High Court of Punjab and HaryanaRFA/236/2011disposed of

Biswedaran Of Shamlat Deh And ORS. v. State Of Haryana And ORS.

2025-08-26Mr. Justice Harkesh Manuja5 pages

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However, it is revealed from statement No.19 that Khasra No.1440 (04) is under the cultivation of Teeka son of Data Ram as Gair Maurusi. Similarly, Khasra No.1420 is under the cultivation of Bindrawan "Bhondedar". Said Teeka son of Data Ram; and Bindrawan have not been impleaded as a party to this reference petition. Similarly, the statement No.19 received from the LAC reveals and the jamabandi Ex.P5 reveals that though khasra No.1442 is owed by 'Shamlat Deh' but as far as the cultivation of the land is concerned, Ajji Ram etc. were in possession of the said land. In the absence of said Teeka son of Data Ram, Bindrawan; Ajji Ram etc. Who are necessary party to this petition qua khasra number 1440, 1420 & 1442, no determination can be made regarding the land of said khasra numbers."

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In view of the above and for the reasons stated above and following the judgment and order passed by this Court in the case of Balwant Singh (D) through Lr. Gurbinder Singh (supra), all these appeals are partly allowed. Accordingly, the judgment/s of the High Court is/are modified and the claimants of the land acquired under notification dated 7.4.1986 shall be entitled to the compensation @ Rs. 435/ per square yard. The claimants of the land acquired under notifications dated 5.6.1992 and 3.7.1995 shall be entitled to compensation @ Rs. 860/ and Rs. 1210/ per square yard respectively. The landowners shall be entitled to all other statutory benefits under the 1894 Act.

However, as observed hereinabove and as observed while condoning the delay in preferring the appeals, it is directed that the claimants shall not be entitled to the statutory benefits including interest under the Land Acquisition Act, 1894 on the enhanced amount of compensation from the date of the impugned judgment/s of the High Court till the respective appeals have been preferred before this Court. All these appeals are partly allowed to the aforesaid extent. However, in the facts and circumstances of the case, there shall be no order as to costs."

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