Hardev Singh And Others v. State Of Haryana And Another

In the High Court of Punjab and Haryana, at Chandigarh Reserved On: 03.05.2025 Pronounced On: 15.05.2025 Hardev Singh and Others ... Appellant(s)

Versus

State of Haryana and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Shoaib Khan, Mr. Sushik K. Sharma and Ms. Swati Sharma and Mr. Anuj Kumar Sharma, Advocates, for the landowner(s).

Mr. Pritam Singh Saini, Advocate for Municipal Corporation, Panchkula.

Mr. Abhinash Jain, Deputy Advocate General, Haryana and Ms. Vibha Tewari, Assistant Advocate General, Haryana.

Anil Kshetarpal, J.

1.

Brief Facts of the Case 1.1 With the consent of the learned counsel representing the parties, a batch of 163 connected cases (162 Regular First Appeals and a Civil Revision), details whereof are given at the foot of the judgment, shall stand disposed of by this common order.

1.2 Through these 162 connected regular first appeals, the correctness of the award passed by the Reference Court (hereinafter referred to as "the RC") on 24.07.2024 is assailed. In Civil Revision No. 5761 of 2024, the Municipal Corporation, Panchkula, assails the correctness of the RC's order passed on 15.07.2024 while dismissing its application for

impleadment in the proceedings under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act"). 1.3 In the considered opinion of the Court, in this case, the following two issues require adjudication:- i) Whether the order passed on 15.07.2024 by the RC on 15.07.2004 dismissing the application filed by the Municipal Corporation for its impleadment in the proceedings under Section 18 of the 1894 Act is sustainable in the eyes of law?

ii) Whether the Reference Court is expected to decide application for permission to lead additional evidence which was filed before the First Appellate Court after the cases were remitted back to the RC for fresh decision? 1.4 The necessary and relevant details of the acquisition are as under:- S.No.

Date Particulars 1.

02.06.2006 Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act") was published proposing to acquire the land measuring 18.14 Acres in village Saketri, Tehsil and District Panchkula, for development and utilization of residential and commercial area in Sector 2, Mansa Devi Complex, Panchkula.

2.

20.02.2007 Declaration under Section 6 of the 1894 Act was published.

3.

02.04.2007 The Land Acquisition Collector (hereinafter referred to as "LAC" offered to pay to the landowners @ ₹20,00,000/- per acre while acquiring the land measuring 18.14 Acres.

4.

12.04.2014 The Reference Court (hereinafter referred to as "RC") has assessed the market value of the acquired land @ ₹1,618/- per square yard (₹78,31,120/- per acre). 5.

05.09.2022 The High Court remitted the matters back to the RC.

S.No.

Date Particulars 6.

24.07.2024 The Reference Court (hereinafter referred to as "RC") has assessed the market value of the acquired land @ ₹1,675/- per square yard (₹81,07,000/- per acre). 1.5 In order to comprehend the issues involved in the present case, the relevant facts, in brief, are required to be noticed. After the issuance of preliminary notification under Section 4 and declaration under Section 6 of the 1894 Act, the land measuring 18.14 acres in village Saketri, Tehsil and District Panchkula, Haryana was acquired for the development and utilization of the residential and commercial area in Sector 2, Mansa Devi Complex, Panchkula, vide award No. 24 announced on 02.04.2007 by the Land Acquisition Collector.

On the applications filed by the landowners under Section 18 of the 1894 Act, the RC assessed the market value @ ₹1,618/- per square yards (₹78,31,120/- per acre) which was challenged in the appeals filed by the landowners as well as the State of Haryana. During the pendency of appeals, the Municipal Corporation, Panchkula, filed the applications for impleadment which were allowed on 08.08.2022. The Government Pleader also filed an application under Order XLI Rule 27 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") read with Section 151 CPC for permission to lead additional evidence while proposing to produce copies of as many as 18 sale deeds along with a copy of the revenue layout plan marking the location of the acquired land and the sale deeds. This Court, on 05.09.

2022, remitted the matter back to the RC while observing as under:- "Needless to observe that all the objections/questions shall remain open for adjudication."

1.6 After having received the file, the RC took up the matter. On 08.02.2024, the Municipal Corporation filed an application for its impleadment as respondent and for permission to file the written statement. After repeated adjournments, the landowners filed reply to the application on 08.05.2024. From the order sheet, it appears that on 12.07.2024, the arguments were heard in the application for impleadment of the Municipal Corporation and the case was adjourned to 15.07.2024 for orders on the application which was dismissed by the RC. Thereafter, on 24.07.2024, the arguments in the main case were heard and decided. 2.

