HARYANA NIRMALA DEVI AND OTHERS
AND ANOTHER
238. RFA-466-2021 STATE OF HARYANA JAGMAL AND OTHERS
AND ANOTHER
239. RFA-477-2021 STATE OF HARYANA ROHTASH SINGH AND ANOTHER
AND ANOTHER
240. RFA-475-2021 STATE OF HARYANA SHRI CHAND AND ANOTHER
AND OTHERS
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241. RFA-467-2021 STATE OF HARYANA SMT. SANTRA DEVI AND ANR
AND ANOTHER
242. RFA-470-2021 STATE OF HARYANA RANBIR SINGH AND ANOTHER
AND ANOTHER
243. RFA-471-2021 STATE OF HARYANA M/S VRINDAVAN DREAMSTATES PVT.
AND ANOTHER
LTD. AND ANOTHER
244. RFA-473-2021 STATE OF HARYANA MANOJ KUMAR AND ANOTHER
AND ANOTHER
245. RFA-506-2021 STATE OF HARYANA PHOOLBAI AND ANOTHER
AND ANOTHER
246. RFA-478-2021 STATE OF HARYANA SOMDUTT AND ANOTHER
AND ANOTHER
247. RFA-480-2021 STATE OF HARYANA SURJA ALIAS SURAJBHAN AND ORS
AND ANOTHER
248. RFA-481-2021 STATE OF HARYANA SHAKUNTLA AND ORS
AND ANOTHER
249. RFA-479-2021 STATE OF HARYANA M/S REED PROMOTERS AND
AND ANOTHER
DEVELOPERS PVT. LTD. AND
ANOTHER
250. RFA-469-2021 STATE OF HARYANA SMT. HANSA DEVI AND ANR
AND ANOTHER
251. RFA-472-2021 STATE OF HARYANA MANI RAM AND OTHERS
AND ANOTHER
252. RFA-957-2021 STATE OF HARYANA JAGBIR AND ANOTHER
AND ANOTHER
253. RFA-971-2021 STATE OF HARYANA GAYANA DEVI AND ANOTHER
AND ANOTHER
254. RFA-967-2021 STATE OF HARYANA DHARMENDER SAINI AND ANR
AND ANOTHER
255. RFA-975-2021 STATE OF HARYANA HARISH AND ANR
AND ANOTHER
256. RFA-961-2021 STATE OF HARYANA RAM KUMAR AND ANOTHER
AND ANOTHER
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257. RFA-970-2021 STATE OF HARYANA ANITA DEVI AND ANOTHER
AND ANOTHER
258. RFA-951-2021 STATE OF HARYANA SMT. BABLI AND ANR
AND ANOTHER
259. RFA-973-2021 STATE OF HARYANA SUNITA DEVI AND ANOTHER
AND ANOTHER
260. RFA-958-2021 STATE OF HARYANA SMT. KIROSTA DEVI AND ANR
AND ANOTHER
261. RFA-976-2021 STATE OF HARYANA BABITA YADAV AND ANOTHER
AND ANOTHER
262. RFA-981-2021 STATE OF HARYANA SUSHILA AND ANR
AND ANOTHER
263. RFA-963-2021 STATE OF HARYANA BALA DEVI AND ANOTHER
AND ANOTHER
264. RFA-974-2021 STATE OF HARYANA KAMLA AND ANOTHER
AND ANOTHER
265. RFA-945-2021 STATE OF HARYANA NAND RAM AND OTHERS
AND ANOTHER
266. RFA-952-2021 STATE OF HARYANA SANTRA DEVI AND ANOTHER
AND ANOTHER
267. RFA-946-2021 STATE OF HARYANA SMT. KAILASH SAINI AND ANOTHER
AND ANOTHER
268. RFA-977-2021 STATE OF HARYANA SMT. KAMLESH AND ANOTHER
AND ANOTHER
269. RFA-960-2021 STATE OF HARYANA SUNITA AND ANR
AND ANOTHER
270. RFA-955-2021 STATE OF HARYANA MANJU AND ANOTHER
AND ANOTHER
271. RFA-947-2021 STATE OF HARYANA SMT. USHA DEVI AND ANOTHER
AND ANOTHER
272. RFA-950-2021 STATE OF HARYANA SUNITA AND ANOTHER
