Punjab-Haryana High Court
Parchare vs Haryana State And Another on 5 November, 2009
Author: Hemant Gupta
Bench: Hemant Gupta
R.F.A.No.3497 of 1993 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
R.F.A.No.3497 of 1993
Date of Decision : 05.11.2009
Parchare ...Appellant
Versus
Haryana State and another ...Respondents
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
1. Whether Reporters of local papers may be allowed to see the
judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Arun Jain, Sr. Advocate, with
M/s Amit Jain and Chetan Salatia, Advocates,
for the appellant.
Mr. H.S.Hooda, Advocate General, Haryana, with
Mr. Lokesh Sinhal, Addl. Advocate General, Haryana.
HEMANT GUPTA, J. (ORAL)
This order shall also dispose of following other appeals arising out of acquisition of land measuring 367.50 acres situated in Village Bohar, Tehsil and District Rohtak, acquired for public purpose i.e. for development of residential and commercial area in Sector-3, Rohtak:
Sr.No. Case Number Parties Name
1. RFA No.553 of 1993 Madan Gopal Vs. State of Haryana and another
2. RFA No.2477 of 1993 Ram Saran and others Vs. State of Haryana and
others
3. RFA No.2478 of 1993 Nafe Singh and others Vs. State of Haryana and
others
4. RFA No.2479 of 1993 Mange Vs. State of Haryana and another
5. RFA No.2480 of 1993 Parkash and others Vs. State of Haryana and
another
6. RFA No.2546 of 1993 Dhupo Devi and others Vs. State of Haryana and
others
7. RFA No.2549 of 1993 Puran and others Vs. State of Haryana and
another
8. RFA No.2550 of 1993 Prithi Vs. State of Haryana and another
R.F.A.No.3497 of 1993 2
Sr.No. Case Number Parties Name
9. RFA No.2882 of 1993 Jage Ram Vs. State of Haryana and another
10. RFA No.2883 of 1993 Phula and others Vs. State of Haryana and
another
11. RFA No.2884 of 1993 Diwan Singh and another Vs. State of Haryana
and another
12. RFA No.2885 of 1993 Vikram and others Vs. State of Haryana and
another
13. RFA No.2886 of 1993 Sube Singh Vs. State of Haryana and another
14. RFA No. 2887 of 1993 Sama Kaur Vs. State of Haryana and another
15. RFA No. 2888 of 1993 Baryam @ Dariya Vs. State of Haryana and another
16. RFA No. 2889 of 1993 Sukhbir Singh Vs. State of Haryana and another
17. RFA No. 2890 of 1993 Ude Singh Vs. State of Haryana and another
18. RFA No. 2891 of 1993 Datt Singh Vs. State of Haryana and another
19. RFA No. 2892 of 1993 Hukam Singh and others Vs. State of Haryana and another
20. RFA No. 2893 of 1993 Daya Singh Vs. State of Haryana and another
21. RFA No. 2895 of 1993 Smt. Sumitra Devi Vs. State of Haryana and another
22. RFA No. 2896 of 1993 Jora Singh Vs. State of Haryana and others
23. RFA No. 2897 of 1993 Ved Pal and others Vs. State of Haryana and another
24. RFA No. 2910 of 1993 Mir Singh Vs. State of Haryana and another
25. RFA No. 2995 of 1993 Capt. Om Parkash and others Vs. State of Haryana and another
26. RFA No.3034 of 1993 Maha Singh and others Vs. State of Haryana and another
27. RFA No.3035 of 1993 Raj Singh and another Vs. State of Haryana and another
28. RFA No.3106 of 1993 Subh Ram Vs. State of Haryana and another
29. RFA No.3241 of 1993 Ram Chander Vs. State of Haryana and others
30. RFA No.3242 of 1993 Udey Chand Vs. State of Haryana etc.
31. RFA No.3266 of 1993 Raghbir Singh Vs. State of Haryana and another
32. RFA No.3338 of 1993 Ram Karna and others Vs. State of Haryana and others
33. RFA No.3339 of 1993 Chand Singh Vs. State of Haryana and others
34. RFA No.3340 of 1993 Raghunath Vs. State of Haryana etc.
35. RFA No.3341 of 1993 Kapoor Singh Vs. State of Haryana and another
36. RFA No.3342 of 1993 Sumer Singh Vs. State of Haryana and another
37. RFA No.3498 of 1993 Baldeva Vs. State of Haryana and another
38. RFA No.3499 of 1993 Bhim Singh and others Vs. State of Haryana and another
39. RFA No.3500 of 1993 Prit Singh and others Vs. State of Haryana and others R.F.A.No.3497 of 1993 3 Sr.No. Case Number Parties Name
