Punjab-Haryana High Court
State Of Haryana And Another vs Mithu Singh And Others on 27 April, 2009
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 1867 of 2007 [1]
In the High Court of Punjab & Haryana at Chandigarh
Date of decision: 27.4.2009
1. R.F.A. No. 1867 of 2007 (O&M)
State of Haryana and another .. Appellants
vs
Mithu Singh and others .. Respondents
2. R.F.A. No. 1877 of 2007 (O&M) State of Haryana and another .. Appellants vs Nachhattar Singh .. Respondent
3. R.F.A. No. 1878 of 2007 (O&M) State of Haryana and others .. Appellants vs Nachhattar Singh and others .. Respondents
4. R.F.A. No. 1879 of 2007 (O&M) State of Haryana and another .. Appellants vs Sadhu Singh and others .. Respondents
5. R.F.A. No. 1880 of 2007 (O&M) State of Haryana and another .. Appellants vs Malkiat Singh and another .. Respondents
6. R.F.A. No. 1881 of 2007 (O&M) State of Haryana and another .. Appellants vs Mahinder Singh and others .. Respondents
7. R.F.A. No. 1882 of 2007 (O&M) State of Haryana and another .. Appellants vs Smt. Harpal Kaur .. Respondent
8. R.F.A. No. 1883 of 2007 (O&M) State of Haryana and another .. Appellants vs Baghera Singh and others .. Respondents
9. R.F.A. No. 1884 of 2007 (O&M) State of Haryana and another .. Appellants vs Jagtar Singh and others .. Respondents RFA No. 1867 of 2007 [2] 10 R.F.A. No. 1885 of 2007 (O&M) State of Haryana and another .. Appellants vs Sarvan Singh and others .. Respondents
11. R.F.A. No. 1886 of 2007 (O&M) State of Haryana and others .. Appellants vs Mithu Singh and others .. Respondents
12. R.F.A. No. 1887 of 2007 (O&M) State of Haryana and another .. Appellants vs Gurbachan Singh and others .. Respondents
13. R.F.A. No. 1888 of 2007 (O&M) State of Haryana and another .. Appellants vs Ranjit Singh and another .. Respondents 14 R.F.A. No. 1923 of 2007 (O&M) State of Haryana and others .. Appellants vs Mohinder Singh and others .. Respondents
15. R.F.A. No. 1924 of 2007 (O&M) State of Haryana and another .. Appellants vs Amar Singh .. Respondent
16. R.F.A. No. 1925 of 2007 (O&M) State of Haryana and others .. Appellants vs Sukhdev Singh and another .. Respondents
17. R.F.A. No. 1926 of 2007 (O&M) State of Haryana and others .. Appellants vs Budh Singh and others .. Respondents
18. R.F.A. No. 1927 of 2007 (O&M) State of Haryana and others .. Appellants vs Karnail Singh and others .. Respondents RFA No. 1867 of 2007 [3] 19 R.F.A. No. 1928 of 2007 (O&M) State of Haryana and others .. Appellants vs Jasveer Singh and others .. Respondents
20. R.F.A. No. 1929 of 2007 (O&M) State of Haryana and others .. Appellants vs Bhaga Ram and others .. Respondents
21. R.F.A. No. 1930 of 2007 (O&M) State of Haryana and another .. Appellants vs Smt. Naresh Kumari and others .. Respondents
22. R.F.A. No. 1931 of 2007 (O&M) State of Haryana and others .. Appellants vs Sher Singh and others .. Respondents
23. R.F.A. No. 1932 of 2007 (O&M) State of Haryana and others .. Appellants vs Amrit Pal Kaur and others .. Respondents
24. R.F.A. No. 1933 of 2007 (O&M) State of Haryana and another .. Appellants vs Mangal Singh .. Respondent
25. R.F.A. No. 1934 of 2007 (O&M) State of Haryana and another .. Appellants vs Baj Singh and another .. Respondents
26. R.F.A. No. 1935 of 2007 (O&M) State of Haryana and others .. Appellants vs Jaswant Singh and others .. Respondents
27. R.F.A. No. 1936 of 2007 (O&M) State of Haryana and others .. Appellants vs Surjit Singh and others .. Respondents RFA No. 1867 of 2007 [4]
28. R.F.A. No. 1937 of 2007 (O&M) State of Haryana and others .. Appellants vs Gurvinder Singh and others .. Respondents
29. R.F.A. No. 1938 of 2007 (O&M) State of Haryana and another .. Appellants vs Dharmender Singh .. Respondent
30. R.F.A. No. 1939 of 2007 (O&M) State of Haryana and others .. Appellants vs Ghukar Singh and others .. Respondents
31. R.F.A. No. 1940 of 2007 (O&M) State of Haryana and others .. Appellants vs Gain Singh and others .. Respondents
32. R.F.A. No. 1941 of 2007 (O&M) State of Haryana and another .. Appellants vs Narender Singh and others .. Respondents
33. R.F.A. No. 1942 of 2007 (O&M) State of Haryana and another .. Appellants vs Gurvinder Singh and another .. Respondents
34. R.F.A. No. 1943 of 2007 (O&M) State of Haryana and another .. Appellants vs Lekh Singh and others ..Respondents
35. R.F.A. No. 1945 of 2007 (O&M) State of Haryana and another .. Appellants vs Mehar Singh and another .. Respondents
36. R.F.A. No. 1946 of 2007 (O&M) State of Haryana and another .. Appellants vs Darbar Singh and others .. Respondents RFA No. 1867 of 2007 [5]
37. R.F.A. No. 1947 of 2007 (O&M) State of Haryana and another .. Appellants vs Jagir Singh and others .. Respondents
