Punjab-Haryana High Court
1. Rfa-1283-2005 (O&M) Madan Mohan Lal vs State Of on 19 March, 2010
Author: K.C.Puri
Bench: K.C.Puri
RFA No.1283 of 2005 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA No.1283 of 2005
Date of decision 19 .3.2010.
1.RFA-1283-2005 (O&M) MADAN MOHAN LAL V/S STATE OF HARYANA AND ANR.
2. RFA-1284-2005 KRISHNA KUMARI V/S STATE OF HARYANA AND ANR.
3. RFA-1285-2005 KRISHAN CHANDER V/S STATE OF HARYANA AND ANR
4. RFA-1286-2005 RADHA DEVI V/S STATE OF HARYANA AND ANR.
5. RFA-1287-2005 CHALTI V/S STATE OF HARYANA AND ANR.
6. RFA-1288-2005 RAM NIWAS V/S STATE OF HARYANA AND ANR.
7. RFA-1574-2005 CHANDER BHAN AND ORS. V/S STATE OF HARYANA AND ORS.
8. RFA-1623-2005 RANBIR AND ORS. V/S STATE OF HARYANA AND ANR
9. RFA-1624-2005 KARTAR SINGH AND ORS. V/S STATE OF HARYANA AND ANR.
10. RFA-1625-2005 OM PARKASH AND ORS. V/S STATE OF HARYANA AND ANR.
11. RFA-1718-2005 PURAN AND ANR. V/S STATE OF HARYANA AND ANR.
12. RFA-1962-2005 DALBIR SINGH AND ORS. V/S STATE OF HARYANA AND ORS.
13. RFA-1944-2005 SHRI RAM AND ORS. V/S STATE OF HARYANA AND ORS.
14. RFA-1965-2005 RAM MEHAR AND ORS. V/S STATE OF HARYANA AND ORS.
RFA No.1283 of 2005 2
15. RFA-1986-2005 RAJ SINGH V/S STATE OF HARYANA AND ORS.
16. RFA-1997-2005 MURTI AND ORS. V/S STATE OF HARYANA AND ANR.
17. RFA-1998-2005 ANAND PARKASH AND ORS. V/S STATE OF HARYANA AND ANR.
18. RFA-2008-2005 ANIL AND ANR. V/S STATE OF HARYANA AND ANR
19. RFA-2009-2005 BHARPAI AND ORS. V/S STATE OF HARYANA AND ANR.
20. RFA-2010-2005 OM PARKASH V/S STATE OF HARYANA AND ANR.
21. RFA-2011-2005 HAWA SINGH V/S STATE OF HARYANA AND ANR.
22. RFA-2012-2005 JAGGEET SINGH AND ORS. V/S STATE OF HARYANA AND ANR.
23. RFA-2013-2005 SATBIR SINGH AND ORS. V/S STATE OF HARYANA AND ANR.
24. RFA-2014-2005 SUBE SINGH V/S STATE OF HARYANA AND ANR.
25. RFA-2015-2005 SMT. OM PATI AND ORS. V/S STATE OF HARYANA AND ANR.
26. RFA-2016-2005 SAME SINGH V/S STATE OF HARYANA AND ANR.
27. RFA-2017-2005 SAME SINGH V/S STATE OF HARYANA AND ANR.
28. RFA-2030-2005 JAI KISHAN AND ORS. V/S STATE OF HARYANA AND ANR.
29. RFA-2412-2005 PEHLAD SINGH V/S STATE OF HARYANA AND ORS
30. RFA-2587-2005 LAKHI RAM V/S STATE OF HARYANA AND ANR.
31. RFA-2589-2005 JAI SINGH AND ANR V/S STATE OF HARYANA AND ORS
32. RFA-2590-2005 RAJ SINGH V/S STATE OF HARYANA AND ANR RFA No.1283 of 2005 3
33. RFA-2703-2005 DALIP SINGH AND ORS. V/S STATE OF HARYANA AND ORS
34. RFA-2737-2005 DALIP SINGH AND ORS V/S STATE OF HARYANA AND OTHERS.
35. RFA-3036-2005 JOGINDER SINGH AND ANR. V/S STATE OF HARYANA AND ORS.
36. RFA-3038-2005 SMT. MURTI AND ORS. V/S STATE OF HARYANA AND ANR.
37. RFA-901-2006 STATE OF HARYANA AND ANR V/S BED SINGH AND ORS.
38. RFA-904-2006 STATE OF HARYANA AND ANR V/S SATBIR SINGH AND ORS.
39. RFA-906-2006 STATE OF HARYANA AND ANR V/S DHARAM SINGH AND OTHERS.
40. RFA-908-2006 STATE OF HARYANA AND ANR V/S SMT.
SHILLA DEVI AND ORS.
41. RFA-910-2006 STATE OF HARYANA AND ANR V/S RAJ SINGH AND ANR.
42. RFA-911-2006 STATE OF HARYANA AND ANR V/S UMED SINGH AND ORS.
43. RFA-913-2006 STATE OF HARYANA AND ANR V/S SMT.
HAWA KAUR AND ANR.
44. RFA-914-2006 STATE OF HARYANA AND ANR V/S GOPAL AND ANR.
45. RFA-915-2006 STATE OF HARYANA AND ANR V/S RAM MEHAR AND ORS.
46. RFA-918-2006 STATE OF HARYANA AND ANR V/S GABDU AND ANR.
47. RFA-919-2006 STATE OF HARYANA AND ANR V/S MEER SINGH AND ORS.
48. RFA-920-2006 STATE OF HARYANA AND ANR V/S HARI CHAND AND ORS
49. RFA-921-2006 STATE OF HARYANA AND ANR V/S PURAN SINGH AND ANR.
50. RFA-923-2006 STATE OF HARYANA AND ANR V/S DEEP CHAND AND ORS.
RFA No.1283 of 2005 4
51. RFA-924-2006 STATE OF HARYANA AND ANR V/S NET RAM AND ORS
52. RFA-925-2006 STATE OF HARYANA AND ANR V/S SHRI KISHAN AND ORS.
53. RFA-922-2006 STATE OF HARYANA AND ANR V/S SITA RAM AND ANR.
54. RFA-927-2006 STATE OF HARYANA AND ANR V/S RAM SINGH AND ORS
55. RFA-928-2006 STATE OF HARYANA AND ANR V/S PHUL SINGH AND ANR.
56. RFA-929-2006 STATE OF HARYANA AND ANR V/S MIR SINGH AND ORS.
57. RFA-930-2006 STATE OF HARYANA AND ANR V/S LAXMI NARAIN AND ORS
58. RFA-931-2006 STATE OF HARYANA AND ANR V/S RAM MEHAR AND ORS
59. RFA-935-2006 STATE OF HARYANA AND ANR V/S VED SINGH AND ORS
60. RFA-936-2006 STATE OF HARYANA AND ANR V/S BHIM SINGH AND ORS
61. RFA-937-2006 STATE OF HARYANA AND ANR V/S UMRAO SINGH AND ORS
62. RFA-938-2006 STATE OF HARYANA AND ANR V/S RAGHBIR SINGH AND ANR.
63. RFA-940-2006 STATE OF HARYANA AND ANR V/S SMT SHIV DEI AND ORS.
64. RFA-941-2006 STATE OF HARYANA AND ANR V/S SMT.
BASANTI AND ORS.