AND ANOTHER
273. RFA-948-2021 STATE OF HARYANA SUDESH YADAV AND ANOTHER
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AND ANOTHER
274. RFA-321-2021 STATE OF HARYANA OM PARKASH AND ORS
AND ANOTHER
275. RFA-326-2021 STATE OF HARYANA MAHABIR SINGH AND ANR
AND ANOTHER
276. RFA-312-2021 STATE OF HARYANA PARBHATI AND ORS
AND ANOTHER
277. RFA-320-2021 STATE OF HARYANA MAHENDER SINGH AND ORS
AND ANOTHER
278. RFA-333-2021 STATE OF HARYANA GYAN SINGH AND ORS
AND ANOTHER
279. RFA-324-2021 STATE OF HARYANA SURESH KUMAR AND ANR
AND ANOTHER
280. RFA-319-2021 STATE OF HARYANA SHEELA AND ANR
AND ANOTHER
281. RFA-314-2021 STATE OF HARYANA VIKRAM AND ORS
AND ANOTHER
282. RFA-325-2021 STATE OF HARYANA SAVITA DEVI AND ANR
AND ANOTHER
283. RFA-327-2021 STATE OF HARYANA KIRORI SINGH AND ORS
AND ANOTHER
284. RFA-315-2021 STATE OF HARYANA LAL SINGH AND ORS
AND ANOTHER
285. RFA-332-2021 STATE OF HARYANA VINOD KUMAR AND ANR
AND ANOTHER
286. RFA-317-2021 STATE OF HARYANA KEHAR SINGH AND ORS
AND ANOTHER
287. RFA-329-2021 STATE OF HARYANA DINESH KUMAR AND ANR
AND ANOTHER
288. RFA-330-2021 STATE OF HARYANA SUDESH KUMAR AND ORS
AND ANOTHER
289. RFA-322-2021 STATE OF HARYANA MOHAR SINGH AND ORS
AND ANOTHER
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290. RFA-313-2021 STATE OF HARYANA KANWAR SINGH AND ORS
AND ANOTHER
291. RFA-323-2021 STATE OF HARYANA SATBIR AND ORS
AND ANOTHER
292. RFA-318-2021 STATE OF HARYANA TARA DEVI AND ORS
AND ANOTHER
293. RFA-331-2021 STATE OF HARYANA RAJ KUMAR AND ORS
AND ANOTHER
294. RFA-310-2021 STATE OF HARYANA BHAGWANA AND ORS
AND ANOTHER
295. RFA-328-2021 STATE OF HARYANA DEEPAK AND ORS
AND ANOTHER
296. RFA-311-2021 STATE OF HARYANA TULA RAM AND ANR
AND ANOTHER
297. RFA-316-2021 STATE OF HARYANA RAMOTAR AND ORS
AND ANOTHER
298. RFA-968-2021 STATE OF HARYANA DHARAMPAL AND ANOTHER
AND ANOTHER
299. RFA-965-2021 STATE OF HARYANA KANWAR SINGH AND OTHERS
AND ANOTHER
300. RFA-922-2021 STATE OF HARYANA MANIPAL AND OTHERS
AND ANOTHER
301. RFA-927-2021 STATE OF HARYANA PINKI DEVI AND ANR
AND ANOTHER
302. RFA-998-2021 STATE OF HARYANA BRAHAM PARKASH AND OTHERS
AND ANOTHER
303. RFA-996-2021 STATE OF HARYANA SMT. MONIKA PUNDEER AND ANR
AND ANOTHER
304. RFA-930-2021 STATE OF HARYANA SMT. DHANPATI AND ANR
AND ANOTHER
305. RFA-979-2021 STATE OF HARYANA KAMLESH AND ANOTHER
AND ANOTHER
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306. RFA-997-2021 STATE OF HARYANA SUMITRA AND ANOTHER
AND ANOTHER
307. RFA-988-2021 STATE OF HARYANA BEENA DEVI AND OTHERS
AND ANOTHER
308. RFA-932-2021 STATE OF HARYANA SMT URMILA DEVI AND ANR
AND ANOTHER
309. RFA-954-2021 STATE OF HARYANA ROOP CHAND AND ORS