38. R.F.A. No. 1948 of 2007 (O&M) State of Haryana and another .. Appellants vs Bela Singh .. Respondent
39. R.F.A. No. 1949 of 2007 (O&M) State of Haryana and another .. Appellants vs Vivek Kumar and another .. Respondents
40. R.F.A. No. 1950 of 2007 (O&M) State of Haryana and another .. Appellants vs Mangal Singh and others .. Respondents
41. R.F.A. No. 1951 of 2007 (O&M) State of Haryana and others .. Appellants vs Satnam Chand and another .. Respondents
42. R.F.A. No. 1952 of 2007 (O&M) State of Haryana and others .. Appellants vs Sohan Singh and others .. Respondents
43. R.F.A. No. 1953 of 2007 (O&M) State of Haryana and another .. Appellants vs Kulwant Singh .. Respondent
44. R.F.A. No. 1954 of 2007 (O&M) State of Haryana and another .. Appellants vs Devinder Singh .. Respondent
45. R.F.A. No. 1955 of 2007 (O&M) State of Haryana and others .. Appellants vs Niranjan Singh .. Respondent RFA No. 1867 of 2007 [6]
46. R.F.A. No. 1956 of 2007 (O&M) State of Haryana and others .. Appellants vs Kulwant Singh and another .. Respondents
47. R.F.A. No. 1991 of 2007 (O&M) State of Haryana and another .. Appellants vs Jagroop Singh and others .. Respondents
48. R.F.A. No. 1992 of 2007 (O&M) State of Haryana and another .. Appellants vs Mithu Singh .. Respondent
49. R.F.A. No. 1994 of 2007 (O&M) State of Haryana and others .. Appellants vs Gurdev Singh and others .. Respondents
50. R.F.A. No. 1995 of 2007 (O&M) State of Haryana and others .. Appellants vs Pritam Singh and others .. Respondents
51. R.F.A. No. 1996 of 2007 (O&M) State of Haryana and others .. Appellants vs Bhagwan Singh and others .. Respondents
52. R.F.A. No. 1997 of 2007 (O&M) State of Haryana and another .. Appellants vs Bela Singh and another .. Respondents
53. R.F.A. No. 2067 of 2007 (O&M) Mehar Singh and another .. Appellants vs State of Haryana and another .. Respondents
54. R.F.A. No. 2068 of 2007 (O&M) Lekh Singh and others .. Appellants vs State of Haryana and another .. Respondents RFA No. 1867 of 2007 [7]
55. R.F.A. No. 2069 of 2007 (O&M) Dharmender Singh .. Appellant vs State of Haryana and another .. Respondents
56. R.F.A. No. 2070 of 2007 (O&M) Amar Singh .. Appellant vs State of Haryana and another .. Respondents
57. R.F.A. No. 2071 of 2007 (O&M) Devinder Singh .. Appellant vs State of Haryana and another .. Respondents
58. R.F.A. No. 2072 of 2007 (O&M) Bela Singh .. Appellant vs State of Haryana and another .. Respondents
59. R.F.A. No. 2073 of 2007 (O&M) Darbar Singh and others .. Appellants vs State of Haryana and another .. Respondents
60. R.F.A. No. 2074 of 2007 (O&M) Bela Singh and another .. Appellants vs State of Haryana and another .. Respondents
61. R.F.A. No. 2075 of 2007 (O&M) Jagir Singh and another .. Appellants vs State of Haryana and another .. Respondents
62. R.F.A. No. 2370 of 2007 (O&M) Mangal Singh .. Appellant vs State of Haryana and another .. Respondents
63. R.F.A. No. 2371 of 2007 (O&M) Mangal Singh and others .. Appellants vs State of Haryana and another .. Respondents RFA No. 1867 of 2007 [8]
64. R.F.A. No. 3057 of 2007 (O&M) Narender Singh and others .. Appellants vs State of Haryana and another .. Respondents
65. R.F.A. No. 3182 of 2007 (O&M) Kulwant Singh .. Appellant vs State of Haryana and another .. Respondents
66. R.F.A. No. 3186 of 2007 (O&M) Jaswant Singh and others .. Appellants vs State of Haryana and others .. Respondents
67. R.F.A. No. 3195 of 2007 (O&M) Smt. Amrit Pal Kaur and others .. Appellants vs The State of Haryana and others .. Respondents
68. R.F.A. No. 3196 of 2007 (O&M) Gurvinder Singh and another .. Appellants vs The State of Haryana and others .. Respondents
69. R.F.A. No. 3197 of 2007 (O&M) Sukhdev Singh and another .. Appellants vs The State of Haryana and others .. Respondents
70. R.F.A. No. 3198 of 2007 (O&M) Gurvinder Singh and another .. Appellants vs The State of Haryana and others .. Respondents
71. R.F.A. No. 3199 of 2007 (O&M) Baldev Singh .. Appellant vs The State of Haryana and others .. Respondents
72. R.F.A. No. 3200 of 2007 (O&M) Bhagwan Singh and others .. Appellants vs The State of Haryana and others .. Respondents RFA No. 1867 of 2007 [9]
73. R.F.A. No. 3201 of 2007 (O&M) Smt. Naresh Kumari and others .. Appellants vs The State of Haryana and another .. Respondents
74. R.F.A. No. 3569 of 2007 (O&M) Nachhattar Singh .. Appellant vs State of Haryana and another .. Respondents
75. R.F.A. No. 3570 of 2007 (O&M) Jagroop Singh and others .. Appellants vs State of Haryana and others .. Respondents
76. R.F.A. No. 3571 of 2007 (O&M) Jaswant Singh .. Appellant vs State of Haryana and others .. Respondents
77. R.F.A. No. 3572 of 2007 (O&M) Binder Singh and another .. Appellants vs State of Haryana and others .. Respondents