40. RFA No.3501 of 1993 Pohkar Singh Vs. State of Haryana and others
41. RFA No.3511 of 1993 Suraj Mal Vs. State of Haryana and others
42. RFA No.3512 of 1993 Jage and others Vs. State of Haryana and others
43. RFA No.3513 of 1993 Kulbeer Singh and another Vs. State of Haryana and others
44. RFA No.3526 of 1993 Vinod Kumar and others Vs. State of Haryana and another
45. RFA No.3551 of 1993 Charan Singh Vs. State of Haryana etc.
46. RFA No.3616 of 1993 Barji Vs. State of Haryana and others
47. RFA No.3617 of 1993 Jai Singh Vs. State of Haryana and others
48. RFA No.3618 of 1993 Narain Vs. State of Haryana and others
49. RFA No.3619 of 1993 Sant Ram and another Vs. State of Haryana and others
50. RFA No.3620 of 1993 Lakshmi and others Vs. State of Haryana and others
51. RFA No.3621 of 1993 Dhoop Ram and others Vs. State of Haryana and others
52. RFA No.3622 of 1993 Mahabir Vs. State of Haryana and others
53. RFA No.3623 of 1993 Balwan Singh and others Vs. State of Haryana and others
54. RFA No.3624 of 1993 Ran Singh Vs. State of Haryana and others
55. RFA No.3644 of 1993 Bharpai and others Vs. State of Haryana and another
56. RFA No.31 of 1994 Rani Devi Vs. State of Haryana and another
57. RFA No.32 of 1994 Amar Singh and others Vs. State of Haryana and another
58. RFA No.33 of 1994 Sunder Singh Vs. State of Haryana and others
59. RFA No.84 of 1994 Biro and others Vs. State of Haryana and others
60. RFA No.169 of 1994 Meer Singh and another Vs. State of Haryana and another
61. RFA No.170 of 1994 Zile Singh Vs. State of Haryana
62. RFA No.171 of 1994 Bijender Singh and others Vs. State of Haryana and another
63. RFA No.173 of 1994 Anup Singh Vs. State of Haryana and another
64. RFA No.175 of 1994 Bani Singh (deceased through his LRs) Vs. State of Haryana and others
65. RFA No.243 of 1994 Bhima Vs. State of Haryana and another
66. RFA No.302 of 1994 Rukmani Vs. State of Haryana and others
67. RFA No.377 of 1994 Sushil Kumar Vs. State of Haryana
68. RFA No.1002 of 1994 Satvir Vs. State of Haryana and another
69. RFA No.1110 of 1994 Kapoor Singh Vs. State of Haryana and another
70. RFA No.1111 of 1994 Mahabir Singh Vs. State of Haryana and another R.F.A.No.3497 of 1993 4 Sr.No. Case Number Parties Name
71. RFA No.1112 of 1994 Rajinder Kumar Gulati Vs. State of Haryana and another
72. RFA No.1113 of 1994 Neelam Gulati Vs. State of Haryana and another
73. RFA No.1114 of 1994 Madan Gopal Gulati Vs. State of Haryana and another
74. RFA No.1115 of 1994 Giasi Ram Vs. State of Haryana and another
75. RFA No.1116 of 1994 Ashok Kumar Vs. State of Haryana and another
76. RFA No.1117 of 1994 Bhavnesh Kumar Gulati Vs. State of Haryana and another
77. RFA No.1118 of 1994 Subh Ram Vs. State of Haryana and another
78. RFA No.1119 of 1994 Bhupinder Kumar Gulati Vs. State of Haryana and another
79. RFA No.1120 of 1994 Shukal @ Shakuntla Vs. State of Haryana and another
80. RFA No.1121 of 1994 Dr. Sanjiv Nanda Vs. State of Haryana and another
81. RFA No.1941 of 1994 Zile Singh and others Vs. State of Haryana and others
82. RFA No.1942 of 1994 Jai Narain and others Vs. State of Haryana and others
83. RFA No.1943 of 1994 Rajinder Singh and others Vs. State of Haryana and others
84. RFA No.1944 of 1994 Devinder Singh and others Vs. State of Haryana and others