65. RFA-942-2006 STATE OF HARYANA AND ANR V/S RAM PHAL AND ANR.
66. RFA-943-2006 STATE OF HARYANA AND ANR V/S SARUP SINGH AND ORS.
67. RFA-946-2006 STATE OF HARYANA AND ANR V/S HANS RAJ AND ORS.
68. RFA-947-2006 STATE OF HARYANA AND ANR V/S RAJINDER SINGH AND ANR.
RFA No.1283 of 2005 5
69. RFA-948-2006 STATE OF HARYANA AND ANR V/S RAM SINGH AND ORS.
70. RFA-949-2006 STATE OF HARYANA AND ANR V/S JAI PAL AND ANR.
71. RFA-950-2006 STATE OF HARYANA AND ANR V/S INDRAJ SINGH AND ORS
72. RFA-954-2006 STATE OF HARYANA AND ANR V/S UMED SINGH AND ORS.
73. RFA-955-2006 STATE OF HARYANA AND ANR V/S MUKHTIAR SINGH AND ORS.
74. RFA-957-2006 STATE OF HARYANA AND ANR V/S OM PARKASH AND ORS.
75. RFA-962-2006 STATE OF HARYANA AND ANR V/S MUKHTIAR SINGH AND ORS.
76. RFA-964-2006 STATE OF HARYANA AND ANR V/S SURESH KUMAR AND ANR.
77. RFA-1192-2006 STATE OF HARYANA AND ANR V/S SUBHASH CHANDER AND ORS
78. RFA-1193-2006 STATE OF HARYANA AND ANR V/S BHAGAT SINGH AND ORS
79. RFA-1194-2006 STATE OF HARYANA AND ANR. V/S OM PARKASH AND ANR
80. RFA-1411-2006 STATE OF HARYANA AND ANR V/S KULDEEP SINGH AND ANR
81. RFA-1412-2006 STATE OF HARYANA AND ANR V/S SMT.
SARASWATI DEVI AND ANR.
82. RFA-1413-2006 STATE OF HARYANA AND ANR V/S INDER SINGH AND ORS
83. RFA-1454-2006 STATE OF HARYANA AND ANR V/S ATTAR SINGH
84. RFA-1455-2006 STATE OF HARYANA AND ANR V/S SUBE SINGH
85. RFA-1458-2006 STATE OF HARYANA AND ANR V/S SMT.
MURTI AND ORS.
86. RFA-1459-2006 STATE OF HARYANA AND ANR V/S HAWA SINGH RFA No.1283 of 2005 6
87. RFA-1460-2006 STATE OF HARYANA AND ANR V/S JAI SINGH AND ANR.
88. RFA-1461-2006 STATE OF HARYANA AND ANR V/S ANAND PARKASH AND ORS
89. RFA-1462-2006 STATE OF HARYANA AND ANR V/S SMT.
OM PATI AND ORS
90. RFA-1463-2006 STATE OF HARYANA AND ANR V/S KRISHAN CHANDER
91. RFA-1465-2006 STATE OF HARYANA AND ANR V/S HARI SINGH
92. RFA-1466-2006 STATE OF HARYANA AND ANR V/S UDEY BHAN AND ORS
93. RFA-1467-2006 STATE OF HARYANA AND ANR V/S RAGHBIR SINGH AND ORS
94. RFA-1468-2006 STATE OF HARYANA AND ANR V/S ANAND PARKASH AND ORS
95. RFA-1470-2006 STATE OF HARYANA AND ANR V/S SATBIR SINGH AND ORS
96. RFA-1471-2006 STATE OF HARYANA AND ANR V/S SMT.
SANTOSH AND ORS.