78. R.F.A. No. 3573 of 2007 (O&M) Harpal Kaur .. Appellant vs State of Haryana and another .. Respondents
79. R.F.A. No. 3574 of 2007 (O&M) Ranjit Singh and another .. Appellants vs State of Haryana and another .. Respondents
80. R.F.A. No. 3575 of 2007 (O&M) Malkiat Singh and another .. Appellants vs State of Haryana and another .. Respondents
81. R.F.A. No. 3576 of 2007 (O&M) Mithu Singh and others .. Appellants vs State of Haryana and others .. Respondents RFA No. 1867 of 2007 [10]
82. R.F.A. No. 4520 of 2007 (O&M) Darshan Singh .. Appellant vs State of Haryana and others .. Respondents
83. R.F.A. No. 363 of 2008 (O&M) Har Kishan Lal and others .. Appellants vs State of Haryana and another .. Respondents
84. R.F.A. No. 412 of 2008 (O&M) Neki Ram and others .. Appellants vs State of Haryana and others .. Respondents
85. R.F.A. No. 413 of 2008 (O&M) Mahinder Singh and others .. Appellants vs State of Haryana and another .. Respondents
86. R.F.A. No. 418 of 2008 (O&M) Lekh Raj alias Lekh Ram and others .. Appellants vs State of Haryana and another .. Respondents
87. R.F.A. No. 419 of 2008 (O&M) Fakir Chand and others .. Appellants vs State of Haryana and another .. Respondents
88. R.F.A. No. 420 of 2008 (O&M) Smt. Gindori Devi and others .. Appellants vs State of Haryana and another .. Respondents
89. R.F.A. No. 423 of 2008 (O&M) Devi Lal Gupta and others .. Appellants vs State of Haryana and another .. Respondents
90. R.F.A. No. 424 of 2008 (O&M) Devi Lal and others .. Appellants vs State of Haryana and others .. Respondents RFA No. 1867 of 2007 [11]
91. R.F.A. No. 425 of 2008 (O&M) Bhanwar Singh .. Appellant vs State of Haryana and another .. Respondents
92. R.F.A. No. 426 of 2008 (O&M) Inder Singh .. Appellant vs State of Haryana and another .. Respondents
93. R.F.A. No. 427 of 2008 (O&M) Chandu and others .. Appellants vs State of Haryana and another .. Respondents
94. R.F.A. No. 428 of 2008 (O&M) Moman Ram and others .. Appellants vs State of Haryana and another .. Respondents
95. R.F.A. No. 429 of 2008 (O&M) Nanak Ram and others .. Appellants vs State of Haryana and another .. Respondents
96. R.F.A. No. 438 of 2008 (O&M) Moman and others .. Appellants vs State of Haryana and another .. Respondents
97. R.F.A. No. 439 of 2008 (O&M) Lachhman .. Appellant vs State of Haryana and another .. Respondents
98. R.F.A. No. 530 of 2008 (O&M) Ashish and others .. Appellants vs State of Haryana and another .. Respondents
99. R.F.A. No. 637 of 2008 (O&M) State of Haryana and others .. Appellants vs Nawab Singh and others .. Respondents RFA No. 1867 of 2007 [12]
100. R.F.A. No. 639 of 2008 (O&M) State of Haryana and others .. Appellants vs Ajit Singh and others .. Respondents
101. R.F.A. No. 642 of 2008 (O&M) State of Haryana and others .. Appellants vs Khazan Ram and others .. Respondents
102. R.F.A. No. 644 of 2008 (O&M) State of Haryana and others .. Appellants vs Avtar Singh and others .. Respondents
103. R.F.A. No. 647 of 2008 (O&M) State of Haryana and another .. Appellants vs Guranditta .. Respondent
104. R.F.A. No. 651 of 2008 (O&M) State of Haryana and others .. Appellants vs Kala Singh and others .. Respondents
105. R.F.A. No. 652 of 2008 (O&M) State of Haryana and others .. Appellants vs Joginder Singh and others .. Respondents
106. R.F.A. No. 654 of 2008 (O&M) State of Haryana and others .. Appellants vs Malak Singh and another .. Respondents
107. R.F.A. No. 721 of 2008 (O&M) Harpat .. Appellant vs State of Haryana .. Respondent
108. R.F.A. No. 722 of 2008 (O&M) Surjeet and others .. Appellants vs State of Haryana .. Respondent RFA No. 1867 of 2007 [13]
109. R.F.A. No. 723 of 2008 (O&M) Mangu Singh and another .. Appellants vs State of Haryana and another .. Respondents
110. R.F.A. No. 724 of 2008 (O&M) Chajju Singh and others .. Appellants vs State of Haryana and another .. Respondents
111. R.F.A. No. 725 of 2008 (O&M) Chajju Singh and others .. Appellants vs State of Haryana and another .. Respondents
112. R.F.A. No. 811 of 2008 (O&M) Mahabir and others .. Appellants vs State of Haryana and another .. Respondents
113. R.F.A. No. 858 of 2008 (O&M) Bhiwa Ram alias Bhim Singh and others .. Appellants vs State of Haryana and another .. Respondents
114. R.F.A. No. 864 of 2008 (O&M) Dalip .. Appellant vs State of Haryana and others .. Respondents
115. R.F.A. No. 865 of 2008 (O&M) Khem Chand .. Appellant vs State of Haryana and another .. Respondents
116. R.F.A. No. 867 of 2008 (O&M) Sohna Ram .. Appellant vs State of Haryana and others .. Respondents
117. R.F.A. No. 970 of 2008 (O&M) Khazan Ram and others .. Appellants vs State of Haryana and others .. Respondents RFA No. 1867 of 2007 [14]
