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High Court of Punjab and HaryanaCWP/29189/2023disposed of

Mani Ram And ORS v. State Of Punjab And Others

2026-04-29Mr. Justice Harkesh Manuja3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 29.04.2026 Mani Ram and others .....Petitioners Vs State of Punjab and others ....Respondent(s) CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. R.S.Manhas, Advocate for the petitioners.

Mr. Karunesh Kaushal, AAG, Punjab.

**** HARKESH MANUJA, J. (Oral) By way of present writ petition, prayer has been made by the petitioners-landowners for setting aside the order dated 24.11.2023 (Annexure P-7) passed by respondent No.3 whereby the claim made by the petitioners for release of enhanced compensation in terms of judgment dated 02.11.2018 passed by this Court in RFA No.2225 of 1996 preferred at the instance of their co-sharers in the acquired land, was partly accepted and the market value was enhanced to the following effect:

All kinds of Barani land Rs.90,462/- Banjar Qadim/Jadid Rs.44,000/- Gair Mumkin Abadi Rs.1,60,000/- Chahi Rs.1,00,000/- 2.

Learned counsel for the petitioners while relying upon the decision rendered by Hon'ble Supreme Court in Ramphal and others vs. Haryana State Industrial and Infrastructure Development Corporation Ltd. & others, decided on 13.01.2026 submits that the claim of the petitioners

-2being co-sharers with the landowners-appellant in RFA No.2225 of 1996 needs to be granted and the enhanced amount needs to be released to them. 3.

Learned State counsel submits that once the petitionerslandowners were not party in RFA No.2225 of 1996, they are not entitled for the similar benefit of enhanced market value and prays that the present petition be dismissed.

4.

I have heard learned counsel for the parties and gone through the paper book as well as records of the case.

5.

In the given facts and circumstances, when the petitionerslandowners preferred LAC case No.157 of 1995 along with their co-sharers and the award was passed by the learned Reference Court on 05.02.1996; they failed to prefer Regular First Appeal before this Court against the decision dated 05.02.1996 though their co-sharers filed Regular First Appeal No.2225 of 1996 before this Court, which was partly accepted vide decision dated 02.11.2018, the petitioners-landowners being co-sharers with the appellants in RFA No.2225 of 1996 are entitled for award of same benefit as assessed by this Court vide decision dated 02.11.2018 in terms of judgment passed by Hon'ble Supreme Court in Ramphal and others' case(supra) though the claim towards interest needs to be restricted.

5.

In view of the aforesaid, the award dated 24.11.2023 is hereby set aside considering the fact that acquisition in the present case commenced vide notification dated 30.01.1992, respondent No.3 is directed to ensure that enhanced compensation be released in favour of the petitioners-landowners within four weeks.

6.

Writ petition is disposed of accordingly.

-37.

Pending application(s), if any, shall stand disposed of. April 29, 2026 (HARKESH MANUJA) sonia JUDGE Whether speaking/non-speaking: Yes Whether reportable :

No