Punjab-Haryana High Court
Subhash Chand Alias Subhash Chander vs State Of Haryana And Another on 14 January, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 3733 of 2007 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision: January 14, 2010
1. RFA No.3733 of 2007 (O&M)
Subhash Chand alias Subhash Chander ... Appellant
Versus
State of Haryana and another .... Respondents
2. RFA No.3618 of 2007 (O&M)
Raj Kumar ... Appellant
Versus
State of Haryana and another .... Respondents
3. RFA No.3619 of 2007 (O&M)
Maru alias Mange Ram and others ... Appellants
Versus
State of Haryana and another .... Respondents
4. RFA No.3620 of 2007 (O&M)
Smt. Badamo Devi ... Appellant
Versus
State of Haryana and another .... Respondents
5. RFA No.3621 of 2007 (O&M)
Sumitra ... Appellant
Versus
State of Haryana and another .... Respondents
6. RFA No.3622 of 2007 (O&M)
Subhash and another ... Appellants
Versus
State of Haryana and others .... Respondents
RFA No. 3733 of 2007 [2]
7. RFA No.3734` of 2007 (O&M)
Vinod Kumar ... Appellant
Versus
State of Haryana and another .... Respondents
8. RFA No.3735 of 2007 (O&M)
Het Ram and others ... Appellants
Versus
State of Haryana and another .... Respondents
9. RFA No.3736 of 2007 (O&M)
Het Ram and others ... Appellants
Versus
State of Haryana and another .... Respondents
10. RFA No.3737 of 2007 (O&M)
Amar Singh and another ... Appellants
Versus
State of Haryana and another .... Respondents
11. RFA No.3738 of 2007 (O&M)
Rameshwar and another ... Appellants
Versus
State of Haryana and another .... Respondents
12. RFA No.3739 of 2007 (O&M)
Kartar Singh ... Appellant
Versus
State of Haryana and others .... Respondents
RFA No. 3733 of 2007 [3]
13. RFA No.3740 of 2007 (O&M)
Sahab Ram and others ... Appellants
Versus
State of Haryana and another .... Respondents
14. RFA No.3741 of 2007 (O&M)
Bhup Singh and others ... Appellants
Versus
State of Haryana and another .... Respondents
15. RFA No.3756 of 2007 (O&M)
Rai Singh ... Appellant
Versus
State of Haryana and others .... Respondents
16. RFA No.3757 of 2007 (O&M)
Hanuman and others ... Appellants
Versus
State of Haryana and others .... Respondents
17. RFA No.3758 of 2007 (O&M)
Abhimunyu ... Appellant
Versus
State of Haryana .... Respondent
18. RFA No.3759 of 2007 (O&M)
Rajender ... Appellant
Versus
State of Haryana and others .... Respondents
19. RFA No.3760 of 2007 (O&M)
Partap Singh and others ... Appellants
Versus
State of Haryana and others .... Respondents
RFA No. 3733 of 2007 [4]
20. RFA No.3761 of 2007 (O&M)
Kani Ram and others ... Appellants
Versus
State of Haryana and others .... Respondents
21. RFA No.3762 of 2007 (O&M)
Hardutt and others ... Appellants
Versus
State of Haryana .... Respondent
22. RFA No.3763 of 2007 (O&M)
Subash Chander and another ... Appellants
Versus
State of Haryana and others .... Respondents
23. RFA No.3764 of 2007 (O&M)
Balu Ram and others ... Appellants
Versus
State of Haryana and others .... Respondents
24. RFA No.3765 of 2007 (O&M)
Dalip ... Appellant
Versus
State of Haryana and others .... Respondents
25. RFA No.3766 of 2007 (O&M)
Hardutt and others ... Appellants
Versus
State of Haryana .... Respondent
RFA No. 3733 of 2007 [5]
26. RFA No.3767 of 2007 (O&M)
Aad Ram and others ... Appellants
Versus
State of Haryana .... Respondent
27. RFA No.3768 of 2007 (O&M)
Har Lal and others ... Appellants
Versus
State of Haryana .... Respondent
28. RFA No.3769 of 2007 (O&M)
Har Lal and others ... Appellants
Versus
State of Haryana .... Respondent
29. RFA No.3770 of 2007 (O&M)
Ladhu Ram and others ... Appellants
Versus
State of Haryana and others .... Respondents
30. RFA No.3771 of 2007 (O&M)
Mani Ram and others ... Appellants
Versus
State of Haryana .... Respondent
31. RFA No.3772 of 2007 (O&M)
Mangu Singh and others ... Appellants
Versus
State of Haryana and others .... Respondents
32. RFA No.3773 of 2007 (O&M)
Ruli Chand and others ... Appellants
Versus
State of Haryana and others .... Respondents
RFA No. 3733 of 2007 [6]
33. RFA No.3774 of 2007 (O&M)
Moman Singh and others ... Appellants
Versus
State of Haryana and others .... Respondents
34. RFA No.3775 of 2007 (O&M)
Hem Raj and others ... Appellants
Versus
State of Haryana and others .... Respondents
35. RFA No.3776 of 2007 (O&M)
Bimla Devi and others ... Appellants
Versus
State of Haryana and others .... Respondents
36. RFA No.3777 of 2007 (O&M)
Bimla Devi and others ... Appellants
Versus
State of Haryana and others .... Respondents