97. RFA-1472-2006 STATE OF HARYANA AND ANR V/S LAKHI RAM
98. RFA-1473-2006 STATE OF HARYANA AND ANR V/S VED SINGH AND ORS
99. RFA-1474-2006 STATE OF HARYANA AND ANR V/S SARDAR SINGH AND ANR
100. RFA-1475-2006 STATE OF HARYANA AND ANR V/S SURAJ BHAN AND ANR
101. RFA-1476-2006 STATE OF HARYANA AND ANR V/S SMT.
CHALTI
102. RFA-1477-2006 STATE OF HARYANA AND ANR V/S SAME SINGH
103. RFA-1478-2006 STATE OF HARYANA AND ANR V/S RAM NIWAS
104. RFA-1479-2006 STATE OF HARYANA AND ANR V/S BANI SINGH RFA No.1283 of 2005 7
105. RFA-1480-2006 STATE OF HARYANA AND ANR V/S SMT.
RADHA DEVI
106. RFA-1481-2006 STATE OF HARYANA AND ANR V/S OM PARKASH
107. RFA-1483-2006 STATE OF HARYANA AND ANR V/S SMT.
MURTI AND ORS
108. RFA-1484-2006 STATE OF HARYANA AND ANR V/S RAM KISHAN AND ORS
109. RFA-1485-2006 STATE OF HARYANA AND ANR V/S GRAM PANCHAYAT SARAI AURANGABAD
110. RFA-1486-2006 STATE OF HARYANA AND ANR V/S OM PARKASH AND ORS
111. RFA-1488-2006 STATE OF HARYANA AND ANR V/S AMAR NATH
112. RFA-1489-2006 STATE OF HARYANA AND ANR V/S ISHWAR DASS
113. RFA-1490-2006 STATE OF HARYANA AND ANR V/S JAGGEET SINGHAND ORS
114. RFA-1729-2006 STATE OF HARYANA AND ANR V/S MADAN MOHAN LAL
115. RFA-1730-2006 STATE OF HARYANA AND ANR V/S BHARPAI AND ORS
116. RFA-1731-2006 STATE OF HARYANA AND ANR V/S PURAN AND ANR
117. RFA-2645-2006 STATE OF HARYANA AND ANR V/S SAHI RAM AND ORS
118. RFA-2667-2006 STATE OF HARYANA AND ANR. V/S GABDU AND ORS
119. RFA-2668-2006 STATE OF HARYANA AND ANR V/S ANIL AND ANR
120. RFA-2669-2006 STATE OF HARYANA AND ANR. V/S CHANDER BHAN AND ORS
121. RFA-2670-2006 STATE OF HARYANA AND ANR V/S PARMOD KUMAR AND ORS
122. RFA-2673-2006 STATE OF HARYANA AND ANR V/S AMRTI AND ORS RFA No.1283 of 2005 8
123. RFA-2675-2006 STATE OF HARYANA AND ANR V/S MAHENDER SINGH AND ORS
124. RFA-2676-2006 STATE OF HARYANA AND ANR V/S DALIP SINGH AND ORS
125. RFA-2677-2006 STATE OF HARYANA AND ANR V/S NIRANJAN DEVI AND ANR
126. RFA-2678-2006 STATE OF HARYANA AND ANR V/S DEEP CHAND AND ORS
127. RFA-2681-2006 STATE OF HARYANA AND ANR V/S SHANTI DEVI AND ORS
128. RFA-2688-2006 STATE OF HARYANA AND ANR V/S KRISHAN AND ORS
129. RFA-2689-2006 STATE OF HARYANA AND ANR V/S SMT.
CHHOTO AND ORS
130. RFA-2690-2006 STATE OF HARYANA AND ANR V/S UDEY BHAN AND ORS
131. RFA-2691-2006 STATE OF HARYANA AND ANR V/S LAXMI NARAYAN AND ORS
132. RFA-2692-2006 STATE OF HARYANA AND ANR V/S DALBIR AND ORS
133. RFA-2695-2006 STATE OF HARYANA AND ANR V/S ATTAR SINGH AND ORS
134. RFA-2696-2006 STATE OF HARYANA AND ANR V/S SHRI RAM AND ORS
135. RFA-2891-2006 STATE OF HARYANA AND ANR. V/S SMT.
SHANTI DEVI AND ORS
136. RFA-3116-2006 STATE OF HARYANA AND ANR V/S SURESH AND ORS
137. RFA-3347-2006 STATE OF HARYANA AND ANR V/S SAME SINGH
138. RFA-3802-2006 SHRI KISHAN AND ANR. V/S STATE OF HARYANA AND ORS
139. RFA-3962-2006 ANAND PARKESH AND ORS. V/S STATE OF HARYANA AND ANR
140. RFA-4400-2006 SMT. CHHOTO & ORS V/S STATE OF HARYANA AND ORS RFA No.1283 of 2005 9
141. RFA-545-2006 SMT. SHIV DEI & ORS V/S STATE OF HARYANA ETC
142. RFA-1405-2005 RAN SINGH AND ANR. V/S STATE OF HARYANA AND ORS
143. RFA-1560-2005 RAN SINGH AND ORS. V/S STATE OF HARYANA AND ORS
144. RFA-1659-2005 VED SINGH AND ORS. V/S STATE OF HARYANA AND ORS
145. RFA-1991-2005 BHIM SINGH AND ORS V/S STATE OF HARYANA AND ORS
146. RFA-1993-2005 MUKHTIAR SINGH AND ORS V/S STATE OF HARYANA AND ORS
147. RFA-1964-2005 MEER SINGH AND ANR V/S STATE OF HARYANA AND ORS
148. RFA-1983-2005 SMT. SHILLA DEVI AND ANR V/S STATE OF HARYANA AND ORS
149. RFA-1985-2005 RAGHBIR SINGH V/S STATE OF HARYANA AND ORS
150. RFA-1987-2005 DEEP CHAND AND ORS V/S STATE OF HARYANA AND ORS
151. RFA-1988-2005 DEEP CHAND AND ORS V/S STATE OF HARYANA AND ORS
152. RFA-1989-2005 PURAN SINGH V/S STATE OF HARYANA AND ORS
153. RFA-1990-2005 OM PARKASH AND ANR V/S STATE OF HARYANA AND ORS
154. RFA-1992-2005 UMED SINGH AND ORS V/S STATE OF HARYANA AND ORS
155. RFA-1994-2005 UDEY BHAN AND ORS V/S STATE OF HARYANA AND ORS
156. RFA-2738-2005 SHANTI AND ORS V/S STATE OF HARYANA AND ORS
157. RFA-3047-2005 SURESH V/S STATE OF HARYANA AND ORS
158. RFA-3048-2005 SHANTI DEVI AND ORS V/S STATE OF HARYANA AND ANR RFA No.1283 of 2005 10
159. RFA-3196-2005 MAHENDER SINGH AND ORS V/S STATE OF HARYANA AND ORS
160. RFA-4399-2006 ATTAR SINGH AND ORS V/S STATE OF HARYANA AND ORS
161. RFA-3035-2005 SMT. PREM RATHEE AND ORS V/S STATE OF HARYANA AND ORS
162. RFA-3037-2005 ASHWANI AND ORS V/S STATE OF HARYANA AND ORS
163. RFA-902-2006 STATE OF HARYANA AND ANR V/S SMT.
SHKUNTALA DEVI AND ANR
164. RFA-903-2006 STATE OF HARYANA AND ANR V/S RAMBHAJ AND ORS
165. RFA-905-2006 STATE OF HARYANA AND ANR V/S MEHTAB SINGH AND ORS
166. RFA-907-2006 STATE OF HARYANA AND ANR V/S KISHORI LAL AND ORS
167. RFA-909-2006 STATE OF HARYANA AND ANR V/S JOGINDER SINGH AND ORS
168. RFA-912-2006 STATE OF HARYANA AND ANR V/S SMT.
SHEELA DEVI AND ANR
169. RFA-916-2006 STATE OF HARYANA AND ANR V/S YASHBIR SINGH AND ANR
