Surajmal Now Deceased Through His Lrs v. State Of Haryana And Others
In the High Court of Punjab and Haryana, at Chandigarh Date of Decision: 11.07.2022 Reserved On: 07.05.2022 Surajmal (Now Deceased) through his Legal Representatives ... Appellant(s)
Versus
State of Haryana and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present:
Mr. Shailendra Jain, Senior Advocate with Satyendra Chauhan and Mr. Jagtar Singh, Mr. Karan Nehra, Ms. Sandeep Kaur, Mr. Abhay Josan, Mr. Harvinder Thakur, Mr. Sushil K. Sharma for Mr. M.L.Sharma, Mr.Varun Gupta, Mr. J.S.Yasdav, Mr. Ashish Gupta, Mr. Gulshan Nandwani, Mr. Himanshu Sharma and Mr. Amit Jain, Advocates for the landowners.
Mr. Ashwani Kumar Chopra, Senior Advocate with Mr. Pritam Singh Saini and Mr. Vidul Kapoor, Advocates for the HSIIDC.
Mr. Shivendra Swaroop, Assistant Advocate General, Haryana and Ms. Vibha Tewari, Assistant Advocate General, Haryana.
Anil Kshetarpal, J.
This batch of eight appeals was listed at serial No. 245 of the cause list for 07.05.2022. After hearing the arguments, the judgment was reserved.
Another batch of appeals from the same notification under Section 4 of the Land Acquisition Act, 1894, with respect to the acquired land located in village Sehsola was listed at serial No. 237. The arguments
And Other Connected Appeals were heard and the judgment was reserved which was pronounced on 08.07.2022. However, due to oversight, these eight appeals, though arising from the same acquisition, were inadvertently left out. 3.
The relevant particulars, for the purpose of decision of the present case, are as under:- S.NO.
TITLE DETAILS Date of Notification under Section 4 of the 1894 Act.
29.09.2005 Date of Notification under Section 6 of the 1894 Act.
15.12.2005 3.
Purpose of Acquisition.
For construction of Express Highway connecting NH-1, 10, 8 and 2.
4.
Location, area and nature of the acquired land Proposing to acquire the land measuring 639 kanals and 17 marlas of land located in village Sehsola, Tehsil Tauru, District Mewat.
5.
Number and Date of the Award of the Land Acquisition Collector.
No.9 dated 26.05.2006 acquiring the lands comprised in Rectangle No. 103, 104, 115, 116,117,118, 119, 125 and 126.
6.
Amount assessed by the Land Acquisition Collector.
₹12,50,000/- per acre.
7.
Amount determined by the Reference Court.
The RC, on 21.11.2009, in the first round, dismissed the applications under Section 18 of the 1894 Act. However, the High Court on 31.01.2019, in Om Parkash v. State of Haryana and Others (Regular First Appeal No. 3552 of 2010), remitted back the matter to the RC for fresh decision.
8.
Date of re-decision of the RC and the amount re-assessed, after remand.
Vide judgment dated 14.02.2020, the RC has assessed the market value of the acquired land @ ₹17,50,000/- per acre while directing that the landowners shall also be entitled to 50% of the market value of the land assessed as compensation for
And Other Connected Appeals S.NO.
TITLE DETAILS severance of the land if the unacquired remnant land is less than 1 acre.
4.
Keeping in view the aforesaid facts, these eight appeals are disposed of in terms of the judgement passed in Haryana State Industrial and Infrastructure Development Corporation Limited v. Mal Mohammad (Deceased) through his legal heirs and Others (Regular First Appeal No. 170 of 2021, decided on 08.07.2022).
(Anil Kshetarpal) Judge July 11, 2022 "DK"
Whether speaking/reasoned :Yes/No Whether reportable : Yes/No Sr. No.
Case No.
Party's Name RFA No.108 of 2022 Kuldeep Singh vs. State of Haryana and ors.
RFA No.122 of 2022 Sardar (deceased) thr Lrs. vs. State of Haryana and ors. 3.
RFA No.6 of 2022 Kamruddin and ors. vs. State of Haryana and ors. 4.
RFA No.676 of 2022 Ram Kumar and ors. vs. State of Haryana and ors. 5.
RFA No.678 of 2022 Manbhari (deceased) thr Lrs. vs. State of Haryana and ors.
6.
RFA No.679 of 2022 Chander Singh (deceased) thr Lrs. and anr. vs. State of Haryana and ors.
7.
RFA No.693 of 2022 Vinod Kumar and anr. vs. State of Haryana and ors. (Anil Kshetarpal) Judge July 11, 2022 "DK"