37. RFA No.3963 of 2007 (O&M)
Chanan and others ... Appellants
Versus
State of Haryana and others .... Respondents
38. RFA No.3964 of 2007 (O&M)
Ladhu Ram and others ... Appellants
Versus
State of Haryana and others .... Respondents
RFA No. 3733 of 2007 [7]
39. RFA No.3965 of 2007 (O&M)
Pokhar ... Appellant
Versus
State of Haryana and others .... Respondents
40. RFA No.3966 of 2007 (O&M)
Har Chand and others ... Appellants
Versus
State of Haryana and others .... Respondents
41. RFA No.3967 of 2007 (O&M)
Ram Karan ... Appellant
Versus
State of Haryana and others .... Respondents
42. RFA No.3968 of 2007 (O&M)
Mohinder and others ... Appellants
Versus
State of Haryana and others .... Respondents
43. RFA No.3986 of 2007 (O&M)
Smt. Savitri and others ... Appellants
Versus
State of Haryana and others .... Respondents
44. RFA No.3987 of 2007 (O&M)
Ram Lal ... Appellant
Versus
State of Haryana and others .... Respondents
RFA No. 3733 of 2007 [8]
45. RFA No.4079 of 2007 (O&M)
Mahabir Parshad ... Appellant
Versus
State of Haryana and another .... Respondents
46. RFA No.4080 of 2007 (O&M)
Ravi Kumar and others ... Appellants
Versus
State of Haryana and another .... Respondents
47. RFA No.4081 of 2007 (O&M)
Krishan Kumar and others ... Appellants
Versus
State of Haryana and another .... Respondents
48. RFA No.4082 of 2007 (O&M)
Chhotu Ram and others ... Appellants
Versus
State of Haryana and others .... Respondents
49. RFA No.4083 of 2007 (O&M)
Jagdish and others ... Appellants
Versus
State of Haryana and others .... Respondents
50. RFA No.4084 of 2007 (O&M)
Brij Lal ... Appellant
Versus
State of Haryana and others .... Respondents
RFA No. 3733 of 2007 [9]
51. RFA No.4085 of 2007 (O&M)
Sheo Lal and others ... Appellants
Versus
State of Haryana and others .... Respondents
52. RFA No.4086 of 2007 (O&M)
Jagatpal Singh and others ... Appellants
Versus
State of Haryana and others .... Respondents
53. RFA No.4143 of 2007 (O&M)
Kashmir Singh and others ... Appellants
Versus
State of Haryana and others .... Respondents
54. RFA No.4144 of 2007 (O&M)
Charan Singh and others ... Appellants
Versus
State of Haryana and others .... Respondents
55. RFA No.4151 of 2007 (O&M)
Kuldeep and others ... Appellants
Versus
State of Haryana and others .... Respondents
56. RFA No.4226 of 2007 (O&M)
Mohar Singh and another ... Appellants
Versus
State of Haryana and another .... Respondents
57. RFA No.4494 of 2007 (O&M)
Parmeshwari Devi and others ... Appellants
Versus
State of Haryana and another .... Respondents
RFA No. 3733 of 2007 [10]
58. RFA No.4496 of 2007 (O&M)
Sher Singh ... Appellant
Versus
State of Haryana and another .... Respondents
59. RFA No.4497 of 2007 (O&M)
Bhagwan Dass and others ... Appellants
Versus
State of Haryana and another .... Respondents
60. RFA No.4498 of 2007 (O&M)
Hari Singh and others ... Appellants
Versus
State of Haryana and another .... Respondents
61. RFA No.4499 of 2007 (O&M)
Jhanda Ram ... Appellant
Versus
State of Haryana and another .... Respondents
62. RFA No.4500 of 2007 (O&M)
Balkar Singh and others ... Appellants
Versus
State of Haryana and others .... Respondents
63. RFA No.4501 of 2007 (O&M)
Sarwan ... Appellant
Versus
State of Haryana and another .... Respondents
64. RFA No.4502 of 2007 (O&M)
Moola Ram and others ... Appellants
Versus
State of Haryana and others .... Respondents
RFA No. 3733 of 2007 [11]
65. RFA No.4509 of 2007 (O&M)
Kushal Singh ... Appellant
Versus
State of Haryana and others .... Respondents
66. RFA No.4510 of 2007 (O&M)
Mahabir and others ... Appellants
Versus
State of Haryana and another .... Respondents
67. RFA No.4511 of 2007 (O&M)
Smt. Lichhma and others ... Appellants
Versus
State of Haryana .... Respondent
68. RFA No.4512 of 2007 (O&M)
Jagdish and others ... Appellants
Versus
State of Haryana .... Respondent
69. RFA No.4513 of 2007 (O&M)
Smt. Lichhma and others ... Appellants
Versus
State of Haryana .... Respondent
70. RFA No.4514 of 2007 (O&M)
Jagdish and others ... Appellants
Versus
State of Haryana .... Respondent
71. RFA No.266 of 2008 (O&M)
Badho Devi and others ... Appellants
Versus
State of Haryana and another ....Respondents
RFA No. 3733 of 2007 [12]
72. RFA No.267 of 2008 (O&M)
Mahavir ... Appellant
Versus
State of Haryana and another ....Respondents
73. RFA No.268 of 2008 (O&M)
Ram Sarup and another ... Appellants
Versus
State of Haryana and another ....Respondents
74. RFA No.269 of 2008 (O&M)
Redha Ram and others ... Appellants
