Punjab-Haryana High Court
Haryana Shehri Vikas Pradhikaran Th. ... vs Mahender And Ors on 23 January, 2026
1 CR-2972-2024 (O&M)
201
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-2972-2024 (O&M)
Date of Decision: January 23, 2026
HARYANA SHEHRI VIKAS PRADHIKARAN TH. ITS ADMINISTRATOR
........Petitioner
Versus
MAHENDER AND ORS ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Shivendra Swaroop, Advocate and
Mr. Siddhanth Arora, Advocate for the petitioner.
Mr. Bharat Bhushan, Advocate for respondent No.1.
Ms. Komal Sharma, DAG, Haryana.
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HARKESH MANUJA, J. (ORAL)
By way of present revision petition filed under Article 227 of the Constitution of India, challenge has been laid to an order dated 18.09.2017 passed by the learned Executing Court.
2. Briefly stating, in the case in hand, some land owned by the petitioner falling within the revenue estate of village Dhorka, Hadbast No.120, Tehsil and District Gurgaon was acquired vide notifications dated 11.02.2010 and 19.02.2010 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act') respectively followed by an award dated 14.06.2010 for the public purpose, namely, development and utilization of land for Sector roads, Sectors 81 to 95 at Gurugram. The market value was assessed at Rs.60,00,000/- per acre besides grant of other benefits. Some of the other landowners pertaining to the same very acquisition sought a reference under Section 18 (LAC-295-2012) which was decided on 30.07.2014 and the market value was assessed at TEJWINDER SINGH 2026.01.28 11:04 I agree to specified portions of this document 2 CR-2972-2024 (O&M) Rs.1,39,87,202/- per acre. The aforesaid award was challenged before this Court by way of RFA-9866-2014 which was decided on 27.05.2016 and compensation was enhanced to Rs.2,98,64,000/-. Thereafter, the Hon'ble Apex Court in Civil Appeal No.11814-11864 of 2017 decided on 05.09.2017 re-assessed the market value at Rs.2,49,03,504/-. In the meanwhile, the respondents-landowners while claiming themselves to be the co-sharers in joint khewat with the landowners pertaining to LAC-295- 2012 filed an execution application based on the award passed by the learned Reference Court, wherein, they were granted the benefit of enhanced compensation @Rs.1,39,87,202/- Being aggrieved, the petitioners preferred the present revision petition.
3. I have heard learned counsel for the parties and gone through the paper-book.
4. In view of the latest exposition of law laid down by Hon'ble the Apex Court in SLP (C) No.4532-4539 of 2023 titled as "Ramphal and Ors. Vs. Haryana State Industrial and Infrastructure Development Corporation Limited and Ors.", no interference is called for with the impugned decision, The relevant para Nos.12 and 13 of the aforesaid decision are extracted hereunder:-
"12. We are of the considered view that apart from the compensation, the appellants would be entitled to the interest for a period of five years to be reckoned from today backwards and we make it explicitly clear that the appellants are not entitled for any interest for any other 6 period. We would also hasten to add that the appellants would be entitled to all other consequential benefits which flow from award of compensation and the respondent(s) authorities shall compute the compensation as has been determined by the award passed under Section 18 of the Act and/or modified by the High Court or this Court in exercise of TEJWINDER SINGH appellate jurisdiction.
2026.01.28 11:04 I agree to specified portions of this document 3 CR-2972-2024 (O&M)
13. The said determination shall be made by the authorities expeditiously and at any rate within an outer limit of three months from the date of this order and the amounts so determined shall be disbursed within an outer limit of three months for such determination with interest as specified therein."
5. At this stage, it may also be noticed here that though the execution application filed at the instance of respondents-landowners was preferred on the basis of determination made by learned Reference Court on 30.07.2014 in LAC-295-2012, however, the same now stands re-assessed finally by the Hon'ble Apex Court to the tune of Rs.2,49,03,504/- vide decision dated 05.09.2017 passed in Civil Appeal No.11819-11864 of 2017, thus, respondents-landowners are also entitled for the similar benefits in terms thereof.
6. In such circumstances, the miscellaneous application-cum- execution application No.147 dated 03.04.2015/12.07.2016 (CIS No.19- 2015) titled as "Mahender Vs. State of Haryana and Anr." is ordered to be restored to its original number for release of benefits in favour of the respondents-landowners in terms of decision dated 05.09.2017 read with the judgment passed by the Hon'ble Apex Court in Ramphal's case. However, subject to interest payable in accordance with the decision passed in case of Ramphal (supra).
7. In terms thereof, the parties are directed to appear before the learned Executing Court on 09.02.2026.
8. Accordingly, the present petition is disposed of.
23.01.2026 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
TEJWINDER SINGH
2026.01.28 11:04
I agree to specified portions
of this document