85. RFA No.1945 of 1994 Banwari Lal and others Vs. State of Haryana and others
86. RFA No.2060 of 1994 Suraj Bhan and others Vs. State of Haryana and others
87. RFA No.2237 of 1994 Chander Bhan and others Vs. State of Haryana and others
88. RFA No.2550 of 1994 Ran Singh and others Vs. State of Haryana and another
89. RFA No.1588 of 1995 State of Haryana and another Vs. Sehdev and others
90. RFA No.1589 of 1995 State of Haryana and another Vs.Balbir Singh and others
91. RFA No.1590 of 1995 State of Haryana and another Vs. Jagbir and others
92. RFA No.1591 of 1995 State of Haryana and another Vs.Chander Bhan
93. RFA No.1592 of 1995 State of Haryana and another Vs. Phool Kanwar
94. RFA No.1593 of 1995 State of Haryana and another Vs.Ranbir Singh and others
95. RFA No.1594 of 1995 State of Haryana and another Vs.Kapoor Singh and others
96. RFA No.1595 of 1995 State of Haryana and another Vs. Hari Singh
97. RFA No.1596 of 1995 State of Haryana and another Vs. Smt. Dhanpati R.F.A.No.3497 of 1993 5 Sr.No. Case Number Parties Name
98. RFA No.1597 of 1995 State of Haryana and another Vs.Smt. Sukh Devi and others
99. RFA No.1598 of 1995 State of Haryana and another Vs.Ram Niwas
100. RFA No.1599 of 1995 State of Haryana and another Vs. Chand Singh and others
101. RFA No.1746 of 1995 Balbir Singh and others Vs. State of Haryana and another 102 RFA No.1855 of 1995 Chander Bhan Vs. State of Haryana and others
103. RFA No.545 of 1996 Phool Kanwar and others Vs. State of Haryana and others
104. RFA No.567 of 1996 Phool Kaur Vs. State of Haryana and another
105. RFA No.568 of 1996 Randhir Singh and others Vs. State of Haryana and another
106. RFA No.2100 of 1996 Smt. Sarjo Vs. State of Haryana and another
107. RFA No.2111 of 1996 Reshma Vs. State of Haryana and others
108. RFA No.2230 of 1996 Santosh and others Vs. State of Haryana and others
109. RFA No.193 of 1997 Rajinder Singh Vs. State of Haryana and another
110. RFA No.601 of 1997 Kariya and others Vs. State of Haryana and others
111. RFA No.602 of 1997 Jatinder Sharma and others Vs. State of Haryana
112. RFA No.603 of 1997 Ishwar Dutt and others Vs. State of Haryana and others
113. RFA No.604 of 1997 Mukhtari Devi Vs. State of Haryana and another
114. RFA No.605 of 1997 Jai Narain Vs. State of Haryana and others
115. RFA No.606 of 1997 Jio Vs. State of Haryana
116. RFA No.607 of 1997 Ram Bhagat and others Vs. State of Haryana and others
117. RFA No.608 of 1997 Ram Narain Vs. State of Haryana and others
118. RFA No.609 of 1997 Mange Vs. State of Haryana and another
119. RFA No.617 of 1997 Sukhi Ram and others Vs. State of Haryana and others
120. RFA No.618 of 1997 Anand Singh and others Vs. State of Haryana and another
121. RFA No.619 of 1997 Take Ram and others Vs. State of Haryana and another
122. RFA No.620 of 1997 Om Parkash and others Vs. State of Haryana and others
123. RFA No.621 of 1997 Raghbir Singh and others Vs. State of Haryana and others
124. RFA No.622 of 1997 Randhir Singh and others Vs. State of Haryana and others
125. RFA No.623 of 1997 Sansar Singh and others Vs. State of Haryana and others
126. RFA No.624 of 1997 Ranbir Singh and others Vs. State of Haryana and another
127. RFA No.625 of 1997 Attar Singh Vs. State of Haryana and others R.F.A.No.3497 of 1993 6 Sr.No. Case Number Parties Name