Versus
State of Haryana and another ....Respondents
75. RFA No.270 of 2008 (O&M)
Bhoma Ram ... Appellant
Versus
State of Haryana and another ....Respondents
76. RFA No.271 of 2008 (O&M)
Hari Singh and others ... Appellants
Versus
State of Haryana and another ....Respondents
77. RFA No.283 of 2008 (O&M)
Harnam Singh and another ... Appellants
Versus
State of Haryana and another ....Respondents
78. RFA No.284 of 2008 (O&M)
Bhajan Singh and others ... Appellants
Versus
State of Haryana and another ....Respondents
RFA No. 3733 of 2007 [13]
79. RFA No.285 of 2008 (O&M)
Jang Singh ... Appellant
Versus
State of Haryana and another ....Respondents
80. RFA No.300 of 2008 (O&M)
Om Parkash and others ... Appellants
Versus
State of Haryana and others ....Respondents
81. RFA No.301 of 2008 (O&M)
Mahinder Singh and others ... Appellants
Versus
State of Haryana and others ....Respondents
82. RFA No.302 of 2008 (O&M)
Sohan Lal and others ... Appellants
Versus
State of Haryana and another ....Respondents
83. RFA No.303 of 2008 (O&M)
Hanuman and others ... Appellants
Versus
State of Haryana and another ....Respondents
84. RFA No.541 of 2008 (O&M)
Channan Singh and others ... Appellants
Versus
State of Haryana and others ....Respondents
85. RFA No.965 of 2008 (O&M)
Valla and others ... Appellants
Versus
State of Haryana and another ....Respondents
RFA No. 3733 of 2007 [14]
86. RFA No.975 of 2008 (O&M)
Rai Singh and others ... Appellants
Versus
State of Haryana and others ....Respondents
87. RFA No.976 of 2008 (O&M)
Bhadar and others ... Appellants
Versus
State of Haryana ....Respondent
88. RFA No.977 of 2008 (O&M)
Ishwar Singh and others ... Appellants
Versus
State of Haryana and others ....Respondents
89. RFA No.978 of 2008 (O&M)
Bhadar and others ... Appellants
Versus
State of Haryana ....Respondent
90. RFA No.1003 of 2008 (O&M)
Ram Chand alias Ram Chander ... Appellant
Versus
State of Haryana and others ....Respondents
91. RFA No.1186 of 2008 (O&M)
Ruli Chand and others ... Appellants
Versus
State of Haryana and another ....Respondents
92. RFA No.1187 of 2008 (O&M)
Abhimanyu and another ... Appellants
Versus
State of Haryana and another ....Respondents
RFA No. 3733 of 2007 [15]
93. RFA No.1188 of 2008 (O&M)
Jagmal and others ... Appellants
Versus
State of Haryana and another ....Respondents
94. RFA No.1201 of 2008 (O&M)
Ladhu Ram and others ... Appellants
Versus
State of Haryana and another ....Respondents
95. RFA No.1710 of 2008 (O&M)
Smt. Tharri Bai and others ... Appellants
Versus
State of Haryana and others ....Respondents
96. RFA No.1731 of 2008 (O&M)
Rehra Ram and others ... Appellants
Versus
State of Haryana and another ....Respondents
97. RFA No.1771 of 2008 (O&M)
Om Parkash and others ... Appellants
Versus
State of Haryana and others ....Respondents
98. RFA No.1973 of 2008 (O&M)
Ladhu Ram and others ... Appellants
Versus
State of Haryana and others ....Respondents
99. RFA No.2011 of 2008 (O&M)
Sham Chand and others ... Appellants
Versus
State of Haryana and others ....Respondents
RFA No. 3733 of 2007 [16]
100. RFA No.2018 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Dharam Pal and others ....Respondents
101. RFA No.2019 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Sarwan Singh ....Respondent
102. RFA No.2020 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Hans Raj and others ....Respondents
103. RFA No.2021 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Chamba Ram and others . ...Respondents
104. RFA No.2022 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Jagmal and others ....Respondents
105. RFA No.2023 of 2008 (O&M)
State of Haryana and others ... Appellants
Versus
Ram Kishan and others ....Respondents
106. RFA No.2024 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Jang Singh ....Respondent
RFA No. 3733 of 2007 [17]
107. RFA No.2026 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Thari Bai ....Respondent
108. RFA No.2027of 2008 (O&M)
State of Haryana and others ... Appellants
Versus
Om Parkash and others ....Respondents
109. RFA No.2028 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Pawan Deep Singh ....Respondent
110. RFA No.2029 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Amar Chand ....Respondent
111. RFA No.2030 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Des Raj and others ....Respondents
112. RFA No.2031 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Smt. Meeran and others ....Respondents