170. RFA-917-2006 STATE OF HARYANA AND ANR V/S RATTAN SINGH AND ANR
171. RFA-926-2006 STATE OF HARYANA AND ANR V/S ANAND KUMAR AND ORS
172. RFA-932-2006 STATE OF HARYANA AND ANR V/S VED PARKASH AND ORS
173. RFA-933-2006 STATE OF HARYANA AND ANR V/S RAJ SINGH AND ANR
174. RFA-934-2006 STATE OF HARYANA AND ANR V/S KULDEEP AND ANR
175. RFA-939-2006 STATE OF HARYANA AND ANR V/S DHUP SINGH AND ORS
176. RFA-944-2006 STATE OF HARYANA AND ANR V/S HUKAM AND ANR RFA No.1283 of 2005 11
177. RFA-945-2006 STATE OF HARYANA AND ANR V/S RISHI DATT AND ORS
178. RFA-951-2006 STATE OF HARYANA AND ANR V/S RAMESH AND ORS
179. RFA-952-2006 STATE OF HARYANA AND ANR V/S AZAD SINGH AND ANR
180. RFA-953-2006 STATE OF HARYAN AND ANR V/S SMT.
RADHA DEVI AND ANR
181. RFA-956-2006 STATE OF HARYANA AND ANR V/S SMT.
SHANTI AND ANR
182. RFA-958-2006 STATE OF HARYANA AND ANR V/S JAI BHAGWAN AND ANR
183. RFA-959-2006 STATE OF HARYANA AND ANR V/S JEET SINGH AND ANR
184. RFA-960-2006 STATE OF HARYANA AND ANR V/S GORDHAN AND ANR
185. RFA-961-2006 STATE OF HARYANA AND ANR V/S NARENDER SINGH AND ORS
186. RFA-963-2006 STATE OF HARYANA AND ANR V/S ANIL KUMAR SOMANI AND ORS
187. RFA-965-2006 STATE OF HARYANA AND ANR V/S JAGBIR AND ANR
188. RFA-1191-2006 STATE OF HARYANA AND ANR V/S SMT.
MOTI RAM AND ORS
189. RFA-4212-2006 SURJAN V/S STATE OF HARYANA AND ORS
190. RFA-1414-2006 STATE OF HARYANA AND ANR V/S RAJ MOHINDER SINGH RATHEE AND ORS
191. RFA-1963-2005 NET RAM AND ORS V/S STATE OF HARYANA AND ORS
192. RFA-1966-2005 RAM MEHAR AND ORS V/S STATE OF HARYANA AND ORS
193. RFA-1982-2005 SATBIR SINGH AND ANR V/S STATE OF HARYANA AND ORS
194. RFA-1984-2005 MUKHTIAR SINGH AND ORS V/S STATE OF HARYANA AND ORS RFA No.1283 of 2005 12
195. RFA-2413-2005 PEHLAD SINGH V/S STATE OF HARYANA AND ORS
196. RFA-2682-2006 STATE OF HARYANA AND ANR V/S GYATARI DEVI AND ANR
197. RFA-2679-2006 STATE OF HARYANA AND ANR V/S RISALO AND ORS
198. RFA-2680-2006 STATE OF HARYANA AND ANR V/S GABDU AND ORS
199. RFA-2683-2006 STATE OF HARYANA AND ANR V/S VINOD KUMAR MADAN AND ORS
200. RFA-2684-2006 STATE OF HARYANA AND ANR V/S OM PARKASH HOODA AND ANR
201. RFA-2685-2006 STATE OF HARYANA AND ANR V/S SMT.
BIMLA DEVI AND ANR
202. RFA-2686-2006 STATE OF HARYANA AND ANR V/S SURINDER SINGH AND ANOTHER.
203. RFA-2687-2006 STATE OF HARYANA AND ANR V/S SUKHBIR SINGH AND ORS
204. RFA-2693-2006 STATE OF HARYANA AND ANR V/S BANI SINGH AND ANR
205. RFA-2694-2006 STATE OF HARYANA AND ANR V/S GANGA DHAR AND ANR
206. RFA-2697-2006 STATE OF HARYANA AND ANR V/S SURJAN AND ANR
207. RFA-2889-2006 STATE OF HARYANA AND ANR V/S SURENDER SINGH AND ANR
208. RFA-2890-2006 STATE OF HARYANA AND ANR V/S SMT.
RAMA DEVI AND ANR
209. RFA-3935-2006 MIR SINGH AND ORS V/S STATE OF HARYANA AND ORS
210. RFA-4213-2006 MAHA SINGH RATHEE AND ORS V/S STATE OF HARYANA AND ORS
211. RFA-4214-2006 KRISHAN AND ANR V/S STATE OF HARYANA AND ORS
212. RFA-358-2007 RAM CHANDER AND ORS V/S STATE OF HARYANA AND ANR
213. RFA-1469-2006 STATE OF HARYANA AND ANR V/S SMT.
URIMALA DEVI AND ORS RFA No.1283 of 2005 13
214. RFA-1725-2006 STATE OF HARYANA AND ANR V/S SMT.
VED KAUR AND ORS
215. RFA-2663-2006 STATE OF HARYANA AND ANR V/S ANIL KUMAR AND ORS
216. RFA-2664-2006 STATE OF HARYANA AND ANR V/S MUKESH
217. RFA-2665-2006 STATE OF HARYANA AND ANR V/S RAGBIR SINGH
218. RFA-2666-2006 STATE OF HARYANA AND ANR V/S MAHENDER SINGH AND ANR
219. RFA-1727-2006 STATE OF HARYANA AND ANR V/S SMT.
SHANTI AND ANR
220. RFA-1732-2006 STATE OF HARYANA AND ANR V/S SULTAN AND ORS
221. RFA-1733-2006 STATE OF HARYANA AND ANR V/S SANJAY CHADHA
222. RFA-1726-2006 STATE OF HARYANA AND ANR V/S M/S ANAND MEDICOS P LTD.
223. RFA-1728-2006 STATE OF HARYANA AND ANR V/S SMT.
KASTURI AND ORS
224. RFA-1456-2006 STATE OF HARYANA AND ANR V/S SMT.
BHUPINDER KAUR
225. RFA-2662-2006 STATE OF HARYANA AND ANR V/S OM PARKASH
226. RFA-2671-2006 STATE OF HARYANA AND ANR V/S HARI SINGH
227. RFA-2674-2006 STATE OF HARYANA AND ANR V/S MADAN MOHAN LAL
228. RFA-2672-2006 STATE OF HARYANA AND ANR V/S SMT.
KRISHNA KUMARI
229. RFA-1457-2006 STATE OF HARYANA AND ANR V/S CHOTTU RAM
230. RFA-1464-2006 STATE OF HARYANA AND ANR V/S JAI SINGH AND ANOTHER
231. RFA-1482-2006 STATE OF HARYANA AND ANR V/S SMT.
ANITA DEVI AND ANR RFA No.1283 of 2005 14
232. RFA-1487-2006 STATE OF HARYANA AND ANR V/S OM PARKASH AND ORS
233. RFA-1559-2006 STATE OF HARYANA AND ANR V/S SMT.
SHANTI DEVI AND ORS
234. RFA-1655-2005 SARUP SINGH AND ORS V/S STATE OF HARYANA AND ORS
235. RFA-1656-2005 DEVI SINGH AND ORS V/S STATE OF HARYANA AND ORS
236. RFA-1657-2005 DHARAM SINGH AND ORS. V/S STATE OF HARYANA AND ORS.
237. RFA-1658-2005 BED SINGH AND ORS. V/S STATE OF HARYANA AND ORS.
238. RFA-1887-2005 JAI KISHAN AND ANR V/S STATE OF HARYANA AND ANR
239. RFA-2033-2005 JOGINDER SINGH AND ORS V/S STATE OF HARYANA AND ORS
240. RFA-1717-2005 BASANTI DEVI AND ORS V/S STATE OF HARYANA AND ORS.
