Punjab-Haryana High Court
Huda vs Smt Birmho Devi And Ors on 29 January, 2026
1
CR No.7171 of 2023 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
151
CR No.7171
7171 of 2023 (O&M)
Date of Decision:
Decision:29.01.2026
HARYANA URBAN DEVELOPMENT AUTHORITY ......Petitioner
Vs
SMT. BIRMHO DEVI AND ORS. ....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ
MANUJA
Present: Mr. Arvind Seth, Advocate
for the petitioner.
petitioner
Ms. Komal Sharma, D.A.G., Haryana.
Mr. Bharat Bhushan, Advocate
for respondent Nos.2 to 6, 8, 9, 11 & 13 to 18.
****
HARKESH MANUJA, J. (Oral)
[1]. By way of present revision petition filed under Article 227 of the Constitution of India, challenge has been laid to the order dated 13.01.2020 passed by the learned Additional District Judge, Gurugram Gurugram-cum-Executing Executing Court, Court whereby the private respondents/landowners being co co-sharers in the acquired land, land were found entitled to the grant of similar benefits of enhanced compensation to the tune of Rs.1 1,40,62,500/- per acre along with all statutory benefits under the relevant provisions of the Act, Act in terms of the order dated 25.04.2013 passed in L.A. Case No.541 of 2011 (Ex.PW1-B) (Ex.PW1 B) which was decided along with the main L.A. Case No.1265 of 2010 titled 'Azad Singh and Others vs. State of Haryana and others' (Ex.PX).
[2]. Being aggrieved thereof, the petitioner ppreferred referred the present revision petition.
1 of 3 ::: Downloaded on - 02-02-2026 22:56:17 ::: 2 CR No.7171 of 2023 (O&M) [3]. Learned counsel for the petitioner submits that once the private respondents did not choose cho se to prefer reference under Section 18 or 28-A A of the Land Acquisition Act, 1894, they could not have been awarded the bbenefit enefit of enhanced market value determined in favour of other co co-sharers sharers for the acquired land merely by preferring an execution application.
[4]. I have heard learned counsel for the parties and perused the paper book.
[5]. The issue raised by the petitioner now stands finally determined by the Hon'ble Apex Court in case of 'Ramphal & Ors. Vs. Haryana State Industrial and Infrastructure Development Corporation Limited & Ors.
Ors.'' decided on 13.01.2026 by upholding the claim of the th co-sharers, sharers, however restricting the award of interest. The relevant paragraphs Nos.12 to 14 of the aforementioned judgment are extracted hereunder:-
hereunder:
"12. We are of the considered view that apart from the t 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 period. We would also hasten to add that the appellants would ould 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 appellate jurisdiction.
jurisdiction
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 sha shall ll be disbursed within an outer limit of three months for such determ determination ination with interest as specified therein.
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14. In the event of time line which has been fixed by this Court is not adhered to by the respondent(s) authorities authorities, they shall be liable to pay interest @ nine per cent (9%) on the amounts so determined.
determined."
[6]. In view of the adjudication made by the Hon'ble Apex Court in the aforementioned case of Ramphal & Ors. (supra) (supra),, the present petition is disposed of. As directed by the Hon'ble Apex pex Court, the petitioner shall disburse the amount of compensation ion in favour of the private respondent respondents/landowners within three months from today. However, subject to interest payable in accordance with the decision passed in Ramphal & Ors. (supra).
[7]. Pending application(s), if any shall also stand disposed of.
(HARKESH MANUJA) January 29,, 2026 202 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No 3 of 3 ::: Downloaded on - 02-02-2026 22:56:17 :::