113. RFA No.2032 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Bhajan Singh and others ....Respondents
RFA No. 3733 of 2007 [18]
114. RFA No.2033 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Natha Singh and others ....Respondents
115. RFA No.2034 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Rehra Ram and others ....Respondents
116. RFA No.2035 of 2008 (O&M)
State of Haryana and others ... Appellants
Versus
Gurdev Singh and another ....Respondents
117. RFA No.2036 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Baldev Singh ....Respondent
118. RFA No.2038 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Bhali Ram and others ....RespondentS
119. RFA No.2039 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Abhimanyu and another ....Respondents
120. RFA No.2040 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Puran Chand ....Respondent
RFA No. 3733 of 2007 [19]
121. RFA No.2041 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Mahesh Kumar and another ....Respondents
122. RFA No.2042of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Sher Singh ....Respondent
123. RFA No.2043 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Devi Lal and others ....Respondents
124. RFA No.2044 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Lachhman and another ....Respondents
125. RFA No.2045 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Karam Chand and another ....Respondents
126. RFA No.2047 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Swaran Singh and another ....Respondents
127. RFA No.2049 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Kamla Devi and others ....Respondents
RFA No. 3733 of 2007 [20]
128. RFA No.2050 of 2008 (O&M)
State of Haryana and others ... Appellants
Versus
Ram Kishan and others ....Respondents
129. RFA No.2051 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Smt. Bira Bai and another ....Respondents
130. RFA No.2052 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Veera Bai and another ....Respondents
131. RFA No.2053 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Ruli Chand and others ....Respondents
132. RFA No.2054 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Harminder Singh and another ....Respondents
133. RFA No.2055 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Kehar Chand and others ....Respondents
134. RFA No.2056 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Bimla Devi and others ....Respondents
RFA No. 3733 of 2007 [21]
135. RFA No.2057 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Gagan Sher Singh ....Respondent
136. RFA No.2058 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Tharo Bai and another ....Respondents
137. RFA No.2059 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Ravi Kumar and others ....Respondents
138. RFA No.2060 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Chhinder Pal Singh and others ....Respondents
139. RFA No.2061 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Mahabir Parshad ....Respondent
140. RFA No.2062 of 2008 (O&M)
State of Haryana and another ... Appellants
Versus
Aad Ram and others ....Respondents
141. RFA No.2063 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Rajesh Kumar ...Respondent
RFA No. 3733 of 2007 [22]
142. RFA No.2064 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Harnam Singh and another ...Respondents
143. RFA No.2065 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Bakshish Singh and another ...Respondents
144. RFA No.2066 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Vinod ...Respondent
145. RFA No.2067 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Daya Sukh and others ...Respondents
146. RFA No.2068 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Jagdish and another ...Respondents
147. RFA No.2069 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Gulab Ram ...Respondent
148. RFA No.2171 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Jaswant Singh and another ...Respondents
RFA No. 3733 of 2007 [23]
149. RFA No.2172 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Chanan Ram ...Respondent
150. RFA No.2173 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Ganesha Ram ...Respondent
151. RFA No.2174 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Aman Sher Singh ...Respondent
152. RFA No.2175 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Rajender Kumar and others ...Respondents