241. RFA-1531-2005 SARUP SINGH AND ORS. V/S STATE OF HARYANA AND ORS.
242. RFA-3099-2008 SMT. SONA DEVI AND ORS V/S STATE OF HARYANA AND ANR
243. RFA-1406-2005 MEHTAB SINGH AND ANR V/S STATE OF HARYANA AND ORS
244. RFA-1573-2005 RAGHUBIR SINGH V/S STATE OF HARYANA AND ANR
245. RFA-1943-2005 OM PRAKASH AND ORS V/S STATE OF HARYANA AND ANR
246. RFA-2018-2005 SMT. KUSTURI AND ORS V/S STATE OF HARYANA AND ANR
247. RFA-2144-2005 CHOTTU RAM V/S STATE OF HARYANA AND ANR
248. RFA-81-2006 RAM KISHAN V/S STATE OF HARYANA AND ORS
249. RFA-3402-2006 STATE OF HARYANA AND ANR V/S ASHWANI AND ORS RFA No.1283 of 2005 15
250. RFA-4454-2008 SURESH AND ORS V/S STATE OF HARYANA AND ORS
251. RFA-5319-2008 SAHI RAM AND ORS V/S STATE OF HARYANA AND ORS
252. CROSS OBJECTION NO. 21-C OF 2010 IN RFA-
1469-2006 CORAM : - HON'BLE MR. JUSTICE K.C.PURI. Present : Mr. S.D.Bansal, Advocate and Mr. Ashish Bansal, Advocate for the appellants. Mr. Himanshu Raj, Assistant Advocate General, Haryana. Mr. R.A.Yadav, Advocate and Mr. Sandeep K.Sharma, Advocate.
Mr. Ramesh Hooda, Advocate, Mr. Y.P.Malik, Advocate.
Mr. Sandeep Kotla, Advocate.
Mr. G.S.Hooda, Advocate with Mr. Rajiv Kumar Saini, Advocates for Mr. Ravinder Hooda, Advocate.
K.C.PURI. J.
By this common order, I intend to dispose of RFA No. 1283 of 2005 to RFA No. 1288 of 2005, RFA No.1574 of 2005, RFA No.1623 to RFA No. 1625 of 2005, RFA No. 1718 of 2005, RFA No. 1962 of 2005, RFA No. 1944 of 2005, RFA No. 1965 of 2005, RFA No. 1986 of 2005, RFA No. 1997 of 2005, RFA No. 1998 of 2005, RFA No. 2008 of 2005 to RFA No. 2017 of 2005, RFA No. 2030 of 2005, RFA No. 2412 of 2005, RFA No. 2587 of 2005, RFA No. 2589 of 2005, RFA No. 2590 of 2005, RFA No. 2703 of 2005, RFA No. 2737 of 2005, RFA No. 3036 of 2005, RFA No. 3038 of 2005, RFA No. 901 of 2006, RFA No. 904 of RFA No.1283 of 2005 16 2006, RFA No. 906 of 2006, RFA No. 908 of 2006, RFA No. 910 of 2006, RFA No. 911 of 2006, RFA No. 913 of 2006 to RFA No. 915 of 2006 , RFA No. 918 of 2006 to RFA No. 925 of 2006, RFA No. 927 of 2006 to RFA No. 931 of 2006, RFA No. 935 of 2006 to RFA No. 938 of 2006, RFA No. 940 of 2006 to RFA No. 943 of 2006, RFA No. 946 of 2006 to RFA No. 950 of 2006, RFA No. 954 of 2006, RFA No. 955 of 2006 , RFA No. 957 of 2006, RFA No. 962 of 2006, RFA No. 964 of 2006, RFA No. 1192 of 2006 to RFA No. 1194 of 2006, RFA No. 1411 of 2006 to RFA No. 1413 of 2006, RFA No. 1454 of 2006, RFA No. 1455 of 2006, RFA No. 1458 of 2006 to RFA No. 1463 of 2006, RFA No. 1465 of 2006 to RFA No. 1468 of 2006, RFA No. 1470 of 2006 to RFA No. 1481 of 2006, RFA No. 1483 of 2006 to RFA No. 1486 of 2006, RFA No. 1488 of 2006 to RFA No. 1490 of 2006, RFA No. 1729 of 2006 to RFA No. 1731 of 2006, RFA No. 2645 of 2006, RFA No. 2667 of 2006 to RFA No. 2670 of 2006, RFA No. 2673 of 2006, RFA No. 2675 of 2006 to RFA No. 2678 of 2006, RFA No. 2681 of 2006, RFA No. 2688 of 2006 to RFA No. 2692 of 2006, RFA No. 2695 of 2006, RFA No.2696 of 2006, RFA No. 2891 of 2006, RFA No. 3116 of 2006, RFA No. 3347 of 2006, RFA No. 3802 of 2006, RFA No. 3962 of 2006, RFA No. 4400 of 2006, RFA No. 545 of 2006, RFA No. 1405 of 2005, RFA No. 1560 of 2005, RFA No. 1659 of 2005, RFA No. 1991 of 2005, RFA No. 1993 of 2005, RFA No. 1964 of 2005, RFA No. 1983 of 2005, RFA No. 1985 of 2005, RFA No. 1987 of 2005 to RFA No. 1990 of 2005, RFA No. 1992 of 2005, RFA No. 1994 of 2005, RFA No. 2738 of 2005, RFA No. 3047 of 2005, RFA No. 3048 of 2005, RFA No. 3196 of 2005, RFA No. 4399 of 2006, RFA No. 3035 of 2005, RFA No.1283 of 2005 17 RFA No. 3037 of 2005, RFA No. 902 of 2006, RFA No. 903 of 2006, RFA No. 905 of 2006, RFA No. 907 of 2006, RFA No. 909 of 2006, RFA No. 912 of 2006, RFA No. 916 of 2006, RFA No. 917 of 2006, RFA No. 926 of 2006 , RFA No. 932 of 2006 to RFA No. 934 of 2006, RFA No. 939 of 2006, RFA No. 944 of 2006, RFA No. 945 of 2006, RFA No. 951 of 2006 to RFA No. 953 of 2006, RFA No. 956 of 2006, RFA No. 958 of 2006 to RFA No. 961 of 2006, RFA No. 963 of 2006, RFA No. 965 of 2006, RFA No. 1191 of 2006, RFA No. 4212 of 2006, RFA No. 1414 of 2006, RFA No. 1963 of 2005, RFA No. 1966 of 2005, RFA No. 1982 of 2005, RFA No. 1984 of 2005, RFA No. 2413 of 2005, RFA No. 2682 of 2006, RFA No. 2679 of 2006, RFA No. 2680 of 2006, RFA No. 2683 of 2006 to RFA No. 2687 of 2006, RFA No. 2693 of 2006, RFA No. 2694 of 2006, RFA No.2697 of 2006, RFA No. 2889 of 2006, RFA No. 2890 of 2006, RFA No. 3935 of 2006, RFA No. 4213 of 2006, RFA No. 4214 of 2006, RFA No. 358 of 2007, RFA No.1469 of 2006, RFA No. 1725 of 2006, RFA No. 2663 of 2006 to RFA No. 2666 of 2006, RFA No. 1727 of 2006, RFA No. 1732 of 2006, RFA No. 1733 of 2006, RFA No. 1726 of 2006, RFA No. 1728 of 2006, RFA No. 1456 of 2006, RFA No. 2662 of 2006, RFA No. 2671 of 2006, RFA No. 2674 of 2006, RFA No. 2672 of 2006, RFA No. 1457 of 2006, RFA No.1464 of 2006, RFA No. 1482 of 2006, RFA No. 1487 of 2006, RFA No. 1559 of 2006, RFA No. 1655 of 2005 to RFA- 