118. R.F.A. No. 1221 of 2008 (O&M) State of Haryana and another .. Appellants vs Har Kishan Lal and others .. Respondents
119. R.F.A. No. 1224 of 2008 (O&M) State of Haryana and another .. Appellants vs Mahabir and others .. Respondents
120. R.F.A. No. 1225 of 2008 (O&M) State of Haryana and another .. Appellants vs Santokh Singh .. Respondent
121. R.F.A. No. 1226 of 2008 (O&M) State of Haryana and another .. Appellants vs Nathu Ram .. Respondent
122. R.F.A. No. 1227 of 2008 (O&M) State of Haryana and another .. Appellants vs Narsi and others .. Respondents
123. R.F.A. No. 1228 of 2008 (O&M) State of Haryana and another .. Appellants vs Devi Lal and others .. Respondents
124. R.F.A. No. 1230 of 2008 (O&M) State of Haryana and another .. Appellants vs Surja Ram .. Respondent
125. R.F.A. No. 1231 of 2008 (O&M) State of Haryana and another .. Appellants vs Charan Singh .. Respondent
126. R.F.A. No. 1232 of 2008 (O&M) State of Haryana .. Appellant vs Ganesha and others .. Respondents RFA No. 1867 of 2007 [15]
127. R.F.A. No. 1234 of 2008 (O&M) State of Haryana and another .. Appellants vs Teja Ram and another .. Respondents
128. R.F.A. No. 1235 of 2008 (O&M) State of Haryana and another .. Appellants vs Bhiwa Ram alias Bhim Singh and others .. Respondents
129. R.F.A. No. 1236 of 2008 (O&M) State of Haryana and another .. Appellants vs Chajju Singh and others .. Respondents
130. R.F.A. No. 1237 of 2008 (O&M) State of Haryana and others .. Appellants vs Hari Singh .. Respondent
131. R.F.A. No. 1238 of 2008 (O&M) State of Haryana and another .. Appellants vs Devi Lal Gupta and others .. Respondents
132. R.F.A. No. 1239 of 2008 (O&M) State of Haryana and another .. Appellants vs Chajju Singh and others .. Respondents
133. R.F.A. No. 1240 of 2008 (O&M) State of Haryana and another .. Appellants vs Rajinder and others .. Respondents
134. R.F.A. No. 1290 of 2008 (O&M) State of Haryana and another .. Appellants vs Ram Kumar and others .. Respondents
135. R.F.A. No. 1291 of 2008 (O&M) State of Haryana and another .. Appellants vs Vikram and others .. Respondents RFA No. 1867 of 2007 [16]
136. R.F.A. No. 1292 of 2008 (O&M) State of Haryana and another .. Appellants vs Chandu and others .. Respondents
137. R.F.A. No. 1297 of 2008 (O&M) State of Haryana and another .. Appellants vs Bhanwar Singh .. Respondent
138. R.F.A. No. 1298 of 2008 (O&M) State of Haryana and another .. Appellants vs Nanak Ram and others .. Respondents
139. R.F.A. No. 1305 of 2008 (O&M) State of Haryana and another .. Appellants vs Ram Nath .. Respondent
140. R.F.A. No. 1306 of 2008 (O&M) State of Haryana .. Appellant vs Surjeet and others .. Respondents
141. R.F.A. No. 1308 of 2008 (O&M) State of Haryana .. Appellant vs Harpat .. Respondent
142. R.F.A. No. 1309 of 2008 (O&M) State of Haryana .. Appellant vs Raja and others .. Respondents
143. R.F.A. No. 1311 of 2008 (O&M) State of Haryana and another .. Appellants vs Inder Singh .. Respondent
144. R.F.A. No. 1314 of 2008 (O&M) State of Haryana and another .. Appellants vs Nachhatter Singh and others .. Respondents RFA No. 1867 of 2007 [17]
145. R.F.A. No. 1317 of 2008 (O&M) State of Haryana and another .. Appellants vs Chajju Ram and others .. Respondents
146. R.F.A. No. 1319 of 2008 (O&M) State of Haryana and another .. Appellants vs Neki Ram and others .. Respondents
147. R.F.A. No. 1321 of 2008 (O&M) State of Haryana and another .. Appellants vs Dharam Pal .. Respondent
148. R.F.A. No. 1338 of 2008 (O&M) State of Haryana and another .. Appellants vs Fakir Chand and others .. Respondents
149. R.F.A. No. 1339 of 2008 (O&M) State of Haryana and another .. Appellants vs Hazari and others .. Respondents
150. R.F.A. No. 1340 of 2008 (O&M) State of Haryana and another .. Appellants vs Mahinder Singh and others .. Respondents
151. R.F.A. No. 1341 of 2008 (O&M) State of Haryana and another .. Appellants vs Lekh Raj and others .. Respondents
152. R.F.A. No. 1344 of 2008 (O&M) State of Haryana and another .. Appellants vs Neki Ram and others .. Respondents
153. R.F.A. No. 1345 of 2008 (O&M) State of Haryana and others .. Appellants vs Dalip .. Respondent RFA No. 1867 of 2007 [18]
154. R.F.A. No. 1351 of 2008 (O&M) State of Haryana and another .. Appellants vs Mangu Singh and another .. Respondents
155. R.F.A. No. 1353 of 2008 (O&M) State of Haryana and another .. Appellants vs Sugni Devi and others .. Respondents
156. R.F.A. No. 1354 of 2008 (O&M) State of Haryana and another .. Appellants vs Het Ram and another .. Respondents
157. R.F.A. No. 1357 of 2008 (O&M) State of Haryana and others .. Appellants vs Harbhajan Lal .. Respondent
158. R.F.A. No. 1402 of 2008 (O&M) Hari Singh .. Appellant vs State of Haryana and others .. Respondents