153. RFA No.2176 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Amar Singh and others ...Respondents
154. RFA No.2278 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Mahinder Singh and others ...Respondents
155. RFA No.2279 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Mahender Singh and another ...Respondents
RFA No. 3733 of 2007 [24]
156. RFA No.2280 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Smt. Shanti and others ...Respondents
157. RFA No.2281 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Parhlad Singh and others ...Respondents
158. RFA No.2282 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Krishan Kumar and others ...Respondents
159. RFA No.2283 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Balwant ...Respondent
160. RFA No.2285 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Bhim Singh and others ...Respondents
161. RFA No.2286 of 2008 (O&M)
State of Haryana and others ...Appellants
Versus
Jagdish and others ...Respondents
162. RFA No.2287 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Raj Kumar and others ...Respondents
RFA No. 3733 of 2007 [25]
163. RFA No.2288 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Partap Singh and others ...Respondents
164. RFA No.2290 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Ami Lal and others ...Respondents
165. RFA No.2291 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Kehar Singh and others ...Respondents
166. RFA No.2292 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Ram Karan ...Respondent
167. RFA No.2293 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Smt. Maina and others ...Respondents
168. RFA No.2294 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Vinod Kumar and others ...Respondents
169. RFA No.2295 of 2008 (O&M)
State of Haryana and others ...Appellants
Versus
Chhotu Ram and others ...Respondents
RFA No. 3733 of 2007 [26]
170. RFA No.2296 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Girdhari and others ...Respondents
171. RFA No.2298 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Jagdish and another ...Respondents
172. RFA No.2299 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Smt. Bimla Devi and others ...Respondents
173. RFA No.2300 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Rameshwar and another ...Respondents
174. RFA No.2302 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Smt. Savitri and others ...Respondents
175. RFA No.2303 of 2008 (O&M)
State of Haryana and others ...Appellants
Versus
Pokhar ...Respondent
176. RFA No.2304 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Rameshwar and others ...Respondents
RFA No. 3733 of 2007 [27]
177. RFA No.2305 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Vinod Kumar and others ...Respondents
178. RFA No.2307 of 2008 (O&M)
State of Haryana and another ...Appellants
Versus
Ram Chander ...Respondent
179. RFA No.2346 of 2008 (O&M)
State of Haryana and another ..Appellants
Versus
Kesar Chand and others ..Respondents
180. RFA No. 2349 of 2008 (O&M)
State of Haryana and another ..Appellants
Versus
Bhagwan Chand and others ..Respondents
181. RFA No. 2350 of 2008 (O&M)
State of Haryana and another ..Appellants
Versus
Balbir Singh and others ..Respondents
182. RFA No. 2366 of 2008 (O&M)
State of Haryana and another ..Appellants
Versus
Hari Singh and others ..Respondents
183. RFA No. 2367 of 2008 (O&M)
State of Haryana and another ..Appellants
Versus
Harbans Singh ..Respondent
RFA No. 3733 of 2007 [28]
184. RFA No.2687 of 2008 (O&M)
Smt. Maina and another ..Appellants
Versus
State of Haryana & others ..Respondents
185. RFA No. 2849 of 2008 (O&M)
Ram Chander ..Appellant
Versus
State of Haryana & another ..Respondents
186. RFA No. 2903 of 2008 (O&M)
Mahinder Singh & others ..Appellants
Versus
State of Haryana & another ..Respondents
187. RFA No. 3084 of 2008 (O&M)
Kehar Chand & others ..Appellants
Versus
State of Haryana & another ..Respondents
188. RFA No. 3085 of 2008 (O&M)
Smt. Kartar Kaur & others ..Appellants
Versus
State of Haryana & another ..Respondents
189. RFA No. 3251 of 2008 (O&M)
Vinod ..Appellant
Versus
State of Haryana & another ..Respondents
190. RFA No. 3252 of 2008 (O&M)
Mahesh Kumar & another ..Appellants
Versus
State of Haryana & another ..Respondents
RFA No. 3733 of 2007 [29]
191. RFA No. 3569 of 2008 (O&M)
Thari Bai ..Appellant
Versus
State of Haryana & another ..Respondents
192. RFA No. 3570 of 2008 (O&M)
Thari Bai ..Appellant
Versus