1658-2005, RFA No.1887 of 2005, RFA No.2033 of 2005, RFA No.1717 of 2005, RFA No.1531 of 2005, RFA No.3099 of 2008, RFA No.1406 of 2005, RFA No.1573 of 2005, RFA No.1943 of 2005, RFA No.2018 of 2005, RFA No.2144 of 2005, RFA No.81 of 2006, RFA No.3402 of RFA No.1283 of 2005 18 2006, RFA No.5319 of 2008, RFA No.4454 of 2008 and cross- objection No.21C1 of 2010 in RFA No.1469 of 2006 have been preferred by the petitioners-land owners for enhancement of the compensation amount whereas State has preferred appeals for setting aside of the impugned Award/judgment dated 7.2.2005 passed by learned Additional District Judge. All the aforesaid cases have been arisen from two different awards i.e. Award No.3 dated 24.5.1995 and Award No.4 dated 21.5.1995 passed by Land Acquisition Collector, Hisar pertaining to the same acquisition. For convenience facts are being taken from RFA No.1283 of 2005.
Brief facts of the case are as under :-
Regarding Award No.3 of 24.5.1998.
The Haryana Government vide Notification No. LAC(H)- 95/117 dated 26.5.1995 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") notified land regarding Award No.3 dated 24.5.1998, which was required by the Government, at public expenses for public purposes for development and utilization of land for residential and commercial purposes in Sector 2 of Bahadurgarh. Subsequently, notification No. LAC(H)-96/141 dated 24.5.1996 was published in the Haryana Government (Extraordinary Gazette) of the same date under Section 6 of the Act. The Government notified that the land measuring 179.83 acres , which is subject matter of the Award was needed by the Government, for public purpose, namely, for the development and utilization of land for residential and commercial area in Sector 2- RFA No.1283 of 2005 19
Bahadurgarh, under Haryana Urban Development Authority (in short - HUDA) in the revenue estate of Village Bahadurgarh Hadbast No.38 Tehsil Bahadurgarh, District Rohtak.
The Land Acquisition Collector after considering the case of the appellants and its locality and potentiality of acquired land, fixed the rate of Rs.4,75,000/- per acre regarding the land situated on Bahadurgarh- Jhajjar road upto the depth of three acres; Rs.2,50,000/- per acre for Nehri/Chahi land and Rs.2,00,000/- per acre for barani and other land. Regarding Award No.4 of 24.5.1998.
The Haryana Government vide Notification No. LAC (H)-95/117 dated 26.5.1995 under Section 4 of the Act, (which is subject matter of Award No.4), notified land was required by the Government for public purposes i.e. for development and utilization of land as residential and commercial in Sector -2 Bahadurgarh in the revenue estate of village Sarai Aurangabad HB No.44, Tehsil Bahadurgrarh. Subsequently, notification No. LAC(H)-96/141 dated 24.5.1996 was published in the Haryana Government (Extraordinary Gazette) of the same date under Section 6 of the Act. The Government declared that the land in village-Bahadurgarh for a public purpose as mentioned above, notified that the land measuring 62.39 acres, which is subject matter of the Award was needed by the Government, for public purpose, development and utilization of land as construction of Sector roads, under Haryana Urban Development Authority (in short - HUDA).
The land-owners as well as other interested persons were required to file claims, demanding compensation for their land. They RFA No.1283 of 2005 20 demanded compensation of the land under acquisition between Rs.25,00,000/- to Rs.50,00,000/- per acre.
For proper adjudication of the matter and to arrive at the conclusion about the market value of the land under acquisition, the Land Acquisition collector visited the spot and considered its location and potentiality and fixed the rate of Rs.4,75,000/- per acre regarding the land situated on Bahadurgarh-Jhajjar Road upto the depth of three acre; Rs.2,50,000/- per acres for Nehri/chahi land and Rs.2,00,000/- per acre for barani and other land. The land-owners felt dissatisfied with the aforesaid Award No.4 dated 21.5.98 and applied to the Land Acquisition Collector to refer their cases under Section 18 of the Act for determination of actual market value.
It has been claimed by the land owners that fair deal has not been meted out with them by the Land Acquisition Collector. The acquired land forms part of Tehsil Bahadurgarh District and is situated at the gateway of capital of India between Delhi-Rohtak and National Highway No.10 and the same is situated in the heart of the city just adjacent to the Sector 6 Urban Estate, Bahadurgarh. The land has substantial potential value for development as residential and commercial purposes. The acquired land is yielding three crops in a year and the compensation of tubewell and rooms etc. should be also awarded. In view of the situation and potentiality of the land, various commercial establishments have come into existence.
