Bimla Rani and Anr. Vs State of Haryana and Ors. — Land Acquisition | Punjab & Haryana HC (2025)

Bimla Rani and Anr. Vs State of Haryana and Ors. — Land Acquisition | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Main appeal RFA-5084-2012 (O&M) disposed of in terms of the decision dated 01.09.2014 in RFA-2250-2011: landowners whose land abuts the main road entitled to compensation @ Rs.18,31,500/- per acre upto the depth of two acres, and @ Rs.15,00,000/- per acre for the remaining land, together with all statutory benefits available under the Act; pending application(s), if any, also stand disposed of.

Issue for consideration

Whether the appellants-landowners are entitled to compensation at the enhanced market value determined in the decision dated 01.09.2014 in RFA-2250-2011 for this very acquisition (commencing with the notification dated 01.01.2002 under Section 4 of the 1894 Act), i.e., Rs.18,31,500/- per acre upto depth of 2 acres abutting the main road and Rs.15,00,000/- per acre over the remaining land, besides statutory benefits.

Court's answer

Both parties being ad idem that, vide the decision dated 01.09.2014 in RFA-2250-2011, the market value for this very acquisition stands enhanced to Rs.18,31,500/- per acre upto depth of 2 acres abutting the main road and Rs.15,00,000/- per acre over the remaining land, besides other statutory benefits in favour of landowners, the present appeal is disposed of in terms of that decision.

Ratio / Principle

The application CM-1826-CI-2025 filed under Section 151 CPC for fixing an early date in the main case is allowed (notice accepted by the DAG, Haryana without objection), and the main case RFA-5084-2012 (O&M) is taken up on board the same day.

Key takeaways

The Court records the parties' agreed position that per the decision dated 01.09.2014 in RFA-2250-2011 the market value for this acquisition now stands at Rs.18,31,500/- per acre upto depth of 2 acres abutting the main road and Rs.15,00,000/- per acre over the remaining land, with all statutory benefits available to the landowners under the Act, and gives effect to the same in disposing of the appeal.ratio¶24

Detailed headnote1 paragraphs

Land acquisition – Enhancement of compensation – RFA-5084-2012 (O&M) – Land in Sector-6, Rohtak acquired vide notification dated 01.01.2002 under S.4 and notification dated 30.12.2002 under S.6 of the Land Acquisition Act, 1894; collector's award under S.11 dated 29.12.2004; reference under S.18 decided on 30.11.2010 by the Reference Court-cum-Addl. District Judge, Rohtak, partly allowed, fixing market value at Rs.8,65,435/- per acre plus statutory benefits – appellants-landowners appealed. Both sides ad idem that, vide this Court's decision dated 01.09.2014 in RFA-2250-2011 concerning the same acquisition, market value stands enhanced to Rs.18,31,500/- per acre upto depth of 2 acres abutting the main road and Rs.15,00,000/- per acre over the remaining land, with all statutory benefits. Application under S.151 CPC for early listing allowed; main case taken up the same day and the appeal disposed of in terms of the 01.09.2014 decision; pending applications disposed. Coram: Harkesh Manuja, Judge (oral); decided 01.09.2025.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CM-1826-CI-2025 IN/AND RFA-5084-2012 (O&M) Date of Decision: September 01, 2025

BIMLA RANI AND ORS

.. . .....Applicants/Appellants

Versus STATE OF HARYANA AND ORS ........Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: M r. Vishal Sharda, Advocate f o r the applicants-appellants.

M r. Abhishek Yadav, DAG, Ha r yana.

HARKESH MANUJA, J. (ORAL)

CM-1826-CI-2025

T h is is an application filed und e r Section 151 CPC for fixin g

of an early da t e in main case.

N o tice of the application. M r . Abhishek Yadav, DAG, H aryana accepts notice o n behalf of lear n ed counsel for the respondents and does not raise an y objection to t h e prayer made in the applica t ion.

H a ving heard learned counsel for the parties and in view o f the agreed s t and taken by learned cou n sel for the parties, presen t application is allowed and the main case is taken up on board toda y itself.

MAIN CASE

B y way of present appeal, challenge has been laid to a n award dated 3 0.11.2010 passed by learne d Reference Court-cum-Addl . District Judg e , Rohtak whereby, referen c e under petition preferred

TEJWINDER SINGH 2025.09.04 05:49 I agree to specified portions of this document

CM-1826-CI-2025 IN/AND RFA-5084-2012 (O&M) -2-

under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘1894 Act’) filed at the instance of appellants-landowners was partly allowed.

Briefly stating, certain land owned by appellants-landowners situated in District Rohtak came to be acquired vide notification dated 01.01.2002 issued under Section 4 of 1894 Act followed by notification dated 30.12.2002 issued under Section 6 thereof for the purpose of development and utilization or residential transport, communication, Sector-6 Rohtak. Award in this respect was announced under Section 11 of 1894 Act on 29.12.2004.

Aggrieved of the award passed by learned Land Acquisition Collector, appellant sought reference under Section 18 which was decided on 30.11.2010 making assessment of market value to the tune of Rs.8,65,435/- per acre besides award of other statutory benefits. Aggrieved of the aforesaid adjudication, appellants-landowners preferred the present appeal.

Both the parties are ad idem that vide decision dated 01.09.2014 passed in RFA-2250-2011, market value with respect to this very acquisition which commenced vide notification dated 01.01.2002 issued under Section 4 of 1894 Act now stands enhanced to Rs.18,31,500/- per acre upto depth of 2 acres abutting the main road and over the remaining land, the same has been assessed at Rs. 15,00,000/- per acre besides award of other statutory benefits in favour of landowners. The operative part of the judgment dated 01.09.2014 is extracted hereunder:-

TEJWINDER SINGH 2025.09.04 05:49 I agree to specified portions of this document

CM-1826-CI-2025 IN/AND RFA-5084-2012 (O&M)

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“For the foregoing reasons, the landowners, whose land is abutting the main road are held entitled to compensation @ Rs.18,31,500/- per acre upto the depth of two acres and for the remaining land, the landowners are held entitled to compensation @ Rs.15,00,000/- per acre. The landowners shall also be entitled to all statutory benefits available to them under the Act.”

In terms thereof, the present petition is disposed of.

Pending application(s), if any, shall also stand disposed of.

01.09.2025

Tejwinder

(HARKESH MANUJA)

	JUDGE
Whether speaking/reasoned	Yes/No
Whether Reportable	Yes/No

TEJWINDER SINGH 2025.09.04 05:49 I agree to specified portions of this document