State of Haryana & another ..Respondents
193. RFA No. 3606 of 2008 (O&M)
Gurdev Singh & another ..Appellant
Versus
State of Haryana & another ..Respondents
194. RFA No. 3979 of 2008 (O&M)
Harminder Singh & another ..Appellants
Versus
State of Haryana & another ..Respondents
195. RFA No. 3980 of 2008 (O&M)
Ranbir Singh & others ..Appellants
Versus
State of Haryana & another ..Respondents
196. RFA No. 4163 of 2008 (O&M)
State of Haryana & another ..Appellants
Versus
Charan Singh & others ..Respondents
197. RFA No. 4164 of 2008 (O&M)
State of Haryana & another ..Appellants
Versus
Kartar Singh ..Respondent
RFA No. 3733 of 2007 [30]
198. RFA No. 4165 of 2008 (O&M)
State of Haryana & another ..Appellants
Versus
Harjit Singh & others ..Respondents
199. RFA No. 4166 of 2008 (O&M)
State of Haryana & another ..Appellants
Versus
Balbir Singh & others ..Respondents
200. RFA No. 4167 of 2008 (O&M)
State of Haryana & another ..Appellants
Versus
Bhupinder Singh ..Respondent
201. RFA No. 4168 of 2008 (O&M)
State of Haryana & another ..Appellants
Versus
Harjit Singh & others ..Respondents
202. RFA No. 4169 of 2008 (O&M)
State of Haryana & others ..Appellants
Versus
Kewal Singh & others ..Respondents
203. RFA No. 4170 of 2008 (O&M)
State of Haryana & others ..Appellants
Versus
Harbans Singh & others ..Respondents
204. RFA No. 4171 of 2008 (O&M)
State of Haryana & another ..Appellants
Versus
Summer Singh & others ..Respondents
RFA No. 3733 of 2007 [31]
205. RFA No. 4172 of 2008 (O&M)
State of Haryana & another ..Appellants
Versus
Harjit Singh ..Respondent
206. RFA No. 4173 of 2008 (O&M)
State of Haryana & another ..Appellants
Versus
Balbir Singh & others ..Respondents
207. RFA No. 4559 of 2008 (O&M)
Girdhari & others ..Appellants
Versus
State of Haryana & another ..Respondents
208. RFA No. 4562 of 2008 (O&M)
Balbir Singh & others ..Appellants
Versus
State of Haryana & another ..Respondents
209. RFA No. 4627 of 2008 (O&M)
Rajesh Kumar ..Appellant
Versus
State of Haryana & another ..Respondents
210. RFA No. 4846 of 2008 (O&M)
Tharo Bai ..Appellant
Versus
State of Haryana & others ..Respondents
211. RFA No. 4847 of 2008 (O&M)
Thari Bai ..Appellant
Versus
State of Haryana & another ..Respondents
RFA No. 3733 of 2007 [32]
212. RFA No. 4848 of 2008 (O&M)
Hira Ram & another ..Appellants
Versus
State of Haryana & another ..Respondents
213. RFA No. 4871 of 2008 (O&M)
Durga Devi ..Appellant
Versus
State of Haryana & another ..Respondents
214. RFA No. 4872 of 2008 (O&M)
Pawandeep ..Appellant
Versus
State of Haryana & others ..Respondents
215. RFA No. 4873 of 2008 (O&M)
Gulab Ram ..Appellant
Versus
State of Haryana & another ..Respondents
216. RFA No. 4874 of 2008 (O&M)
Ram Kishan @ Harbhagwan & another ..Appellants
Versus
State of Haryana & another ..Respondents
217. RFA No. 4875 of 2008 (O&M)
Ganesha Ram ..Appellant
Versus
State of Haryana & another ..Respondents
218. RFA No. 4876 of 2008 (O&M)
Zimidar ..Appellant
Versus
State of Haryana & others ..Respondents
RFA No. 3733 of 2007 [33]
219. RFA No. 4877 of 2008 (O&M)
Lachhman Dass ..Appellant
Versus
State of Haryana & others ..Respondents
220. RFA No. 4878 of 2008 (O&M)
Balbir Singh & others ..Appellants
Versus
State of Haryana & others ..Respondents
221. RFA No. 4879 of 2008 (O&M)
Jarnail Singh & another ..Appellants
Versus
State of Haryana & others ..Respondents
222. RFA No. 4944 of 2008 (O&M)
Ram Kishan & others ..Appellants
Versus
State of Haryana & others ..Respondents
223. RFA No. 5212 of 2008 (O&M)
Charan Singh & others ..Appellants
Versus
State of Haryana & others ..Respondents
224. RFA No. 5383 of 2008 (O&M)
Smt. Niko Devi & others ..Appellants
Versus
State of Haryana & another ..Respondents
225. RFA No. 5646 of 2008 (O&M)
Balbir Singh & others ..Appellants
Versus
State of Haryana & another ..Respondents
RFA No. 3733 of 2007 [34]
226. RFA No. 5740 of 2008 (O&M)
Summer Singh & others ..Appellants
Versus
State of Haryana & another ..Respondents
227. RFA No. 5760 of 2008 (O&M)
Ram Kishan & others ..Appellants
Versus
State of Haryana & another ..Respondents
228. RFA No. 489 of 2009 (O&M)
Mani Ram & others ..Appellants
Versus
State of Haryana & another ..Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: S/Shri P. S. Jammu, P. K. Ganga, B. S. Mittal, Rakesh Nagpal,
J. S. Thind, Gaurav Singla for Sanjiv Gupta, S. K. Jain, Akshay Jain,
Akshay Jain for Jaswant Jain, B. S. Mittal for Sandeep Punchhi,
Dheeraj Narula and G. S. Sidhu, Advocates for the land owners.
