Punjab-Haryana High Court
Smt.Syani vs Stateof Hy on 2 December, 2025
RFA-1912
1912-2003 (O&M) & 7 others [11]
121 (8 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
*****
RFA No. 1912 of 2003(O&M)
Date of Decision: 02.12.2025
Smt. Syani (Deceased) through LRs & another
.......Appellant(s)
Versus
State of Haryana and ors. ......Respondent s
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Karan Garg, Advocate
for the applicants/ landowners.
Mr. Abhinash Jain, DAG, Haryana.
Mr. Pritam Singh Saini, Advocate for HSMITC.
---
HARKESH MANUJA, J. (ORAL)
CM-4162 4162-CI-2025 IN RFA-1912-2003 2003 Application for impleading LRs of appellant No.1 No.1-Siyani Siyani is allowed,, as prayed for, subject to all just exceptions. The applicants applicant mentioned in the application are ordered to be brought on record as legal representatives of appellant appellant No. 1 ((Siyani), ), to pursue the present appeal. Amended memo of parties is taken on record. CM-4160 4160-CI-2025 IN RFA-1913-2003 2003 Application for impleading LRs of appellant No Nos.3, s.3, 4, 5, 6, 7 and 13 is allowed, as prayed for, subject to all just exceptions. The applicants mentioned in the application are ordered to be brought on SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [22] record as legal representatives of respective appellant Nos.3, s.3, 4, 5, 6, 7 and 13, 13, to pursue the present appeal. Amended mem memo o of parties is taken on record.
MAIN APPEALS:
APPEALS Vide this common order, a bunch of 0
08 Regular First Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving involving common facts and question of law. For the sake of brevity, facts are being taken from RFA No.1912-2003..
2. By way of filing the present appeal(s) challenge has been laid to the decision dated 07.02.2003 passed by the learned Additional District Judge, Fatehabad--cum-Reference Reference Court, seeking further enhancement of the compensation.
3. Briefly stating, 26K-19M 19M of land, situated within the revenue estate of Village Jamalpur Sheikhan, District Fatehabad Fatehabad,, was sought to be acquired by the Government of Haryana vide notifications dated 28.11.1995 and 12.06.1996 12.06.1996,, issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short 'the Act' respectively, for public purpose i.e. for construction of Spun Pipe Factory, Jamalpur Seikhan.
Seikhan. The Land Acquisition Collector (for short 'the LAC') vide award 26.08.1998 assessed market value in respect of the acquired land @ Rs.1,00,000/-
Rs.1, per acre for gair mumkin land , besides granting all other statutory benefits under the Act.
4. Dissatisfied with the aforesaid award, the appellants/ SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [33] landowners filed reference petitions invoking Section 18 of the Act, which came to be disposed of by the learned Reference Court vide decision dated 07.02.2003 while determining the market value of the acquired land @ Rs.3,20,000/-
Rs. per acre besides all other statutory benefits under the Act.
5. Aggrieved of the Award passed by the learned Reference Court, the present appeals were preferred at the instance of appellants/ landowners as well as respondent HSMITC HSMITC.
6. I have heard learned counsel of the parties and gone through the paper-book paper book as well as records of the case case.. I find substance in the submissions made on behalf of landowners.
7. A perusal of the award passed by the learne learned d Reference Court shows that a positive finding of fact has been recorded to the effect that the land under acquisition was located abutting the two roads i.e. main road leading from Tohana to Fatehabad and the other being link road from Tohana to Village Khanora and the same was even surrounded by various commercial and institutional establishments including Veterinary Hospital, Bus Stand, Government School and number of shops. Paragraphs No.32 and 33 of the award passed by the learned Reference Court, bei being ng relevant, are extracted hereunder:
hereunder:-
"32. After thoughtful consideration, it is held that the oral as well as documentary evidence produced on the file by the petitioners which remained unrabutted and further supported by the SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [44] admissions of respondent witnesses clearly shows that as far as the location and potential of the acquired land is concerned, it is admitted case of the respondent that there used to be a spun pipe Factory in suit land which was on lease with the respondents and this fact itself shows hows that the shout land cannot be treated as agricultural land that too a Tibba. On the other hand, it was potentially commercial area. At the same time, a reference to site plan Ex. P2 and the revenue record Ex. P4 to Ex. P7 further shows that even in th thee revenue record teh acquired land was shown as gair gair-mumkin mumkin abadi which means it was part of residential area. Similarly a further perusal of teh site plan Ex. P2 shows that the acquired land is situated on the main Tohana-Ratia Ratia road and there are so many shops by teh western side of the acquired land. There is a Govt. High School, a Bus Stop and a Veterinary Hospital nearby teh squired land. On the back side of teh acquired land i.e. on the southern side, there is residential area of village and even the witnesses itnesses of the respondents have admitted that the suit land is situated on the main road and there are so many shops.
33. As such the entire above discussed evidence clearly shows that the entire area of the acquired land forms part of a already develope developed residential and commercial area and it has so many advantages. Firstly, that it is situated on the main road which is used for commercial establishments. The residential area is just behind the acquired land. There is a Bus Stop, a Govt. High School and veterinary Hospital.
SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [55]
There is another link road on the eastern side of the acquired land. The only negative point which can be favorable to the respondents is that the purpose for which the land was acquired has been frustrated as the responded No. 3 H.S.M.I.T.C. .I.T.C. has already been closed and factory is now lying closed. But this also cannot be considered as a negative point as the acquired land can be used by the respondents for any other commercial activities."
8. It may be noticed here that the aforesaid finding is based on the appreciation of evidence available on record in the form of site plan Ex.P2 which was proved on record by PW5 PW5-Mr.Bansi Mr.Bansi Lal, Architect and also from the deposition made by the own witnesses of o the respondents i.e. RW1 Sh.Kedar Nath, Kanungo, DRO Office, Fatehabad and RW2-Sh.Bhupender RW2 Sh.Bhupender Singh, SDO, HSMITC, Tohana who admitted the locational aspect of the land under acquisition being situated between Fatehabad-Tohana Fatehabad Tohana road and one link road leading to Village Khanora, besides the existence of 40/50 shops in the same vicinity including the Bus Stand etc. No evidence whatsoever has been pointed out or referred to by learned counsel appearing on behalf of the respondents to counter the aforementioned rreasoning easoning recorded by the learned Reference Court and thus the same is held to be true and needs to be considered for the purpose of determination of the claim of the landowners.
SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [66]
9. A perusal of the record shows that the land forming part of the sale deed Ex.P1 dated 19.07.1993 falls within Khasra No.518; whereas the land under acquisition relates to Khasra Nos.610, 612, 614, 616 and 674 of the same revenue estate of Village Jamalpur Sheikhan, District Fatehabad and as such apparently falls within the close vicinity.
10. In view of the aforesaid, it has been established on record that the land under acquisition being located between the two roads is surrounded by various commercial and institutional establishments and thus possesses locational and potentia potentiall advantage for commercial, institutional and residential purpose and in such circumstances, the learned Reference Court committed no illegality or perversity while having placed reliance upon the sale instance Ex.P1 dated 19.07.1993 vide which 10 marlas o off land forming part of the same revenue estate of Village Jamalpur Sheikhan was sold at the base price of Rs.2500/-
Rs.2500/ per marla for residential purposes.
11. Considering the fact that the land under acquisition as well as the land forming part of sale deed Ex.P1 were of similar nature and potential being used for commercial, residential and institutional ional purposes, an appreciation @ 12% (c (compound) ompound) needs to be granted over the base price derived from the ssale ale deed Ex.P1 dated 19.07.1993 i.e. Rs.2500/-
Rs.2500/ per marla upto the date of notification SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [77] under Section 4 of the 1894 Act in the present case i.e. upto 28.11.1995.
12. Furthermore, taking into account the fact that the land under acquisition was located betw between een the two roads and was surrounded by commercial and institutional establishments; all kinds of basic, necessary civil amenities being already existing in and around the land under acquisition, a deduction @ 20% towards smallness of area involved in the sale instance Ex.P1 dated 19.07.1993 1993 was sufficient especially when it was proved on record that the area of the acquired land was full of commercial establishments and shops,, thereby reflecting that the land surrounding the acquired parcel was being utilized and alienated through instances involving small parcels of land land. It may be pointed out here that considering the fact that the land under acquisition is carrying all basic amenities and the purpose of acquisition is for construction of Spun Pipe Factory, Factory, the respondents neither suffered any loss towards optimum utilization of acquired land nor even any cost towards providing of infrastructural civic amenities, as such no cut is required to be applied towards development cost.
13. Accordingly, in the wake of discussion made hereinabove, while placing reliance upon the base price derived from the sale exemplar Ex.P1 Ex.P dated 19.07.1993,, the market value of the land under acquisition as on the date of notification under Section 4 of the Act in SANJAY GUPTA 2025.12.08 18:44 I attest to the accuracy and integrity of this document RFA-1912 1912-2003 (O&M) & 7 others [88] the case in hand comes to Rs.2500/-
Rs.2500/ per marla i.e. Rs.4,00,000/- per acre + 12% compounded appreciation for the time gap minus (-)) 20% deduction thereupon toward smallness of the area involved in the sale exemplar i.e. Rs.4,17,464/- per acre, along with all statutory benefits and interest including interest on solatium.
14. Consequently, the appeals filed by the landowners are partly allowed;
allowed; whereas the appeals filed by respondent HSMITC are hereby dismissed.
dismissed
15. Pending misc. application(s), if a any, ny, shall also stand disposed of.
02.12.2025 (HARKESH MANUJA)
sanjay JUDGE
Whether speaking/reasoned? Yes/No
Whether Reportable? Yes/No
Sr. No. Case No.
1. RFA- 1913-2003
2003 (O&M)
2. RFA- 1914-2003
2003 (O&M)
3. RFA- 1915-2003
2003 (O&M)
4. RFA- 2360-2003
2003 (O&M)
5. RFA- 2361-2003
2003 (O&M)
6. RFA- 2362-2003
2003 (O&M)
7. RFA- 2363-2003
2003 (O&M)
02.12.2025 (HARKESH MANUJA)
sanjay JUDGE
SANJAY GUPTA
2025.12.08 18:44
I attest to the accuracy and
integrity of this document