128. RFA No.626 of 1997 Bhagwan Vs. State of Haryana
129. RFA No.627 of 1997 Dharmbir Singh and others Vs. State of Haryana and others
130. RFA No.628 of 1997 Hari Singh Vs. State of Haryana
131. RFA No.629 of 1997 Manphool and others Vs. State of Haryana and others
132. RFA No.630 of 1997 Mauji Ram and others Vs. State of Haryana and others
133. RFA No.636 of 1997 Nawal Singh and another Vs. State of Haryana
134. RFA No.637 of 1997 Mohinder Singh and others Vs. State of Haryana and another
135. RFA No.638 of 1997 Balbir Singh and others Vs. State of Haryana and others
136. RFA No.639 of 1997 Ram Phal and others Vs. State of Haryana
137. RFA No.640 of 1997 Satbir Singh Vs. State of Haryana
138. RFA No.641 of 1997 Hari Singh and others Vs. State of Haryana and others
139. RFA No.642 of 1997 Ruddre Singh and another Vs. State of Haryana and others
140. RFA No.685 of 1997 Than Singh Vs. State of Haryana
141. RFA No.686 of 1997 Hari Singh Vs. State of Haryana
142. RFA No.687 of 1997 Preet Singh Vs. State of Haryana
143. RFA No.692 of 1997 Rajinder Singh Vs. State of Haryana and another
144. RFA No.706 of 1997 State of Haryana and another Vs. Kamal Singh
145. RFA No.707 of 1997 State of Haryana and another Vs. Lt. Col. Suraj Bhan
146. RFA No.708 of 1997 State of Haryana and another Vs. Jage etc.
147. RFA No.709 of 1997 State of Haryana and another Vs. Rajinder Singh and others
148. RFA No.710 of 1997 State of Haryana and another Vs. Davinder Singh and others
149. RFA No.711 of 1997 State of Haryana and another Vs. Rajinder Singh
150. RFA No.712 of 1997 State of Haryana and another Vs. Diwana
151. RFA No.713 of 1997 State of Haryana and another Vs. Smt. Bhateri and others
152. RFA No.714 of 1997 State of Haryana and another Vs. Surender Singh Nandal
153. RFA No.715 of 1997 State of Haryana and another Vs. Umrao
154. RFA No.716 of 1997 State of Haryana and another Vs. Smt. Sarjo
155. RFA No.717 of 1997 State of Haryana and another Vs. Ram Narain and others
156. RFA No.718 of 1997 State of Haryana and another Vs. Santosh and others
157. RFA No.719 of 1997 State of Haryana and another Vs. Dharam Singh and others
158. RFA No.720 of 1997 State of Haryana and another Vs. Hari Ram R.F.A.No.3497 of 1993 7 Sr.No. Case Number Parties Name
159. RFA No.721 of 1997 State of Haryana and another Vs. Smt. Saria and others
160. RFA No.723 of 1997 State of Haryana and another Vs. Mahavir Singh
161. RFA No.724 of 1997 State of Haryana and another Vs. Naik Ishwar Singh
162. RFA No.725 of 1997 State of Haryana and another Vs. Darya
163. RFA No.726 of 1997 State of Haryana and another Vs. Reshma
164. RFA No.727 of 1997 State of Haryana and another Vs. Pt. Jagan Singh
165. RFA No.773 of 1997 Smt. Patasho and others Vs. State of Haryana and others
166. RFA No.774 of 1997 Om Parkash and others Vs. State of Haryana and others
167. RFA No.775 of 1997 Bhoop Singh Vs. State of Haryana and others
168. RFA No.808 of 1997 Randhir Singh Vs. State of Haryana and another
169. RFA No.834 of 1997 Jagjit Singh and others Vs. State of Haryana and others
170. RFA No.854 of 1997 Jai Singh Vs. State of Haryana and others
171. RFA No.858 of 1997 Smt. Giano Vs. State of Haryana and others
172. RFA No.859 of 1997 Zile Singh and others Vs. State of Haryana and others
173. RFA No.860 of 1997 Ishwar Singh and others Vs. State of Haryana and others
174. RFA No.861 of 1997 Dhare etc. Vs. State of Haryana etc.
175. RFA No.880 of 1997 Bijender Singh Vs. State of Haryana and others
176. RFA No.896 of 1997 Mauji and another Vs. State of Haryana and others
177. RFA No.897 of 1997 Kamlesh and others Vs. State of Haryana and others
178. RFA No.995 of 1997 Mayawati and others Vs. State of Haryana and another
179. RFA No.1001 of 1997 Ved Parkash and others Vs. State of Haryana
180. RFA No.1036 of 1997 Bhim Singh Vs. State of Haryana and others
181. RFA No.1047 of 1997 Bhoop Singh Vs. State of Haryana and others
182. RFA No.1048 of 1997 Smt. Chawli and another Vs. State of Haryana and another
183. RFA No.1049 of 1997 Sumitra Vs. State of Haryana etc.
184. RFA No.1066 of 1997 Smt. Vidya Devi Vs. State of Haryana
185. RFA No.1074 of 1997 Smt. Khazani Vs. State of Haryana and others
186. RFA No.1075 of 1997 Jawala Singh and others Vs. State of Haryana and others
187. RFA No.1076 of 1997 Smt. Chander and others Vs. State of Haryana etc.
188. RFA No.1092 of 1997 Dilawar Singh and others Vs. State of Haryana and another
189. RFA No.1123 of 1997 Kamla Devi Vs. State of Haryana etc. R.F.A.No.3497 of 1993 8 Sr.No. Case Number Parties Name
190. RFA No.1172 of 1997 Smt. Dhanpati and others Vs. State of Haryana and another
191. RFA No.1173 of 1997 Hari Singh Vs. State of Haryana and others
192. RFA No.1180 of 1997 Manoj and others Vs. State of Haryana and others
193. RFA No.1490 of 1997 Nar Singh and others Vs. State of Haryana etc.
194. RFA No.1491 of 1997 Rattan Singh and others Vs. State of Haryana and others
195. RFA No.1492 of 1997 Raj Bal and others Vs. State of Haryana and others