159. R.F.A. No. 1404 of 2008 (O&M) Mansukh and others .. Appellants vs State of Haryana and others .. Respondents
160. R.F.A. No. 1407 of 2008 (O&M) Bir Singh and another .. Appellants vs State of Haryana and another .. Respondents
161. R.F.A. No. 1408 of 2008 (O&M) Teja Ram and another .. Appellants vs State of Haryana and another .. Respondents
162. R.F.A. No. 1409 of 2008 (O&M) Shanker Lal .. Appellants vs State of Haryana and others .. Respondents RFA No. 1867 of 2007 [19]
163. R.F.A. No. 1410 of 2008 (O&M) Ganesha and others .. Appellants vs State of Haryana .. Respondent
164. R.F.A. No. 1412 of 2008 (O&M) Jagvinder Singh and another .. Appellants vs State of Haryana and others .. Respondents
165. R.F.A. No. 1414 of 2008 (O&M) State of Haryana and another .. Appellants vs Beg Raj and others .. Respondents
166. R.F.A. No. 1422 of 2008 (O&M) State of Haryana and others .. Appellants vs Mansukh and others .. Respondents
167. R.F.A. No. 1433 of 2008 (O&M) Charan Singh .. Appellant vs State of Haryana and another .. Respondents
168. R.F.A. No. 1450 of 2008 (O&M) Gurcharan Singh .. Appellant vs State of Haryana and another .. Respondents
169. R.F.A. No. 1451 of 2008 (O&M) Kuldeep Singh .. Appellant vs State of Haryana and another .. Respondents
170. R.F.A. No. 1454 of 2008 (O&M) Smt. Bhateri and others .. Appellants vs State of Haryana and another .. Respondents
171. R.F.A. No. 1455 of 2008 (O&M) Beg Raj and others .. Appellants vs State of Haryana and another .. Respondents RFA No. 1867 of 2007 [20]
172. R.F.A. No. 1456 of 2008 (O&M) Chajju Ram and others .. Appellants vs State of Haryana and another .. Respondents
173. R.F.A. No. 1457 of 2008 (O&M) Ram Kumar and others .. Appellants vs State of Haryana and another .. Respondents
174. R.F.A. No. 1470 of 2008 (O&M) State of Haryana and another .. Appellants vs Moman Ram and others .. Respondents
175. R.F.A. No. 1471 of 2008 (O&M) State of Haryana and another .. Appellants vs Smt. Gindori Devi and others .. Respondents
176. R.F.A. No. 1473 of 2008 (O&M) State of Haryana and another .. Appellants vs Daya Ram and others .. Respondents
177. R.F.A. No. 1474 of 2008 (O&M) State of Haryana .. Appellant vs Raja Ram .. Respondent
178. R.F.A. No. 1475 of 2008 (O&M) State of Haryana and another .. Appellants vs Lachhman .. Respondent
179. R.F.A. No. 1476 of 2008 (O&M) State of Haryana and another .. Appellants vs Moman and others .. Respondents
180. R.F.A. No. 1477 of 2008 (O&M) State of Haryana and others .. Appellants vs Jagvinder Singh and another .. Respondents RFA No. 1867 of 2007 [21]
181. R.F.A. No. 1478 of 2008 (O&M) State of Haryana and another .. Appellants vs Sohna Ram and others .. Respondents
182. R.F.A. No. 1480 of 2008 (O&M) State of Haryana and another .. Appellants vs Anil Kumar and others .. Respondents
183. R.F.A. No. 1482 of 2008 (O&M) State of Haryana and another .. Appellants vs Shankar Lal and others .. Respondents
184. R.F.A. No. 1484 of 2008 (O&M) State of Haryana and another .. Appellants vs Khem Chand .. Respondent
185. R.F.A. No. 1542 of 2008 (O&M) State of Haryana and others .. Appellants vs Mangat Ram .. Respondent
186. R.F.A. No. 1547 of 2008 (O&M) Vikram and others .. Appellants vs State of Haryana and another .. Respondents
187. R.F.A. No. 1548 of 2008 (O&M) Het Ram and another .. Appellants vs State of Haryana and another .. Respondents
188. R.F.A. No. 1549 of 2008 (O&M) Ram Nath .. Appellant vs State of Haryana and another .. Respondents
189. R.F.A. No. 1550 of 2008 (O&M) Daya Ram and others .. Appellants vs State of Haryana and another .. Respondents RFA No. 1867 of 2007 [22]
190. R.F.A. No. 1551 of 2008 (O&M) Harpat and others .. Appellants vs State of Haryana and another .. Respondents
191. R.F.A. No. 1736 of 2008 (O&M) Raja .. Appellant vs State of Haryana and others .. Respondents
192. R.F.A. No. 1737 of 2008 (O&M) Raja Ram .. Appellant vs State of Haryana .. Respondent
193. R.F.A. No. 1768 of 2008 (O&M) State of Haryana and another .. Appellants vs Bir Singh and another .. Respondents
194. R.F.A. No. 1811 of 2008 (O&M) Nachhatter Singh and others .. Appellants vs State of Haryana and another .. Respondents
195. R.F.A. No. 1921 of 2008 (O&M) Rajinder and others .. Appellants vs State of Haryana and another .. Respondents
196. R.F.A. No. 2622 of 2008 (O&M) Dharam Pal .. Appellant vs State of Haryana and another .. Respondents
197. R.F.A. No. 2623 of 2008 (O&M) Surja Ram .. Appellant vs State of Haryana and another .. Respondents
198. R.F.A. No. 2624 of 2008 (O&M) Sugni Devi and others .. Appellants vs State of Haryana and another .. Respondents RFA No. 1867 of 2007 [23]
