Punjab-Haryana High Court
Ravi Dutt And Ors vs State Of Haryana And Ors on 17 February, 2025
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2025:PHHC:024635
RFA-1525-2012 (O&M) &
other connected cases -1-
326 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RFA-1525-2012 (O&M)
Date of decision : 17.02.2025
Ravi Dutt and others ...Appellants
Vs.
State of Haryana and another ...Respondents
CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present Mr. Ashwani Talwar, Advocate
Mr. Deepak Goyat, Advocate
for the appellant(s).
Mr. Yashveer Kharb, Advocate for
Mr. S.S. Kharb, Advocate
for the appellant(s) in RFA-763-2012.
Mr. Abhinash Jain, DAG, Haryana
Mr. Pardeep Singh Poonia, Advocate
Mr. Dharampal Saini, Advocate
Mr. Mukul Malik Advocate
Mr. Pulkit Dhanda, Advocate
for respondents-HPGCL.
***
ANIL KSHETARPAL, J. (Oral)
CM-7545-CI-2019
1. This application has been filed under Order 22 Rule 3 read with Section 151 CPC for bringing on record the legal representatives of the appellant No.1-Ravi Dutt.
2. For the reasons mentioned in the application, which is supported 1 of 6 ::: Downloaded on - 01-03-2025 05:19:06 ::: Neutral Citation No:=2025:PHHC:024635 RFA-1525-2012 (O&M) & other connected cases -2- by the affidavit of Sh. Balwan Singh S/o late Sh. Ravi Dutt, the same is allowed subject to all just exceptions and the legal representatives of appellant No.1 are ordered to be taken on record.
3. Amended memo of parties is taken on record.
4. The application stands allowed. Main case
1. With the consent of learned counsel representing the parties, a batch of 21 connected regular first appeals, detail whereof is given at the foot of the judgment, shall stand disposed of by this common order.
2. On 11.02.2025, after hearing learned counsel representing the parties, the following order was recorded:-
"In these cases, the relevant details of the acquisition are as under:-
Suthana Jattol Date of Notification u/s 4 13.07.2005 13.07.2005 Date of notification u/s 6 28.12.2005 28.12.2005 Area 92 Kanal 13 Marla 5 Acre 7 kanal 6 marlas (47 k 6M) Village Suthana Jattol District Panipat Panipat Purpose Green Belt Green Belt LAC award date 24.05.2007 24.05.2007 LAC award Rs.12,50,000/- per acre Rs.12,50,000/- per acre RC award date 25.01.2010 18.10.2011 RC award Rs.14,00,000/- Rs.12,50,000/- upheld, references dismissed
The Land Acquisition Collector awarded compensation at the rate 2 of 6 ::: Downloaded on - 01-03-2025 05:19:07 ::: Neutral Citation No:=2025:PHHC:024635 RFA-1525-2012 (O&M) & other connected cases -3- of Rs.12,50,000/- per acre whereas Reference Court dismissed the reference petitions arising from acquisition of land in village Jattol. With respect to the acquired land located in Village Suthana, the market value was assessed at the rate of Rs.14,00,000/- per acre.
Learned counsel representing the appellants submits that as per policy instructions dated 06.04.2007, minimum floor rate for acquisition of land in rest of Haryana sub division of NCR including Panchkula, an area of Chandigarh Periphery, in the Haryana State, is Rs.16,00,000/- per acre. These policy instructions have been made applicable on all those acquisitions where the award has been announced on or after 22.03.2007, irrespective of the notification under Section 4 dated 22.03.2007 of the Land Acquisition Act, 1894. Para 4 of the aforesaid policy instructions is extracted as under:-
"4. These revised rates will be applicable on all those acquisitions where award has been announced on or after 22.3.2007 irrespective of the date of notification under Section 4 of the Land Acquisition Act, 1894."
Keeping in view the aforesaid facts, the only issue which requires verification is as to when these two villages came within the NCR region.
Learned State counsel has referred to the various sale deeds produced by the parties during the course of evidence by both the parties. Tabulated compilation is extracted as under:-
Evidence of Village Suthana Exhibit No. Dated Village Area Consideration RW1/B 19 07.04.2005 Suthana 8K Rs.2,35,000/- RW1/C 1368 17.11.2005 Suthana 2 A 3 K 5M Rs.5,55,000/- RW1/D 589 30.06.2005 Suthana 19K Rs.30,000/- P1 1862 11.01.2007 Khukrana 2A5M Rs.10,616,563/-
3 of 6 ::: Downloaded on - 01-03-2025 05:19:07 ::: Neutral Citation No:=2025:PHHC:024635 RFA-1525-2012 (O&M) & other connected cases -4- Evidence of Village Jattol Exhibit No. Dated Village Area Consideration RW1/B 8284 31.01.2005 Jattol 23K 15M Rs.10,39,500/- RW1/C 6150 29.11.2004 Jattol 9K 18M Rs.4,33,500/- RW1/D 7750 14.01.2005 Jattol 20K 0M Rs.3,50,000/- P2 1862 11.01.2007 Khukrana 2A 5 M Rs.10,616,563/-
Learned counsel representing the landowners prays for some time to verify the data or the period when both the villages fell within the NCR region.