196. RFA No.567 of 1998 Mahender Singh and others Vs. State of Haryana and others
197. RFA No.568 of 1998 Smt. Sarupi and others Vs. State of Haryana and others
198. RFA No.581 of 1998 Smt. Nimbo and others Vs. State of Haryana and others
199. RFA No.582 of 1998 Diwan Singh and others Vs. State of Haryana and others
200. RFA No.797 of 1998 Randhir Singh and another Vs. State of Haryana and others
201. RFA No.798 of 1998 Suraj Bhan and others Vs. State of Haryana and others
202. RFA No.799 of 1998 Om Parkash and others Vs. State of Haryana and others
203. RFA No.887 of 1998 Jagjit Singh and others Vs. State of Haryana and others
204. RFA No.888 of 1998 Sat Narain and others Vs. State of Haryana and others
205. RFA No.997 of 1998 Smt. Har Bhaji and others Vs. State of Haryana and others
206. RFA No.1068 of 1998 Risal Singh and others Vs. State of Haryana and others
207. RFA No.1069 of 1998 Ram Phal Vs. State of Haryana and others
208. RFA No.1070 of 1998 Rajbir Singh Vs. State of Haryana and others
209. RFA No.1071 of 1998 Satbir Singh Vs. State of Haryana and others
210. RFA No.1072 of 1998 Maha Nand Vs. State of Haryana and others
211. RFA No.1073 of 1998 Sat Parkash and another Vs. State of Haryana and others
212. RFA No.1074 of 1998 Suresh Kumar and others Vs. State of Haryana and others
213. RFA No.1075 of 1998 Than Singh Vs. State of Haryana and others
214. RFA No.1076 of 1998 Maha Singh Vs. State of Haryana and others
215. RFA No.1098 of 1998 Devarat and others Vs. State of Haryana and others
216. RFA No.1099 of 1998 Chanchal Singh and others Vs. State of Haryana and others
217. RFA No.1100 of 1998 Smt. Chand Kaur and others Vs. State of Haryana and others R.F.A.No.3497 of 1993 9 Sr.No. Case Number Parties Name
218. RFA No.1101 of 1998 Balbir Singh and others Vs. State of Haryana and others
219. RFA No.1102 of 1998 Ishwar and others Vs. State of Haryana and others
220. RFA No.1103 of 1998 Rajinder Vs. State of Haryana and others
221. RFA No.1104 of 1998 Sudesh Vs. State of Haryana and others
222. RFA No.1105 of 1998 Chet Ram Vs. State of Haryana and others
223. RFA No.1106 of 1998 Ram Kumar Vs. State of Haryana and others
224. RFA No.1107 of 1998 Maman Singh and others Vs. State of Haryana and others
225. RFA No.1108 of 1998 Ajay Kumar Vs. State of Haryana and others
226. RFA No.1109 of 1998 Hari Singh and others Vs. State of Haryana and others
227. RFA No.1110 of 1998 Prem Singh Vs. State of Haryana and others
228. RFA No.1111 of 1998 Om Parkash and others Vs. State of Haryana and others
229. RFA No.1112 of 1998 Rajinder Singh Vs. State of Haryana and others
230. RFA No.1128 of 1998 Smt. Pataso and others Vs. State of Haryana and others
231. RFA No.1136 of 1998 Ranbir and others Vs. State of Haryana and others
232. RFA No.1137 of 1998 Shakuntla Devi Vs. State of Haryana and others
233. RFA No.1138 of 1998 Chhote Lal Vs. State of Haryana and others
234. RFA No.1139 of 1998 Prithi Singh Vs. State of Haryana and others
235. RFA No.1140 of 1998 Anita Vs. State of Haryana and others
236. RFA No.1141 of 1998 Smt. Ajit Kaur Vs. State of Haryana and others
237. RFA No.1142 of 1998 Ashok Kumar Vs. State of Haryana and others
238. RFA No.1143 of 1998 Bhupinder Kumar Vs. State of Haryana and others
239. RFA No.1144 of 1998 Sukh Devi Vs. State of Haryana and others
240. RFA No.1145 of 1998 Subh Ram Vs. State of Haryana and others
241. RFA No.1146 of 1998 Rajinder Kumar Vs. State of Haryana and others
242. RFA No.1284 of 1998 Banwari Vs. State of Haryana and others
243. RFA No.1285 of 1998 Ranbir Singh Vs. State of Haryana and others
244. RFA No.1286 of 1998 Umed Singh Vs. State of Haryana and others
245. RFA No.1287 of 1998 Rattni and others Vs. State of Haryana and others
246. RFA No.1288 of 1998 Dalip Singh Vs. State of Haryana and others
247. RFA No.1289 of 1998 Banwari Lal and others Vs. State of Haryana and others
248. RFA No.1290 of 1998 Balbir Singh Vs. State of Haryana and others
249. RFA No.1291 of 1998 Rajinder and others Vs. State of Haryana and others
250. RFA No.1292 of 1998 Dilwar Singh and others Vs. State of Haryana and others
251. RFA No.1293 of 1998 Net Ram Vs. State of Haryana and others R.F.A.No.3497 of 1993 10 Sr.No. Case Number Parties Name
252. RFA No.1437 of 1998 Dharambir and others Vs. State of Haryana and others
253. RFA No.1438 of 1998 Dharam Parkash and others Vs. State of Haryana and others
254. RFA No.1439 of 1998 Smt. Shanti and others Vs. State of Haryana and others
255. RFA No.1440 of 1998 Baljit Singh and others Vs. State of Haryana and others
256. RFA No.1441 of 1998 Krishan and others Vs. State of Haryana and others
257. RFA No.1442 of 1998 Maman and others Vs. State of Haryana and others
258. RFA No.1443 of 1998 Jage Ram and others Vs. State of Haryana and others
259. RFA No.1444 of 1998 Prithi and others Vs. State of Haryana and others
260. RFA No.1445 of 1998 Bhim Singh and others Vs. State of Haryana and others
261. RFA No.1446 of 1998 Smt. Sarupi and others Vs. State of Haryana and others