AND ANOTHER
310. RFA-985-2021 STATE OF HARYANA SH. SUNIL KUMAR AND OTHERS
AND ANOTHER
311. RFA-956-2021 STATE OF HARYANA RAM CHANDER AND ANR
AND ANOTHER
312. RFA-943-2021 STATE OF HARYANA POONAM DEVI AND OTHERS
AND ANOTHER
313. RFA-920-2021 STATE OF HARYANA PARSHANT AND OTHERS
AND ANOTHER
314. RFA-938-2021 STATE OF HARYANA RATI RAM AND ANR
AND ANOTHER
315. RFA-993-2021 STATE OF HARYANA SMT. SANTRA AND ORS
AND ANOTHER
316. RFA-953-2021 STATE OF HARYANA GOPI CHNAD AND ANR
AND ANOTHER
317. RFA-1008-2021 STATE OF HARYANA MAHENDER SINGH AND ANOTHER
AND ANOTHER
318. RFA-937-2021 STATE OF HARYANA SMT. REKHA HARIT AND ANOTHER
AND OTHERS
319. RFA-949-2021 STATE OF HARYANA KAMAL SINGH AND ORS
AND ANOTHER
320. RFA-986-2021 STATE OF HARYANA M/S VAISHNO DUROBUILD PVT LTD
AND ANOTHER
AND ANOTHER
321. RFA-989-2021 STATE OF HARYANA SMT PRABHA KANDARI AND ANR
AND ANOTHER
322. RFA-978-2021 STATE OF HARYANA SUNITA AND OTHERS
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AND ANOTHER
323. RFA-972-2021 STATE OF HARYANA SMT. RAJRANI AND OTHERS
AND ANOTHER
324. RFA-995-2021 STATE OF HARYANA SMT. KALAWATI DEVI AND ORS
AND ANOTHER
325. RFA-929-2021 STATE OF HARYANA SHANTI AND ORS
AND ANOTHER
326. RFA-959-2021 STATE OF HARYANA RAMEHAR AND ANR
AND ANOTHER
327. RFA-13562-2018 SAVITA DEVI STATE OF HARYANA AND ORS
328. RFA-966-2021 STATE OF HARYANA VINOD KUMAR AND ANOTHER
AND ANOTHER
329. RFA-926-2021 STATE OF HARYANA SUMER SINGH AND ORS
AND ANOTHER
330. RFA-980-2021 STATE OF HARYANA BHANU YADAV AND OTHERS
AND ANOTHER
331. RFA-962-2021 STATE OF HARYANA SARITA DEVI AND ANOTHER
AND ANOTHER
332. RFA-924-2021 STATE OF HARYANA VIKAS AND ANR
AND ANOTHER
333. RFA-944-2021 STATE OF HARYANA MANOJ DEVI AND ANR
AND ANOTHER
334. RFA-969-2021 STATE OF HARYANA CHANDER PARKASH AND OTHERS
AND ANOTHER
335. RFA-964-2021 STATE OF HARYANA CHIRANJI LAL AND ORS
AND ANOTHER
336. RFA-917-2021 STATE OF HARYANA JYOTI AND ANOTHER
AND ANOTHER
337. RFA-462-2021 STATE OF HARYANA OM PARKASH AND ORS
AND ANOTHER
338. RFA-457-2021 STATE OF HARYANA DAYA NAND AND ORS
AND ANOTHER
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339. RFA-449-2021 STATE OF HARYANA VIRENDER SINGH AND ORS
AND ANOTHER
340. RFA-412-2021 STATE OF HARYANA SMT. MAYA AND ORS
AND ANOTHER
341. RFA-414-2021 STATE OF HARYANA BHOM SINGH AND ORS
AND ANOTHER
342. RFA-461-2021 STATE OF HARYANA RAKESH AND OTHERS
AND ANOTHER
343. RFA-454-2021 STATE OF HARYANA RAM KISHAN AND ORS
AND ANOTHER
344. RFA-458-2021 STATE OF HARYANA SANJAY YADAV AND OTHERS
AND OTHERS
345. RFA-416-2021 STATE OF HARYANA PRITHVI SINGH AND ORS
AND ANOTHER