Mr. H. S. Hooda, Advocate General, Haryana with
Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal J.
This order shall dispose of the above mentioned appeals, as the same
arise out of acquisitions vide notifications dated 9.5.2000 and 24.3.2003.
The land owners are in appeal seeking further enhancement of
compensation for the acquired land.
Briefly, the facts of the case are that the State of Haryana vide
notification dated 9.5.2000, issued under Section 4 of the Land Acquisition Act,
1894 (for short, `the Act'), acquired 179.31 acres of land falling in the revenue
estates of villages Tarkanwali Hadbast No. 11, Nathusari Khurd, Nathusari Kalan,
Darba Kalan, Manak Diwan, Rupana, Randhawa, Nirban, Bakrianwali, Gudia
Khera, Modia Khera, Liwalwali, Madhosinghana, Mangala and Ottu, District Sirsa
for construction of Darba Ghaggar Drain, which was passing through these
villages. The Land Acquisition Collector (for short, `the Collector'), vide award
RFA No. 3733 of 2007 [35]
dated 15.10.2001, assessed the market value of the acquired land as under:
'Sr.No. Name of village Type of land Nehri/ Barani/Sem Chahi
Gair Mumkin
............................................................................................................
1. Tarkanwali 1,00,000/- per acre -- --
2. Nathusari khurd 1,20,000/- per acre 50,000/- --
3. Nathusari kalan 1,20,000/- per acre 50,000/- --
4. Darba Kalan 1,25,000/- per acre 50,000/- 90,000/-
5. Manak Diwan 1,20,000/- per acre -- --
6. Rupana 1,20,000/- per acre 60,000/- --
7. Randhawa 1,20,000/- per acre 60,000/- --
8. Nirban 1,20,000/- per acre 60,000/- --
9. Bakariyanwali 1,20,000/- per acre 60,000/- --
10. Gudia Khera 1,00,000/- per acre 60,000/- --
11. Modia Khera 1,00,000/- per acre 60,000/- --
12. Livalwali 1,20,000/- per acre -- --
13. Madhosinghana 1,75,000/- per acre -- --
14. Mangala 1,75,000/- per acre -- --
15. Ottu 2,25,000/- per acre -- --"
The land owners/claimants feeling dissatisfied with the quantum of compensation awarded by the Collector, filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land as under:
'Sr.No. Village Nahari (per acre) Barani Chahi ............................................................................................................
1. Tarkanwali 1,75,000/- -- --
2. Nathusari khurd 2,00,000/- 90,000/- --
3. Nathusari kalan 2,00,000/- 90,000/- --
4. Darba Kalan 2,25,000/- 90,000/- 1,50,000/-
5. Manak Diwan 2,00,000/- -- --
6. Rupana 2,00,000/- 1,00,000/- --
7. Randhawa 2,00,000/- 1,00,000/- --
8. Nirban 2,00,000/- 1,00,000/-
9. Bakariyanwali 2,00,000/- 1,00,000/- --
10. Gudia Khera 1,75,000/- 1,00,000/- --
11. Modia Khera 1,75,000/- 1,00,000/- --
12. Livalwali 2,00,000/- --
13. Madhosinghana 3,10,000/- -- --
14. Mangala 3,10,000/- -- --
15. Ottu 4,00,000/- -- --"
It is this award of the learned Reference Court which is impugned in the present set of appeals.RFA No. 3733 of 2007 [36]
Learned counsel for the land owners submitted that the amount of compensation, as assessed by the learned court below on account of acquisition of land, which was quite fertile, deserves to be enhanced further in view of the evidence led by the land owners. He submitted that the sale deeds produced on record (Ex. PW8/B, Ex. PW11/B, Ex. PW11/C, Ex. PW19/B, Ex. PW19/C and Ex. P2) have not been given due weightage by the learned court below. If the same are considered, the amount of compensation, as assessed by the learned court below, certainly deserves further enhancement. The land owners, who have been deprived of their land and as a result the livelihood to some extent, deserve to be compensated adequately. He further submitted that the claim with regard to severance was made by the land owners considering the fact that acquisition was made for Darba Ghaggar Drain, which bifurcated the land of the land owners, but still nothing was granted on that account.
