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High Court of Punjab and HaryanaRFA/2814/2017disposed of

Ritu And ANR v. State Of Haryana And ORS

2025-09-15Mr. Justice Deepak Gupta4 pages



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RFA-2814-2017 and other connected ma$ers Reserved on 12.09.2025.

Date of decision: 15.09.2025 Smt. Ritu and another ...Appellants

Versus

The State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Argued by: Mr. Aditya Jain and Mr. Rahul Vohra, Advocates for the appellant(s) in RFA Nos.2814 to 2822 of 2017; RFA-2689-2018; and RFA-3449-2017 Mr. Jaivir Singh, Advocate for Mr. Ashish Rawal, Advocate for the appellant(s) in RFA-1553-2017.

Mr. Virender Rana, Advocate for the appellant(s) in RFA-3460-2017.

Mr. Deepak Girotra, Advocate for the appellant(s) in RFA-3514-2018.

Mr. Gaurav Garg, AAG, Haryana for the appellant(s) in RFA Nos.2191 & 2192-2016: and for the respondents in all rest of cases.

**** DEEPAK GUPTA, J.

This judgment shall dispose of 16 regular first appeals, as tabulated below, filed under sec9on 54 of the Land Acquisi9on Act 1894, out of which 14 (S.N. 1 to 13 & 16) have been filed by the landowners; whereas two (S.N. 14 & 15) have been filed by the State of Haryana against the different awards passed by the Reference Court Gurugram, pertaining to land of village Choma.

 Sr No.

RFA No.

Appellants LA Case No.

Date of decision of Reference Court 2814/2017 Smt. Ritu & Anr. vs. State & Ors.

72/2013 02.02.2017 2815/2017 Uma Shankar Singh vs.

State and Ors.

71/2013 02.02.2017 2816/2017 Sa9sh Kumar vs. State & Ors.

69/2013 02.02.2017 2817/2017 Sushil Kumar & Anr. vs.

State & Ors.

68/2013 02.02.2017 2818/2017 Raj Kumar vs. State & Ors.

75/2013 02.02.2017 2819/2017 Smt. Nirmal Chopra vs.

State & Ors.

70/2013 02.02.2017 2820/2017 Krishan Bihar Choudhary & Anr. vs. State & Ors.

74/2013 02.02.2017 2821/2017 Shri Ram Prasad vs. State & Ors.

73/2013 02.02.2017 2822/2017 Amiye Kumar Jha vs. State & Ors.

65/2015 02.02.2017 3449/2017 T.P. Barnwal & Anr. vs.

State & Ors.

66/2015 02.02.2017 3460/2017 Suresh Kumar and others vs. State & Ors.

327/2014 02.02.2017 2689/2017 Yoginder Singh vs. LAC & Ors.

331/2013 02.02.2017 1553/2017 Vijay Kumar Saini and others vs. State & Anr.

58/2012 21.02.2014 2191/2016 State of Haryana & Anr.

vs. Sandeep & others 492/2015 09.11.2015 2192/2016 State of Haryana & Anr.

vs. Gajender & others 493/2015 09.11.2015 3514/2018 Sunil Kumar Goyal vs. LAC & Ors.

8/2016 30.01.2018 2.

26.61 acres of land belonging to the different landowners situated in village Choma, District Gurugram was no9fied for acquisi9on under Sec9on 4 of The Land Acquisi9on Act 1894, on 13.01.2010 followed by another no9fica9on dated 11.01.2012 under Sec9on 6 of the Act, for

 public purpose namely development and u9liza9on of the same for Sector roads of Sector 99 to 115, Gurugram. The Land Acquisi9on Collector vide award No.73 dated 31.03.2010 assessed the market value of the acquired land to be ₹60,00,000/- per acre.

3.

Dissa9sfied landowners sought references under sec9on 18 of the Act. The Reference Courts on the basis of evidence produced before them held the market value of the acquired land to be ₹1,46,45,799/- per acre.

4.

S9ll aggrieved, the landowners filed appeals before this Court seeking further enhancement, while the State challenged the Reference Court's award seeking its reversal.

5.

During hearing, learned counsel for the appellants-landowners submiIed that the present appeals are covered by the judgment dated 01.11.2019 passed in RFA-4775-2014, Tek Ram and another v. State of Haryana and Another, wherein a Co-ordinate Bench assessed the market value at ₹5,01,76,000/- per acre. This posi9on was not disputed by learned A.A.G., Haryana.

6.

It was, however, pointed out by the learned AAG that against the aforesaid judgment dated 01.11.2019, Special Leave Pe99on (Civil) Diary No.16232-2020 is pending before the Hon'ble Supreme Court, wherein vide order dated 19.11.2020, payment of the enhanced amount has been stayed.

7.

In view of the above, and with consent of both sides, these 16 appeals are disposed of in terms of the order dated 01.11.2019 in RFA4775-2014 (Tek Ram case, supra). Accordingly, the appellants-landowners shall be en9tled to compensa9on at ₹5,01,76,000/- per acre along with all statutory benefits under the amended provisions of the Land Acquisi9on Act, 1894. The appeals filed by the State/Acquiring Authority stand dismissed.

 8.

It is, however, clarified that the enhanced compensa9on shall not be released to the landowners un9l disposal of the aforesaid Special Leave Pe99on (Civil) Diary No.16232-2020 pending before the Hon'ble Supreme Court, and the present order shall remain subject to its outcome. 9.

All the pending miscellaneous applica9ons, if any, are also disposed of.

10.

All these appeals are disposed of accordingly. 15.09.2025 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No