On the other hand, it has been pleaded on behalf of State of Haryana Urban Development Authority, Hisar that due compensation had been paid to the land-owners. The Land Acquisition Collector had been RFA No.1283 of 2005 21 quite fair and reasonable in assessing the value of the acquired pieces of land. All the factors provided under the Act, which are essential for just determination of the market value of the land, were taken into consideration including rates supplied by District Collector. The Land Acquisition Collector had also given due consideration to the trend of sudden rise in the prices of the land.
Following issues were framed for adjudication:-
1. What was the market value of the acquired land on the date of Notification under Section 4 of the Land Acquisition Act? OPP
2. If issue No. 1 is proved whether the petitioners are entitled to enhancement of compensation, if so, how much? OPP.
3. Whether the petitions are not maintainable in the present form? OPR
4. Relief.
The trial Court, after appraisal of the evidence, held that market value of the acquired pieces of land at the rate of Rs.5,25,000/- per acre on Bahadurgarh-Jhajjar Road upto the depth of three acres at the rate of Rs.3,00,000/- per acre regarding Nehri/Chahi land and at the rate of Rs.2,50,000/- per acre regarding barani and other land. The petitioners/land-owners were held entitle to solatium at the rate of 30 percent of the compensation amount under Section 23(2) of the Act. They were further held entitled to additional amount at the rate of 12% per annum of the compensation amount from the date of publication of Notification under Section 4 of the Act till the date of Award or taking over RFA No.1283 of 2005 22 the possession of the land, whichever is earlier.
They shall also be held entitled to the interest at the rate of 9% per annum for the period of one year from the date of taking over possession and at the rate of 15% per annum for subsequent period till the payment of the aforesaid amount less the amount already paid.
Still feeling dissatisfied with the above said Award, the appellants have preferred their respective appeals.
I have heard learned counsel for the parties and have minutely gone through the records of the case with their help.
Learned counsel for the appellants has submitted that the learned Additional District Judge, Jhajjar, while determining the market value in LAC No.8 of 2001/04 titled as Same Singh vs. State of Haryana decided on 7.2.2005 has relied upon the Award dated 31.1.2005 in LAC No.57 of 2000 titled as Suresh Kumar State of Haryana. The market value in later award was assessed by the Additional District Judge @ Rs.5,25,000/- per acre on Bahadurgarh-Jhajjar road upto the depth of 3 acres and @ Rs.3,00,000/- per acre regarding Nehri/Chahi and Rs.2,50,000/- per acre regarding barani and other land. It has been further observed by the Tribunal that since by the same notification the land of village Sarai Aurangabad i.e. acquired land in the present case as well as land of Bahadurgarh was acquired by HUDA for the same purposes i.e. for residential and commercial purposes for carving out Sector 2 of Bahadugarh, so, the same amount was granted by the learned Additional District Judge, in the present case. It is submitted that notification under Section 4 of the Act dated 8.4.1991 was issued by State of Haryana for RFA No.1283 of 2005 23 acquiring land measuring 4.30 acre in the area of Bahadurgarh for construction of road intervening the land of sector 2 as well as Sector 6 and
7. The land owners preferred references and ultimately this High Court in RFA No.792 of 1996 decided on 6.11.2009 (decided by Hon'ble Mr.Justice Vinod K.Sharma) assessed the market value @ Rs.7,43,000/- per acre along with statutory benefits. The said judgment is recent judgment and is a most material piece of evidence for determining the market value. In that case, whole of the land was taken as one unit and the potentiality of the land has been taken that of residential and commercial. So, it was observed by this Court in the said judgment dated 6.11.2009, that bifurcation of land as nehri and gair mumkin etc is unwarranted and uncalled for and uniform rate of Rs.7,43,000/- per acre has been given. The reliance by this Court has been placed on sale deed Ex.PA dated 28.2.1989 in the said case. The property covered by Ex.PA was three acre away from the land acquired for the construction of road intervening sector 2 and sectors 6 and 7. The rate according to the Ex.PA comes to Rs.11,15,098/- per acre. The same sale deed has been produced in the present case as Ex.P-5. The land covered by Ex.PA in the judgment dated 6.11.2009 and the sale deed Ex.P-5 in the present case is just adjacent to the acquired land. So, in these circumstances, the uniform rate of Rs.7,43,000/- per acre has been prayed for. It is further contended that sectors 6 and 7 have already been developed by HUDA. The land in dispute has been acquired for carving out Sector 2 within the municipal limits, which is just opposite to Sector 6 and 7. The land is situated on Delhi - Bahadurgarh National Highway. Satbir Singh Patwari (RW-1) has stated that Housing Board Colony, Petroleum Housing Colony RFA No.1283 of 2005 24 is near the acquired land. The land has potential value for using as housing and commercial projects. The land in dispute is situated in city Bahadurgarh, which is situated in the National Capital Region and is a fast growing city and is just 40-45 k.ms., away from Delhi Bus stand. The area of Delhi just starts from Bahadurgarh. There was abadi, close to the bus stand around about Delhi-Rohtak road, which is congested one. Rohtak is towards west and Delhi is towards east of the acquired land. The industrial area has been started from Sarai village upto Bahadurgarh. So, the land has a great potential value. So, the learned trial Court should have granted the amount of compensation as claimed by the appellants.
Learned counsel for the appellants has further contended that the learned Additional District Judge, has allowed compensation at more rates in respect of land up to the depth of three acres on National Highway Jhajjar-Bahadurgarh road. From the perusal of the map Ex.P-33, it is clear that land of Ram Niwas son of Suraj Bhan, Chalti Devi wife of Kartar Singh, Hari Singh, Sube Singh son of Mange Ram and Om Parkash son of Mange Ram and Radha Devi wife of Krishan Chander is situated on Beri Bahadurgarh road and that road ultimately merged into National Highway Jhajjar-Bahadurgarh road. In case, the Court is not inclined to accept the prayer of the appellants that uniform rate as per judgment dated 6.11.2009 in RFA No.792 of 1996 is not applicable in that case, the land owners whose land is situated on Beri Bahadurgarh road are entitled to same rate upto the depth of 3 acres as that of land situated in Jhajjar-Bahadurgarh road or in the alternative some lessor rate than that of land situated on that road.