346. RFA-452-2021 STATE OF HARYANA LAL SINGH AND ORS
AND ANOTHER
347. RFA-413-2021 STATE OF HARYANA PAWAN KUMAR AND ORS
AND ANOTHER
348. RFA-411-2021 STATE OF HARYANA CHANDER BHAN AND ANR
AND ANOTHER
349. RFA-459-2021 STATE OF HARYANA LAKHMI AND OTHERS
AND ANOTHER
350. RFA-450-2021 STATE OF HARYANA DHARAMBIR AND ORS
AND OTHERS
351. RFA-447-2021 STATE OF HARYANA BHOM SINGH AND ORS
AND ANOTHER
352. RFA-460-2021 STATE OF HARYANA RAGHU YADAV AND ORS
AND ANOTHER
353. RFA-455-2021 STATE OF HARYANA RAVINDER AND ORS
AND ANOTHER
354. RFA-446-2021 STATE OF HARYANA BHAGWANA AND ORS
AND ANOTHER
355. RFA-415-2021 STATE OF HARYANA SURENDER KUMAR AND ORS
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AND ANOTHER
356. RFA-456-2021 STATE OF HARYANA CHARAN SINGH AND OTHERS
AND ANOTHER
357. RFA-451-2021 STATE OF HARYANA ANIL KUMAR AND ORS
AND ANOTHER
358. RFA-453-2021 STATE OF HARYANA SHRI RAM AND ORS
AND ANOTHER
359. RFA-448-2021 STATE OF HARYANA MEHAR CHAND AND ORS
AND ANOTHER
360. RFA-1000-2021 STATE OF HARYANA SURESH AND ANR
AND ANOTHER
361. RFA-1003-2021 STATE OF HARYANA RADHA DEVI AND ANOTHER
AND ANOTHER
362. RFA-990-2021 STATE OF HARYANA SMT. SAROJ AND ANOTHER
AND ANOTHER
363. RFA-1013-2021 STATE OF HARYANA USHA DEVI AND ANOTHER
AND ANOTHER
364. RFA-1009-2021 STATE OF HARYANA NARESH KUMAR AND ANOTHER
AND ANOTHER
365. RFA-1001-2021 STATE OF HARYANA ANITA AND ANR
AND ANOTHER
366. RFA-994-2021 STATE OF HARYANA RAMRATTI AND ANOTHER
AND ANR
367. RFA-983-2021 STATE OF HARYANA SURTA DEVI AND ANR
AND ANOTHER
368. RFA-984-2021 STATE OF HARYANA DEVENDER KUMAR AND ANOTHER
AND ANOTHER
369. RFA-1006-2021 STATE OF HARYANA PINKY DEVI AND OTHERS
AND ANOTHER
370. RFA-992-2021 STATE OF HARYANA SUNITA AND ANOTHER
AND ANOTHER
371. RFA-1012-2021 STATE OF HARYANA REENA AND ANOTHER
AND ANOTHER
372. RFA-987-2021 STATE OF HARYANA SATENDER AND ANOTHER
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AND ANOTHER
373. RFA-1014-2021 STATE OF HARYANA MANISHA DEVI AND ANOTHER
AND ANOTHER
374. RFA-982-2021 STATE OF HARYANA SMT. KAUSHALYA DEVI AND
AND ANOTHER
ANOTHER
375. RFA-1002-2021 STATE OF HARYANA SMT. POONAM YADAV AND ORS
AND OTHERS
376. RFA-1011-2021 STATE OF HARYANA BALA DEVI AND ANOTHER
AND ANOTHER
377. RFA-1005-2021 STATE OF HARYANA MUNESH AND ANOTHER
AND ANOTHER
378. RFA-1004-2021 STATE OF HARYANA BABLI AND ANR
AND ANOTHER
379. RFA-1010-2021 STATE OF HARYANA RAMESH CHANDER AND ANOTHER
AND ANOTHER
380. RFA-991-2021 STATE OF HARYANA SHAKUNTLA AND ANOTHER
AND ANOTHER
381. RFA-1007-2021 STATE OF HARYANA RAKESH DEVI AND ANOTHER
AND ANOTHER
(ANIL KSHETARPAL)
JUDGE
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