Adjourned to 17.02.2025.
A photocopy of this order be placed on the files of the other connected cases."
3. Learned State counsel on instructions from Mr. Pankaj Beniwal, District Town Planner, Panipat submits that both the villages fell within the area of National Capital Region (NCR) in 1985. Thus, it is evident that the notification issued by the State Government on 06.04.2007 shall be applicable because the Award in this case was announced by the Land Acquisition Collector on 24.05.2007 with regard to acquisition of land in both the villages. As per the policy decision dated 06.04.2007, the minimum floor rate for acquisition of land in rest of Haryana sub division of NCR including Panchkula, an area of Chandigarh Periphery, in the State of Haryana, is Rs. 16,00,000/- per acre.
4. The land owners have failed to produce a sale deed reflecting higher market value than Rs.16,00,000/- per acre. Since, the State of Haryana has already taken a policy decision to Award minimum floor rate for 4 of 6 ::: Downloaded on - 01-03-2025 05:19:07 ::: Neutral Citation No:=2025:PHHC:024635 RFA-1525-2012 (O&M) & other connected cases -5- acquisition of land falling in NCR @ Rs.16,00,000/- per acre. Hence, the market value is revised to Rs.16,00,000/- per acre. The land owners shall be entitled to all consequential benefits as per amended Land Acquisition Act, 1894.
5. All the regular first appeals are allowed.
6. All the pending miscellaneous applications, if any, are also disposed of.
(ANIL KSHETARPAL)
17.02.2025 JUDGE
neeraj
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
Sr. Case No. Appellant(s) Respondent(s)
No
1. RFA-1525-2012 RAVI DUTT AND ORS STATE OF HARYANA AND ORS
2. RFA-763-2012 DAYANAND AND OTHERS LAND ACQUISITION COLLECTOR
AND OTHERS
3. RFA-1524-2012 SURINDER AND ORS STATE OF HARYANA AND ORS
4. RFA-3049-2010 VISHNU DUTT AND ORS LAND ACQUISITION COLLECTOR
AND ORS
5. RFA-3050-2010 SATISH KUMAR AND ORS. LAND ACQUISITION COLLECTOR
AND ORS.
6. RFA-3051-2010 ROSHAN LAL LAND ACQUISITION COLLECTOR
AND ORS.
7. RFA-3052-2010 OM PARKASH LAND ACQUISITION COLLECTOR
AND ORS.
8. RFA-3053-2010 OM PARKASH AND LAND ACQUISITION COLLECTOR
OTHERS AND ORS.
9. RFA-3054-2010 PALTU AND ORS. LAND ACQUISITION COLLECTOR
AND ORS.
10. RFA-3055-2010 JAYOTI PARSAD LAND ACQUISITION COLLECTOR
AND ORS.
11. RFA-3056-2010 SOM DUTT LAND ACQUISITION COLLECTOR
AND ORS.
5 of 6
::: Downloaded on - 01-03-2025 05:19:07 :::
Neutral Citation No:=2025:PHHC:024635 RFA-1525-2012 (O&M) & other connected cases -6-
12. RFA-3057-2010 SATISH KUMAR AND ORS. LAND ACQUISITION COLLECTOR AND ORS.
13 RFA-3980-2010 LAND ACQUISITION OM PARKASH COLLECTOR AND ORS.
14 RFA-3981-2010 LAND ACQUISITION RATI RAM AND ORS COLLECTOR AND ORS.
15 RFA-3982-2010 LAND ACQUISITION SATISH KUMAR AND ORS.
COLLECTOR AND ORS.
16 RFA-3983-2010 LAND ACQUISITION SOM DUTT COLLECTOR AND ORS.
17 RFA-3984-2010 LAND ACQUISITION JAYOTI PARSAD COLLECTOR AND ORS.
18 RFA-3985-2010 LAND ACQUISITION PALTU AND ORS COLLECTOR AND ORS.
19 RFA-3986-2010 LAND ACQUISITION VISHNU DUTT AND ANR.
COLLECTOR AND ORS.
20 RFA-3987-2010 LAND ACQUISITION OM PARKASH AND ORS.
COLLECTOR AND ORS.
21 RFA-3988-2010 LAND ACQUISITION ROSHAN LAL COLLECTOR AND ORS.
(ANIL KSHETARPAL) JUDGE 17.02.2025 neeraj 6 of 6 ::: Downloaded on - 01-03-2025 05:19:07 :::