262. RFA No.1447 of 1998 Sant Ram and others Vs. State of Haryana and others
263. RFA No.1481 of 1998 Daljit Singh and others Vs. State of Haryana and others
264. RFA No.1482 of 1998 Arvind Sharma and others Vs. State of Haryana and others
265. RFA No.1483 of 1998 Dharambir Vs. State of Haryana and others
266. RFA No.1515 of 1998 Satbir Singh and others Vs. State of Haryana and others
267. RFA No.1516 of 1998 Darshan Singh and others Vs. State of Haryana and others
268. RFA No.1517 of 1998 Bhim Singh Vs. State of Haryana and others
269. RFA No.1528 of 1998 Dhare and others Vs. State of Haryana and others
270. RFA No.1531 of 1998 Sobha Vs. State of Haryana and others
271. RFA No.1532 of 1998 Bhawanesh Kumar Vs. State of Haryana and others
272. RFA No.1535 of 1998 Smt. Panmeshari and others Vs. State of Haryana and others
273. RFA No.2157 of 1998 Med Singh and others Vs. State of Haryana and others
274. RFA No.2762 of 1998 Dalip Singh Vs. State of Haryana and others
275. RFA No.2763 of 1998 Kamla and others Vs. State of Haryana and others
276. RFA No.2764 of 1998 Vikash Nandal and others Vs. State of Haryana and others
277. RFA No.3033 of 1998 Brahma Chand and others Vs. State of Haryana and others
278. RFA No.3034 of 1998 Nawal Singh and another Vs. State of Haryana and others R.F.A.No.3497 of 1993 11 Sr.No. Case Number Parties Name
279. RFA No.3035 of 1998 Lilawanti and others Vs. State of Haryana and others
280. RFA No.3036 of 1998 Ram Bhagat and others Vs. State of Haryana and others
281. RFA No.3037 of 1998 Daljit Singh and another Vs. State of Haryana and others
282. RFA No.3038 of 1998 Sunil Kumar and another Vs. State of Haryana and others
283. RFA No.3725 of 1998 Manoj and others Vs. State of Haryana and others
284. RFA No.4018 of 1998 Raj Pal Singh etc. Vs. State of Haryana etc.
285. RFA No.4019 of 1998 Karan Singh and another Vs. State of Haryana and others
286. RFA No.4020 of 1998 Usha and others Vs. State of Haryana and others
287. RFA No.4162 of 1998 Sudesh and others Vs. State of Haryana and others
288. RFA No.4163 of 1998 Jaswant Singh and another Vs. State of Haryana and others
289. RFA No.4656 of 1998 Urmil Miglani Vs. State of Haryana and others
290. RFA No.4744 of 1998 Sujit Kumar and another Vs. State of Haryana and others
291. RFA No.90 of 1997 Naik Ishwar Singh Vs. State of Haryana and another Notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') was published on 26.12.1988 intending to acquire the aforesaid land. The declaration under Section 6 of the Act was published on 22.12.1989. The Land Acquisition Collector announced his Award on 29.3.1990, awarding sum of Rs.64,000/- as the compensation for the land comprising in Rect. Nos.100, 101 and 129 to 132; Rs.30/- per square yard for the land comprising in Rect. Nos.134 to 139; and Rs.50/- per square yard for the land comprising in Rect.Nos.162 to 167.
Dis-satisfied with the amount of compensation awarded by the Land Acquisition Collector, the land-owners have sought references to the learned District Judge, for determination of the market value in terms of Section 18 of the Act. Learned Reference Court maintained the market value in respect of land comprising in Rect. No.162 to 167, but enhanced R.F.A.No.3497 of 1993 12 the compensation to Rs.35/- per square yard for the land comprising in Rect.Nos.134 to 139 and Rs.74,000/- per acre for the remaining land i.e. at the rate of 15.36 per square yard.
However, the learned Reference Court has granted average rate of Rs.55/- per square yard for the entire acquired land in Awards dated 31.1.1995 and 4.5.1996 now subject matter of RFA Nos.1599 of 1995, 723 of 1997 and other connected appeals.
The land-owners in the present set of appeals have sought enhancement of compensation on the basis of sale instances Exs.P-17, P-18, P-21 and P-25 so as to claim at least Rs.100/- per square yard for the compensation for the entire land acquired. Whereas, the State has sought to maintain belting system adopted by the Land Acquisition Collector and also disputed the enhancement of compensation to flat rate of Rs.55/- per square yard.
As mentioned above, the reliance of the learned counsel for the appellant(s) is on the four sale instances. The relevant details of these four sale instances are extracted below :
Date of Sale Killa No. Area Total Rate
(sq. yards) Sale (per sq.yard)
Consideration
P-17 07.04.1988 172/9/1 200 24,000/- 120/-
P-18 18.04.1988 166/6 210 21,000/- 100/-
P-21 10.5.1988 172/10/1 125 24,000/- 99/-
P-25 24.06.1988 172/9/1 100 12,500/- 100/-
It is admitted by the parties that the sale deed Ex.P-18 is part of the acquired land, whereas the other sale instances i.e. Exs.P-17, P-21 and P-25 are part of the land, which was already acquired for Sector-3, Rohtak and situated on the other side of Rohtak-Sonepat road. Vide the R.F.A.No.3497 of 1993 13 aforesaid sale deed Ex.P-18, 210 square yards of land has been sold for a sale consideration of Rs.21,000/- i.e. at the price of Rs.100/- per square yard.