199. R.F.A. No. 2625 of 2008 (O&M) Ram Kumar .. Appellant vs State of Haryana and another .. Respondents
200. R.F.A. No. 2626 of 2008 (O&M) Narsi and others .. Appellants vs State of Haryana and another .. Respondents
201. R.F.A. No. 2627 of 2008 (O&M) Nathu Ram .. Appellant vs State of Haryana and another .. Respondents
202. R.F.A. No. 2628 of 2008 (O&M) Anil Kumar Major and others .. Appellants vs State of Haryana and another .. Respondents
203. R.F.A. No. 2821 of 2008 (O&M) Harbhajan Lal .. Appellant vs State of Haryana and others .. Respondents
204. R.F.A. No. 3340 of 2008 (O&M) Ajit Singh and others .. Appellants vs State of Haryana and others .. Respondents
205. R.F.A. No. 3341 of 2008 (O&M) Kala Singh and others .. Appellants vs State of Haryana and others .. Respondents
206. R.F.A. No. 3342 of 2008 (O&M) Malak Singh and another .. Appellants vs State of Haryana and others .. Respondents
207. R.F.A. No. 3343 of 2008 (O&M) Joginder Singh and others .. Appellants vs State of Haryana and others .. Respondents RFA No. 1867 of 2007 [24]
208. R.F.A. No. 3344 of 2008 (O&M) Nawab Singh and others .. Appellants vs State of Haryana and others .. Respondents
209. R.F.A. No. 3519 of 2008 (O&M) Jaswinder Kaur .. Appellant vs State of Haryana and another .. Respondents
210. R.F.A. No. 3526 of 2008 (O&M) Avtar Singh and others .. Appellants vs State of Haryana and others .. Respondents
211. R.F.A. No. 3978 of 2008 (O&M) Sukhvinder Singh .. Appellant vs State of Haryana and another .. Respondents
212. R.F.A. No. 3986 of 2008 (O&M) Guranditta .. Appellant vs State of Haryana and another .. Respondents
213. R.F.A. No. 5164 of 2008 (O&M) State of Haryana and another .. Appellants vs Harpat and others .. Respondents
214. R.F.A. No. 5177 of 2008 (O&M) State of Haryana and another .. Appellants vs Ram Kumar .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: S/Shri Sandeep Punchhi, P. S. Jammu, S. K. Jain, Akshay Jain, Rakesh Nagpal, B. S. Mittal and Ms. Divya Godra, Advocates for the land owners.
Mr. Navneet Singh, Assistant Advocate General, Haryana.
Rajesh Bindal J.
This order shall dispose of a bunch of 214 appeals, as the same arise out of a common acquisition.
RFA No. 1867 of 2007 [25]R.F.A. Nos. 2067 to 2075, 2370, 2371, 3057, 3182, 3186, 3195 to 3201, 3569 to 3576, 4520 of 2007, 363, 412, 413, 418 to 420, 423 to 429, 438, 439, 530, 721 to 725, 811, 858, 864, 865, 867, 970, 1402, 1404, 1407 to 1410, 1412, 1433, 1450, 1451, 1454 to 1457, 1547 to 1551, 1736, 1737, 1811, 1921, 2622 to 2628, 2821, 3340 to 3344, 3519, 3526, 3978, and 3986 of 2008 have been filed by the land owners seeking further enhancement of compensation for the acquired land.
R.F.A. Nos. 1867, 1877 to 1888, 1923 to 1943, 1945 to 1956, 1991, 1992, 1994 to 1997 of 2007, 637, 639, 642, 644, 647, 651, 652, 654, 1221, 1224 to 1228, 1230 to 1232, 1234 to 1240, 1290 to 1292, 1297, 1298, 1305, 1306, 1308, 1309, 1311, 1314, 1317, 1319, 1321, 1338 to 1341, 1344, 1345, 1351, 1353, 1354, 1357, 1414, 1422, 1470, 1471, 1473 to 1478, 1480, 1482, 1484, 1542, 1768, 5164 and 5177 of 2008 have been filed by the State seeking reduction of compensation for the acquired land awarded to the land owners. However, the facts have been noticed from RFA no. 1867 of 2007.
Briefly, the facts are that land measuring 127.57 acres, falling in villages Baguwali, Narelkhera, Bhaudin, Suchan, Kotli, Rasulpur, Sikanderpur and Moriwala, District Sirsa was acquired vide notification dated 10.4.2003 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for the purpose of construction of Rangoi Kharif Channel from RD 0 to Tail RD 280700 (Sub-Reach RD 155450 to 218600) off taking from Tail of Rangoi Nallah. The Land Acquisition Collector (for short, `the Collector') awarded compensation for the acquired land per acre at the following rates:-
Sr. No. Village Nehri Chahi Barani 1 Baguwali Rs. 1,30,000/- Rs. 1,10,000/- Rs. 70,000/- 2 Narelkhera Rs. 1,30,000/- Rs. 90,000/- Rs. 70,000/- 3 Bhaudin Rs. 1,30,000/- Rs. 1,10,000/- Rs. 70,000/- 4 Suchan Rs. 1,30,000/- Rs. 1,10,000/- Rs. 70,000/- 5 Kotli Rs. 1,30,000/- Rs. 70,000/- Rs. 70,000/- 6 Rasulpur Rs. 1,30,000/- Rs. 1,10,000/- Rs. 70,000/- 7 Sikanderpur Rs. 1,30,000/- Rs. 1,10,000/- Rs. 70,000/- 8 Moriwala Rs. 1,30,000/- Rs. 1,10,000/- Rs. 70,000/-
Aggrieved against the award of the Collector, the land owners filed objections which were referred to the learned Additional District Judge, Sirsa, who keeping in view the material placed on record by the parties, determined the fair value for all the villages @ Rs. 3,50,000/- per acre for Nehri land; Rs. 2,50,000/- per acre for Chahi land and Rs. 1,50,000/- per acre for Barani kind of land. It is this award, which is impugned in the present set of appeals.