On the other hand, learned Assistant Advocate General, Haryana submitted that the amount of compensation, as has been assessed by the learned court below, is already on the higher side. It is only that the State in its generosity had no filed any appeal seeking reduction in the compensation, as otherwise the evidence on record produced by the land owners did not make out a case for enhancement and the award of the Collector deserved to be upheld. He further submitted that with regard to the claim for severance, no evidence was led by the land owners in support of the same. In the absence of same, nothing could possibly be claimed and granted. It was required to be established on record as to how the land owners had suffered on account of acquisition of land with the construction of Darba Ghaggar Drain and in the absence of same, no case for grant of damages on account of severance was made out. There is nothing on record to suggest as to how much land was left and on which side of the drain.
Heard learned counsel for the parties and perused the relevant referred record.
As far as amount of compensation for acquisition of land is concerned, the only evidence led by the land owners on record is in the form of sale deeds- Ex. PW8/B, Ex. PW11/B, Ex. PW11/C, Ex. PW19/B, Ex. PW19/C and Ex. P2. Out of the aforesaid sale deeds, Ex. PW19/B; Ex.PW19/C and Ex. P2 were registered after the issuance of notification under Section 4 of the Act on 9.5.2000. It is further not in dispute that though the land in question pertained to 15 villages as the Drain passed through them, the evidence was led only pertaining to villages Madho Singhana and Ottu. The area dealt with in the aforesaid three sale deeds (Ex. PW8/B, Ex. PW11/B and Ex. PW11/C) was quite small and average price per RFA No. 3733 of 2007 [37] acre was also not substantial, which could enable the learned court below to enhance the amount of compensation any further than what has already been awarded. It is also not in dispute that there is no site plan on record to show the actual location of the land acquired and also the land pertaining to the sale deeds produced on record and relied upon by the land owners.
Considering the aforesaid facts, in my opinion, the land owners have not been able to make out any case for further enhancement on account of acquisition of land.
As far as the claim on account of severance is concerned, no doubt, the case set up by the land owners is lacking in sufficient evidence, which could enable the court below to record any definite finding thereon. They had stated in their statements that as a result of acquisition, their land was bifurcated into two pieces, making the remaining land uncultivable or uneconomic in cultivation. However, the site plans were not produced on record to show as to how the land has been bifurcated and to what extent the loss has been suffered by the land owners on account of pieces of land remaining on two sides of the Drain, which had become uncultivable or uneconomic for cultivation.
It cannot be disputed that construction of a Drain will certainly bifurcate the land holding, but still the same may not be the position in all the cases, as there can be a case where a small portion of a land owned by a person on one side of his holding only is acquired or small portion is left on the other side, which may be difficult to be cultivated etc. This is all matter of evidence. Considering the fact that it is a case where the land owners have been deprived of their land for which they have to be adequately compensated. Grant of compensation on account of severance forms part of fair amount of compensation to be assessed in terms of Section 23 of the Act and in the welfare State, it is also the duty of the State to adequately compensate the land owners. On account of technicalities that the land owners had not been able to establish their claim by way of evidence led, in my opinion, they should not be made to suffer as they are illiterate villagers who, though were represented by counsels, but it seems that they were not guided properly. Under these circumstances, in my opinion, it would be in the fitness of things if the matter is remitted back to the court below for determination of the amount to which the land owners are entitled to as compensation on account of severance, for which they will be permitted to lead evidence. The State, on the other side, will also have the right to rebut that evidence. Ordered accordingly.
RFA No. 3733 of 2007 [38]Subsequent to the aforesaid acquisition, vide notification dated 24.3.2003, issued under Section 4 of the Act, land measuring 187.61 acres in the same villages was acquired for the same purpose on one side of the drain for additional use. The learned court below relying upon the award pertaining to the acquisition of land vide notification dated 9.5.2000 had granted increase @ 12% per annum while determining the compensation payable for the land acquired vide notification dated 24.3.2003 which, in my opinion, cannot be faulted with as this is an accepted principle for determination of compensation for valuation of land in case the acquisition is vide two different notifications in the same area having small gap in between. I do not find any reason to interfere in the principle so applied. As the award of the learned court below with regard to acquisition of land vide notification dated 9.5.2000 has been upheld by this Court, even the amount of compensation, as has been determined payable to the land owners for the land acquired vide notification dated 24.3.2003, is also upheld. No case for severance in the acquisition of land vide notification dated 24.3.2003 can possibly be made out considering the fact that admittedly it was an acquisition of a strip of land on one side of the already existing drain, which will not bifurcate the land of the land owners as only one side of the land will be acquired. Accordingly, the claim is rejected.
Parties through their counsels are directed to appear before the District Judge, Sirsa on 6.3.2010 for further proceedings. The District Judge may either keep the references with himself or entrust the same to any of the Additional District Judge to be disposed of in terms of the observations made hereinabove.
The appeals are disposed of in the manner indicated above.
(Rajesh Bindal) Judge 14.1.2010 mk