Analysis and Discussion 2.1 This Court is of the considered view that the matter is, once again, required to be remitted back for fresh decision. Consequently, the evidence led by the parties is not being discussed in detail. 2.2 First and foremost, the correctness of the order passed by the RC on 15.07.2024 while dismissing the application filed by the Municipal Corporation, Panchkula, for impleadment is required to be analyzed. 2.3 In the present batch of cases, the proceedings before the RC emanate from the applications filed under Section 18 of the 1894 Act by the landowners. It is significant to note that the Supreme Court in Muthavalli of Sha Madhari Diwan Wakf S.J. Syed Zakrudeen and Another v. Syed Zindasha and Others (2009) 12 SCC 280, held that the Tribunal exercises limited jurisdiction and as a result the application under Order I Rule 10 CPC is not maintainable. Similarly, in Prayag Upnivesh Awas Evam Nirman Sahkari Samiti Ltd. v. Allahabad Vikas Pradhikaran & Another (2003) 5 SCC 561, the Supreme Court held that the Tribunal has no

jurisdiction to convert the proceedings under Section 18 into Section 30 of the 1894 Act. Undoubtedly, at the stage of first appeal in the previous round, the Municipal Corporation was impleaded as respondent No.4, however, the RC was correct in dismissing the application for impleadment in view of the settled law. The Municipal Corporation may, if so advised, apply to the LAC for referring the matter to the RC under Section 30 of the 1894 Act, however, in the proceedings emnating from Section 18, the Municipal Corporation cannot claim impleadment as respondent. Consequently, the appeals filed by the Municipal Corporation as well as the Civil Revision shall stand dismissed.

However, the RC while deciding the reference petitions have committed the following significant errors:- I) The application filed by the State for permission to lead additional evidence vide CM-1991-CI-2022 in RFA4031-2015 was required to be decided by the RC particularly when the matter was remitted back for fresh decision. The State filed the application for seeking permission to produce on record the copies of 18 sale deeds which should have been allowed by the RC because the market value of the acquired land is required to be determined on the basis of the evidence adduced by the parties, and the sale exemplars play an important role in helping the Court to identify per acre price. II) As per Section 51-A of the 1894 Act, a certified copy of a document registered under the Registration Act, 1908, is admissible as evidence.

proof of the aforesaid document is not required to be adduced. In fact, the RC appears to have totally overlooked this aspect of the matter. On 15.07.2024, the RC dismissed the application filed by the Municipal Corporation for its impleadment whereas on 24.07.2004 the final decision was passed. Moreover, the RC was factually incorrect while recording finding to the effect that no sale deeds of the contemporary period are available. The State did produce as many as 18 sale deeds in their application for permission to lead additional evidence.

III) The RC has also erred in recording a finding that the acquired land does not fall in the definition of 'shamlat land'. Such finding was neither necessary nor appropriate as the RC failed to grant an opportunity to the parties to lead evidence with respect to said question. A very limited category of the land recorded in the name of 'shamlat patti' comes within the definition of 'shamlat land' as defined in Section 2(g) of the Punjab Village Common Land (Regulations) Act, 1961. As already noticed, the moment an application for impleadment by the Municipal Corporation was dismissed, the Court proceeded to pass the final award.

2.4 Consequently, the application filed for leading additional evidence is allowed and the State is permitted to produce a layout plan

(Annexure A-19) marking the location of the acquired land and the various parcels of land which were sold through the various sale deeds and the certified copies of the various sale deeds. An opportunity is required to be given to the landowners to lead evidence in response. They are also required to be given an opportunity to prove that "whether marking of the location of the acquired land and the various parcels of plots which were the subject matter of the case, was correct or not?"

2.5 Additionally, now the Municipal Corporation, Panchkula, will have an opportunity to file applications to the LAC with a request to refer the application filed under Section 30 of the 1894 Act to the RC for adjudication.

3.

Decision 3.1 Consequently, the impugned judgment passed by the RC on 24.07.2024 is set aside while directing the RC to decide the matter afresh. The appeals filed by the landowners are disposed of and the appeals filed by the Municipal Corporation, Panchkula as well as Civil Revision No. 5761 of 2024 are dismissed.

3.2 In view of the foregoing discussion, the first question is answered against the Municipal Corporation, Panchkula, because the application for impleadment as a party/respondent in the proceedings under Section 18 of the 1894 Act was not maintainable as the RC is a Court of limited jurisdiction.

3.3 With respect to the second issue, it is observed that the RC was expected to decide the application for seeking permission to lead additional evidence. Hence, the second issue is answered in affirmative.

3.4 The parties, through their learned counsel are directed to appear before the RC on 24.07.2025 at 10.00 A.M.

3.5 The miscellaneous application(s) pending, if any, in all the appeals, shall stand disposed of.

(Anil Kshetarpal) Judge May 15, 2025 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No Sr. No.

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RFA-912-2024 Municipal Corporation Panchkula Vs. Nirmal Singh and Others 139.

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RFA-968-2024 Municipal Corporation Panchkula Vs. Pritam Singh and Others (Anil Kshetarpal) Judge May 15, 2025 "DK"