RFA No. 1867 of 2007 [26]Learned counsel for the land owners submitted that the court below has failed to appreciate the evidence led by the land owners on record while determining the fair value of the acquired land. Sale deeds, Ex. P1 and Ex. P2 (produced on record in RFA No. 1923 of 2007 arising out of LA case no. 813 of 2004) dated 6.11.1995, pertaining to village Patli Dabar, whereby 19 marlas of land each was sold for a sum of Rs. 50,000/-, has not been considered at all in terms of which the average price comes out to Rs. 4,21,052/- per acre, way back in the year 1995. The acquisition in the present case having been made in April, 2003, the land owners are also entitled to further increase thereon. It was further submitted that vide letter dated 28.4.2005 (Ex. P4), the State Government had framed a policy for valuation of land under acquisition and the minimum value in the zone in which the land in questions falls, was fixed at Rs. 5,00,000/- per acre irrespective of any categorisation. The same has not been given due weightage by the learned court below. For the purpose of issuance of aforesaid letter (Ex. P4), the State had considered the data which was available for the previous years only and the acquisition in the present case being prior to that, a small cut could be applied.
Another contention raised by learned counsel for the land owners in R.F.A. No. 363 of 2008 is that the evidence produced therein, in addition to the earlier award pertaining to the same acquisition, has not been considered at all. Sale deed (Ex. P2) (produced on record in Land Reference No. 670-LA of 2004) pertaining to the land of village Arnia dated 8.5.1992 was produced, whereby at an average price of Rs. 1,00,000/- per acre, 12 kanals of land was sold. The acquisition in the present case being later in time in terms of the judgment of Hon'ble the Supreme Court in The General Manager, Oil & Natural Gas Corporation Limited vs Rameshbhai Jivanbhai Patel and another 2009(1) PLR 494, the land owners are entitled to further increase in the compensation. Further reference was made to agreement to sell dated 3.12.2002 (Ex. P51), whereby the land pertaining to village Ali Mohammad was agreed to be sold for a sum of Rs. 4,84,000/- per acre. It was further submitted that the factum of appreciation of land at a fast pace was even recognised by the State as the minimum amount of compensation, which was determined payable by the State vide letter dated 28.4.2005 at Rs. 5 lacs per acre was further revised to Rs. 8,00,000/- per acre vide letter dated 6.4.2007 (Ex. PA). Further the contention is that part of the land even abuts the main Delhi-Sirsa National Highway No. 10 which pertains to villages Sikenderpur and Moriwala. Reference was made to site plans (Ex. P55 and Ex. P57) and statement of PW16- O.P. Madaan, Architect to submit that the acquired RFA No. 1867 of 2007 [27] land shown in site plan (Ex. P55) was four acres away from the National Highway. The award pertaining to some other acquisition mark `U' was referred to submit that even for the acquisition carried out vide notification dated 25.2.2005, before the issuance of policy letter dated 28.4.2005, the Collector himself had awarded compensation placing reliance thereupon, even though the policy had been issued later on.
In addition to the contentions raised with regard to valuation of the acquired land, another additional submission is with regard to the claim of severance. It was submitted that sufficient evidence was led by the land owners on record for the purpose. However, in spite of that, the learned court below had rejected the claim made by the land owners in that regard.
In response to the contentions raised by learned counsel for the land owners, learned counsel for the State submitted that the court below had not given any reasoning whatsoever while determining the amount of compensation payable for the acquired land. It had merely applied a thumb rule. The evidence led by the land owners did not justify any increase whatsoever. There is no site plan produced on record by the land owners to show where the land pertaining to sale deeds relied upon by them is located. The policy issued by the State Government on 28.4.2005 was not retrospective in operation as the same was applicable only for the acquisitions carried subsequent thereto. The agreement to sell, as is sought to be relied upon by the land owners, carries no value for the reason that genuineness thereof is clearly in doubt for the reason that the vendor and the vendee, both are residents of same village, namely, Village Ali Mohammad, the land of which was under acquisition. It has been ante-dated just with a view to jack up the prices to claim higher compensation. The entire earnest money was paid in cash. As regards severance, the submission was that the land owners have not led any evidence to show as to in what manner, they have suffered any loss on account of acquisition of land for channel. Accordingly, the learned court below had rightly negatived the claim to that extent.
Heard learned counsel for the parties and perused the relevant referred record.
A perusal of the award of the Collector shows that for the acquisition carried out, pertaining to the land of villages Baguwali, Narelkhera, Bhaudin, Suchan, Kotli, Sikanderpur and Moriwala, the value was determined in the same range.
As far as value of the acquired land is concerned, in my opinion, in case there is any evidence on record which is unquestionable then the court can RFA No. 1867 of 2007 [28] simply rely thereon. Sometimes even the evidence pertaining to the sale-deeds which are subsequent to the acquisition are also relied upon in case the genuineness thereof is not in doubt and a reasonable cut is applied thereon. In the present case the evidence produced on record by the landowners, besides the sale- deeds and agreement to sell, is the policy of the State Government Ex. P4 dated 28.4.2005 whereby for acquisition of land in the State three categories have been formed for the purpose of awarding minimum rate of compensation. The acquired land in the present case falls in the 3rd category for which the minimum rate has been fixed as Rs. 5 lacs per acre. The fact cannot be disputed that for the purpose of framing of policy, fact and figures which were available for any period prior thereto will have to be considered and must have been so considered by the State. It is also on record in the form of letter dated 6.4.2007 (Ex.PA) whereby the minimum rates as were fixed for acquisition of land were further revised as under:-
Sr. no. Area Earlier rates fixed Revised rates by the Government
i) Minimum floor rate for Rs. 15.00 lacs per Rs. 20.00 lacs per urbanisable area of Gurgaon acre acre
ii) Minimum floor rate for rest of Rs. 12.50 lacs per Rs. 16.00 lacs per the Haryana Sub-Region of acre acre NCR including Panchkula and area of Chandigarh periphery in the Haryana State
iii) Minimum floor rate for the rest Rs. 05.00 lacs per Rs. 08.00 lacs per of the Haryana State acre acre A perusal of the aforesaid policy shows that after a gap of nearly two years, the minimum compensation payable for acquisition of land was enhanced @ 30% per annum or the price as shown in 2005 is 37.5% less than the price shown in the year 2007. This is evident of rising prices of land on which there is lot of pressure in recent times because of demand for urbanization and other infrastructural facilities. The aforesaid policy letter, in my opinion, can be considered as a piece of evidence showing the value of the land and considering the fact that the acquisition in question was carried out almost two years prior thereto, a reasonable cut can be applied which should be in the near by range as the increase in the prices. Accordingly, by applying a cut of 40% therefrom, the value of the acquired land can very well be determined at Rs. 3,00,000/- per acre.