Learned counsel for the land-owners has relied upon a Division Bench judgment of this Court in Smt. Mahabiri Devi and others Vs. State of Haryana and another 2005(4) RCR (Civil) 142, to contend that uniform compensation should be determined for the entire land acquired as the entire land has similar potential for use. By relying upon a judgment of this Court in Des Raj Nagpal (died) through LRs Vs. Union of India and others 2005(2) RCR (Civil) 97, learned counsel for the appellant(s) contends that though the land is situated across the road, but the same has a potential of being used as urban area, therefore, the sale instances in respect of land situated across the road could be taken into consideration for determining the market value of the acquired land.
Learned counsel for the appellant(s) has further argued that existence of Rohtak-Sonepat road will not change the potential of use of the land, as the entire land is contiguous and has a potential for urban development. Therefore, the land-owners are entitled to compensation at the rate of Rs.100/- per square yard and that too with nominal deduction on account of development charges.
On the other hand, learned counsel for the State has relied upon a judgment of Hon'ble Supreme Court reported as K.S.Shivadevamma and others Vs. Assistant Commissioner and Land Acquisition Officer and another (1996) 2 SCC 62, wherein the Court has upheld the deduction of 53% towards roads, open space and other public amenities in terms of the Building Rules, as the land-owners has to leave such area.
R.F.A.No.3497 of 1993 14Thereafter, the Court has upheld the deduction of 1/3rd towards the development charges. Therefore, it is contended that the amount of compensation determined by the learned Reference Court except the Awards, subject matter of RFA Nos.1599 of 1995, 723 of 1997 and appeals arising out of Awards Dated 31.1.1995 and 4.5.1996, does not warrant any interference in appeal by this Court.
The Hon'ble Supreme Court in Viluben Jhalejar Contractor Vs. State of Gujarat, (2005) 4 SCC 789, has held to the following effect :
20. The amount of compensation cannot be ascertained with mathematical accuracy. A comparable instance has to be identified having regard to the proximity from time angle as well as proximity from situation angle. For determining the market value of the land under acquisition, suitable adjustment has to be made having regard to various positive and negative factors vis-a-vis the land under acquisition by placing the two in juxtaposition. The positive and negative factors are as under:
Positive factors Negative factors
(i) Smallness of size (i) largeness of area
(ii) proximity to a road (ii) situation in the
interior at a
distance from the road
(iii) frontage on a road (iii) narrow strip of
land with very small
frontage compared to
depth
(iv) nearness to developed area (iv) lower level
requiring the
depressed portion to be
filled up
(v) regular shape (v) remoteness from
R.F.A.No.3497 of 1993 15
developed locality
(vi) level vis-a-vis land under (vi)some special
acquisition disadvantageous
factors which would
deter a purchaser
(vii) special value for an
owner of an adjoining
property to whom it may have
some very special advantage
21. Whereas a smaller plot may be within the reach of many, a large block of land will have to be developed preparing a layout plan, carving out roads, leaving open spaces, plotting out smaller plots, waiting for purchasers and the hazards of an entrepreneur. Such development charges may range between 20% and 50% of the total price.
xxx xxx xxx xxx xxx
29. In Hasanali Khanbhai and sons Vs. State of Gujarat (1995) 5 SCC 422 and Land Acquisition Officer Vs. Nookala Rajamallu (2003) 12 SCC 334, it has been noticed that where lands are acquired for specific purposes deduction by way of development charges is permissible.
30. We are not, however, oblivious of the fact that normally one-third deduction of further amount of compensation has been directed in some cases. (See Kasturi Vs. State of Haryana (2003) 1 SCC 354, Tejumal Bhojwani Vs. State of U.P. (2003) 10 SCC 525, V. Hanumantha Reddy Vs. Land Acquisition Officer & Mandal R. Officer (2003) 12 SCC 642, H.P.Housing Board Vs. Bharat S. Negi (2004) 2 SCC 184 and Kiran Tandon Vs. Allahabad Development Authority (2004) 10 SCC 745).
Though sale instance Ex.P-18 is part of the acquired land, but even if the other sale instances i.e. Exs.P-17, P-21 and P-25 are taken into consideration, still the average sale price is Rs.105/- approx. The land sold by the aforesaid sale deeds is small area not exceeding 210 square R.F.A.No.3497 of 1993 16 yards. Since the sale is of small area, therefore, the suitable deduction is required to be made towards development of land for the purposes of roads, parks and other public amenities. The normal rule of deduction is 1/3rd. But since the sale is of a very small area and keeping in view the principles of determination of market value by taken into consideration negative and positive factors, as held by the Hon'ble Supreme Court in Viluben Jhalejar Contractor's case (supra).
I deem it appropriate to apply deduction of 40% on account of acquisition of large chunk of land for use of residential and commercial purposes.