RFA No.1283 of 2005 25
In reply to above noted contentions, learned State counsel has submitted that the Award in RFA No.792 of 1996 cannot be made basis to draw any benefit as the land acquired in the said reference is for the construction of road intervening sector 2 on one side and sectors 6 and 7 on other side. The depth of the said land is only few karms and less than three acres. The land situated on National Highway carries more value than the land situated away from the National Highway. It is further contended that so far as the arguments advanced by the learned counsel for the appellants to the effect that the land owners whose land is situated on Beri Bahadurgarh road cannot be given same price as the said road is merely link road. The potential of land situated on the National Highway shall be admittedly much more than the land situated in a link road. It is further contended that land for setting up sectors 9 and 9-A at Bahadurgarh was acquired. The Notification under Section 4 of the Act in the said case was dated 12.5.1995. The learned Additional District Judge, assessed the compensation @ Rs.6,50,600/- per acre upto the depth of 3 acres of land situated on Delhi-Hisar road National Highway whereas the market value of land was assessed @ Rs.4,50,000/- per acre in respect of land situated on Beri Bahadurgarh road whereas the market value of nehri land was assessed as Rs.3,00,000/- per acre and market value of barani land was assessed @ Rs.2,50,000/- per acre. The land owners filed Regular First Appeals numbering 484 including RFA No.1 of 2006 onwards. The said RFAs numbering 484 were decided by the common judgment by this High Court vide order dated 10.2.2009 (decided by Hon'ble Mr.Justice Rajesh Bindal). The land upto the depth of 3 acres on Delhi-Hisar road was RFA No.1283 of 2005 26 assessed @ Rs.150/- per square yard i.e. @ Rs.7,26,000/- per acre whereas the market value of land situated on Beri -Bahadurgarh road was assessed @ Rs.100/- per square yard i.e. @ Rs.4,84,000/- per acre whereas the market value of the remaining land was assessed @ Rs.65/- per acre i.e. @ Rs.3,14,600/- per acre. The purposes of the land in that acquisition was the same i.e. for setting up sector 9 and 9-A for residential and commercial purposes. So, the prayer has been made for dismissal of the appeals.
I have given my thoughtful consideration to the rival submissions made by both the sides and have gone through the records of the case.
The controversy in the present appeals has been narrowed down to the extent whether the land owners are entitled to compensation as assessed by this Court in RFA No.792 of 1996 decided on 6.11.2009 vide which market value has been assessed @ Rs.7,43,000/- per acre in respect of whole of the land acquired or the land owners are entitled to compensation in accordance with Award impugned in RFA No.1 of 2006 decided on 10.2.2009. the land assessed in the latter Award is @ Rs.150/- per square yard i.e. @ Rs.7,26,000/- per acre in respect of land situated upto depth of three acres on National Highway and @ Rs.100/- per square yard i.e. @ Rs.4,84,000/- per acre in respect of land situated on link road and @ Rs.65/- per square yard i.e. @ Rs.3,14,600/- per acre for barani land.
Shri Inderjit Mehta, learned Additional District Judge in LAC No.57 of 2000 decided on 31.1.2005 assessed the market value of the acquired land @ Rs.5,25,000/- per acre on Bahadurgarh -Jhajjar road upto the depth of three acres and @ Rs.3,00,000/- regarding nehri land and Rs.2,50,000/- per acre in respect of barani land. The land owners, aggrieved RFA No.1283 of 2005 27 by the said land acquisition reference No.57 of of 2000 dated 31.1.2005 have preferred the present appeals. Shri Inderjit Mehta, learned Additional District Judge, Jhajjar in LAC No.8 of 2001 decided on 7.2.2005, determined the market value of the land similar to that of LAC No.57 of 31.1.2005, while relying upon the said Award. The land owners aggrieved by the said Award dated 7.2.2005, have also preferred appeals. Since, the land covered under both the Awards i.e. dated 31.1.2005 and 7.2.2005 involved is in respect of Award No.3 and 4, the detailed of which is given above and has been acquired for the sole purpose i.e. for the setting up sector No.2 at Bahadurgarh and as such all these appeals are being disposed of with the common order.
The land covered by RFA No.792 of 1996 involved 4.30 acres of land, which was equivalent to 6 bighas 17 biswas 11 biswansi. The said land was acquired for the purposes of construction of intervening road between Sector 2 on one side i.e. subject matter of acquisition and sectors 6 and 7 on the other side. The land acquired for road is in a long strip and this Court allowed uniform rate @ Rs.7,43,000/- per acre vide the said award. However, the land covered by sector 2 of Bahadurgarh is a big chunk of land i.e. 242.22 acre ( 179.83acres + 62.39acres) by the impugned Awards. The land covered by RFA No.1 of 2006 decided on 10.2.2009 by this Court is also a big chunk of land and the purpose of that acquisition is also similar to that of present acquisition i.e. for setting up sector 9 and 9-A in Bahadurgarh and for housing and commercial purposes. The argument advanced by counsel for the appellants to the effect that the same rate should be allowed in respect of land situated on the main road and other RFA No.1283 of 2005 28 situated roads does not carry weight and cannot be accepted.
On the other hand, the argument advanced by counsel for the State and HUDA to the effect that upto the depth of 3 acres of land situated on Highway is more valuable and that land situated on link road is less value than that of land situated on Highway, carries weight and has to be accepted.
There is a rational behind the award dated 10.2.2009 as the potential value of the land situated on highway upto the depth of three acres is more as the same can be used for the commercial purpose. The sale deed Ex.P-5 dated 28.2.1989 relied upon in the present case, is the same which (sale deed) has been discussed in RFA No.792 of 1996 decided on 11.9.2009. However, the fact remains that there is scope for enhancement of compensation keeping in view the potential value of the land acquired.
So, in view of the above discussion all the appeals preferred by the land owners stands partly accepted as detailed below. The appeal preferred by the State of Haryana/HUDA and cross-objections preferred by HUDA stand dismissed.
The land owners are held entitled to claim the compensation as under :-
(1) at the rate of Rs.150/- per square yard i.e. Rs.7,26,000/- per acre in respect of land situated on Bahadurgarh -Jhajjar road upto the depth of three acres on both sides of the road; (2) at the rate of Rs.100/- per square yard i.e. Rs.4,84,000/- per acre in respect of land situated on Beri-Bahadurgarh road upto the depth of three acres on both sides of the road; (3)at the rate of Rs.65/- per square yard i.e. Rs.3,14,600/- per acre in respect of all other acquired land covered by Award Nos.3 and 4 as detailed above.RFA No.1283 of 2005 29
The land owners are also held entitled to claim statutory benefits on the enhanced amount.
A copy of this judgment be sent to the trial Court for strict compliance.
( K.C.PURI ) JUDGE March 19th, 2010 sv