The aforesaid shall be the value of chahi kind of land. For other qualities of land the value shall be determined in the same proportion taking clue from the award of the learned court below. The same shall be Rs. 2,14,300/- per acre for chahi and Rs. 1,28,600/- per acre for barani kind of land.
RFA No. 1867 of 2007 [29]Another factor which weighed with the court, to rely upon the rate fixed by the State Government though shown by the policy subsequent to the acquisition is that it is a welfare State, the landowners have been deprived of their land and in the rural area primarily their source of livelihood, for which they deserve to be adequately compensated. The steps taken by the government in fixing minimum rate for acquisition is certainly a commendable act otherwise at the time of acquisition, the compensation used to be awarded at a very less price and the landowners were made to fight litigation with the State to get the fair compensation for the acquired land determined. After loosing the land, they had to wait for years together to get adequate compensation. With the compensation initially paid by the Collector, they were not able to purchase land of equal quality and quantity at other place and by the time they were paid the compensation after its determination by the courts, the value of the money will go down as the value of the land increases at much faster rate. So it is just and fair if the landowners are paid compensation at reasonable rates at the stage of the award of the Collector.
There is another facet of it. For the purpose of urbanization, it is not that only that the private colonizers are in picture for acquiring the land and developing the colonies and providing flats, plots, etc. to the prospective buyers, State agencies in the form of Haryana Urban Development Authority, Haryana State Industrial and Infrastructure Development Corporation, Punjab Urban Development Authority, Greater Mohali Area Development Authority, Chandigarh Housing Board, etc. are also involved in the process of acquiring land and selling the plots to the buyers after developing the same in this part of the country. The difference is that the State agencies take the help of Land Acquisition Act to acquire the land. In the process of acquisition, initially it is the Land Acquisition Collector who determines the value of the land and pays compensation to the landowners, which is taken into consideration at the time of fixation of initial prices of the plots/ flats. The landowners being dissatisfied file objections and remain engaged in long drawn litigation. Firstly, it is the Reference Court where the value of the acquired land is determined and subsequently this court and further in some cases the landowners even approach Hon'ble the Supreme court. On the pretext of safeguarding the interest of the allottees of the plots/flats, the State agencies, for whose benefits the land is acquired, also become party to the Reference petition and subsequently file or defend appeals. It is different matter as to whether they take effective steps in that regard or it is merely a formality, which may further add the burden of litigation expenses on the allottees of plots/flats. But the fact remains that in this entire process a lot of litigation is generated, which is RFA No. 1867 of 2007 [30] avoidable. Plots/flats sold by the State agencies after acquisition of land carry a condition that in case there is any further enhancement in the value of the land by any court, the same shall be payable by the allottee of the plot/flat. After re- determination of the value of acquired land, the allottees are burdened with notices for enhancement of the prices, some times not only after years but after decades. At that stage even allottees of plots/flats also approach the court challenging the demand of enhanced compensation. There are numerous instances where the enhancement ultimately determined and demanded from the allottees was even upto 8 to 10 times of the original price at which the plots were allotted and that too at 3-4 stages. The allottees are also to bear the burden of interest for the intervening period which some times makes it unaffordable to retain the plot/flat or next generations continue to pay the cost of plots/flats purchased by their parents, which is never final. If the value of the land acquired for any purpose is determined fairly at the very first instance, the scope for further revision is minimized which helps in further minimization of litigation on one hand for enhancement of compensation for the acquired land and on the other hand by the allottees of plots challenging the demands of enhanced compensation.
Another contention raised was with regard to the valuation of land abutting National Highway No. 10. In the evidence led by the landowners, as has been referred to above, land pertaining to Villages Sikenderpur and Moriwala abuts the main Delhi-Sirsa National Highway No. 10. The submission of the learned counsel for the landowners was that any land which abuts National Highway certainly carries more value as compared to other part of the land, in my opinion, is certainly meritorious. Availability of approach to the land through a kachha gohar, small path, a link road, a State Highway or a National Highway and its closeness to the city are some of the factors which would certainly add to its value as compared to the land which has no such facility. Accordingly, in my opinion, for the land upto a depth of one acre from the National Highway No. 10, the landowners shall be paid compensation for the acquired land @ Rs. 3,50,000/- per acre as against Rs. 3,00,000/- per acre.
Another submission made by the learned counsel for the landowners, regarding payment of damages on account of severance also deserves consideration. With the construction of channel, the land is divided into two parts. The level of the channel is always above the level of the land which makes it difficult to irrigate or use the divided portion of the land to its optimum and also even to approach other part of the land. The bridges are provided at a distance and the landowners have to take a longer route to reach their other part of the land.
RFA No. 1867 of 2007 [31]Considering the aforesaid facts, in my opinion, the severance @ 20% would be a reasonable amount which the landowners deserve to be paid.
The landowners shall also be entitled to all statutory benefits available under the Act.
The appeals are disposed of in the manners indicated above.
27.4.2009 (Rajesh Bindal)
vs Judge
Referred to Reporter