All the sale instances referred to by the land-owners are in the close proximity of Rohtak-Sonepat road and also not beyond the depth of 2 acres from that road. Therefore, the belting system adopted by the Land Acquisition Collector and upheld by the learned Reference Court except the appeals arising out of Awards dated 31.1.1995 and 4.5.1996 does not warrant any interference in appeal. It is a matter of common knowledge that the land, which is abutting metalled road has a better market value than the land, which is situated at a distance from road as accepted by the Hon'ble Supreme Court in the judgment referred to above. Therefore, the belting system adopted by the Land Acquisition Collector and upheld by the learned Reference Court does not warrant any interference in the appeals. The said belting system is based upon reasonable nexus keeping in view the nature of land and the sale instances available.
Learned Reference Court in Awards dated 31.1.1995 and 4.5.1996 has held that the belting system is a highly artificial system and cannot be resorted to as a hard and fast rule. It can only be useful when R.F.A.No.3497 of 1993 17 the evidence regarding variations of prices on the basis of depth and remoteness has been brought on the record. Therefore, the Reference Court found that dividing the land into belts or different categories does not provide a proper criterion of assessing the market value. The Court held that the entire chunk of land has the same potential value in the absence of any evidence on record to show that the rest of the portion of the acquired land in any way less valueable than the land in the front.
Thereafter, the Court proceeded that there is tremendous development in the vicinity of the acquired land and, therefore, the Court increased the market value at Rs.5/- per square yard of the acquired land allowing Re.1/- per square yard per year, after the passing of the award by the Land Acquisition Collector in the year 1990.
The reasoning given by the learned Reference Court is not sustainable. The land-owners have disputed the determination of market value arrived at by the Land Acquisition Collector by belting system. It was for the land-owners to lead evidence to show that the land, which is not abutting Rohtak-Sonepat road has same value, as the land abutting the said road. In the absence of any evidence of the market value evidenced by the sale instances or any other surrounding circumstances that the land which is not abutting the road has the same value as the land abutting the road, the learned Reference Court was not justified in holding that the belting system is unjustified. The learned Reference Court has wrongly placed the onus on the State to prove different valuations of the entire land. It was for the land-owners to prove that the land, which is not abutting the road has the same value, as the land abutting the road.
R.F.A.No.3497 of 1993 18The enhancement awarded at the rate of Re.1/- per square yard per year after the passing of the Award by the Land Acquisition Collector is again unjustified. The relevant date for determining the market value of the acquired land is the date of notification under Section 4 of the Act. In my view, sale instance Ex.P-18 is the best evidence for determining the market value on the date of notification under Section 4 of the Act and even if the other sale instances are taken into consideration, which are not part of the acquired land, still there is hardly any variation in the average market price. Therefore, by applying suitable deduction of 40% as discussed above, the market value of the land comprising in Rect.
Nos.162 to 167 is arrived at Rs.60/- per square yard. The land immediately after the aforesaid Rectangle Numbers i.e. Rect. Nos.134 to 139 for which the learned Reference Court has determined compensation at Rs.35/- per square yard. The market value of the said land is arrived at Rs.45/- per square yard by giving increase on the basis of market value determined in respect of Rect.Nos.162 to 167. The market value of the remaining land is arrived at Rs.30/- per square yard in view of the depth of land from the metalled road and consequently less potential than the land adjoining the road.
Mr. Ramesh Hooda, learned counsel for the appellant in RFA No.1002 of 1994, has relied upon correspondance from the Office of the Deputy Commissioner and the Land Acquisition Collector in respect of market value of the land including transfer of 60 acres of land, now forming part of Sector-14, Rohtak, by Agricultural Department to Haryana Urban Development Authority. Learned counsel has also referred to the statements of PW-3, PW-4 and PW-5 to contend that R.F.A.No.3497 of 1993 19 Bachat land, which stood partitioned amongst the propreitors and, therefore, no deduction is required to be made on account of sale instances being of a small area.
The said argument raised by Mr. Ramesh Hooda is not tenable.
The transfer of land by Agricultural Department to Haryana Urban Development Authority is in Sector-14, Rohtak. The said land has no proximity with the land acquired. The correspondance between the Deputy Commissioner and Land Acquisition Collector is not the evidence of the market value of the land. Therefore, the said correspondance is also not relevant. The oral statement of partition of Bachat land amongst the proprietors is also not a evidence of market value of the land. Even if the land has been partitioned, still it retains its character is that of a agricultural land. The market value can be determined on the basis of sale instance of the land acquired or similarly situated land. The statements of the abovesaid witnesses are not relevant to determine the market value of the acquired land.
In view of the above discussion, the appeals filed by the State against the Award of the learned Reference Court dated 31.1.1995 and 4.5.1996, subject matter of RFA Nos.1599 of 1995, 723 of 1997 and other connected appeals are partly allowed to the extent flat rates were awarded by the learned Reference Court. The compensation in appeals in respect of land comprising in Rect.Nos.162 to 167 is determined at Rs.60/- per square yard; in Rect. Nos.134 to 139 at the rate of Rs.45/- per square yard; and for the remaining land at the rate of Rs.30/- per square yard. The appeals filed by the State against all other awards are dismissed. The land-owners shall be entitled to statutory benefits R.F.A.No.3497 of 1993 20 contemplated under Sections 23(1A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended.
Appeals disposed of in above terms.
05.11.2009 (HEMANT GUPTA) Vimal JUDGE