(O&M) Ganga Sahay (through Lr.) Vs State of Haryana

By 0 020way of present applicati o n, prayer has been made fo r seeking permi s sion to lead additional evid e nce in the form of certifie d copy of sale d e eds dated 19.10.1987 and 0 5.12.1988 as Annexures A-1 and A-2 respe c tively.

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Notice of the application was iss u ed on 13.10.1998.

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De s pite notice, no reply ha s been filed on behalf o f

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respondent.

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I h a ve heard learned counse l for the parties and gon e through the pa p er-book.

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A p erusal of the record shows that dispute in the presen t case relates to determining of market value against compulsor y acquisition of l a nd owned by the applicant-l a ndonwer regarding which th e proceedings commenced vide notificati o n dated 19.02.1988 unde r Section 4 follo w ed by notification dated 13.02.1989 under Section 6 o f

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TEJWINDER SINGH 2026.02.17 13:55 I agree to specified portions of this document

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RFA-2709-1998(O&M)

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the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) in the Village Hodal Patti Andhua, Tehsil Palwal, District Faridabad. The documents sought to be led as additional evidence before this Court are sale deeds dated 19.10.1987 and 05.12.1988 as Annexure A-1 and A-2 respectively. A perusal of the said documents shows that sale deed dated 19.10.1987 (sought to be appended as Annexure A-1) pertains to the same revenue estate of village Hodal Patti Andhua, District Faridabad, as that of the acquired land, therefore, needs to be taken into account for the purpose of determining the market value.

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In given circumstances, it is evident that the said document shall help the Court to adjudicate upon the prayer made by the appellantlandowner in a complete and effective manner. Further, keeping in mind the objective and purpose of the Act which is to award just and fair compensation to the landowner, prayer made in the application qua production of certified copy of sale deed dated 19.10.1987 as additional evidence is allowed and the same is taken on record as Annexure A-1.

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It may be noticed here that since the sale deed dated 05.12.1988 Annexure A-2 relates to revenue estate of village Aurangabad, Sub-Tehsil Hodal, District Faridabad i.e. the different revenue estate, as such, the prayer qua the same is declined.

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MAIN CASE

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Learned counsel for the respondent on instructions from Mr. Anil, Tehsildar, Hodal submits that the main appeal now be decided on merits as the respondent do not intend to lead any evidence to rebut the additional evidence.

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By way of present appeal, challenge has been laid to the TEJWINDER SINGH judgment dated 12.02.1998 passed by the learned Additional District 2026.02.17 13:55 I agree to specified portions of this document

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RFA-2709-1998(O&M)

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Judge, Faridabad (for short ‘Reference Court’), whereby the reference petition filed under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) by the appellant-landowner, seeking enhancement of compensation was dismissed.

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Briefly stating, land measuring 75 kanals 5 marlas, situated within the revenue estate of Village Hodal Patti Andhua, Hadbast No.93, Tehsil Palwal, District Faridabad was acquired for the public purpose, namely, for building of Government Vocational Education Institute, Hodal, Tehsil Palwal, District Faridabad vide notifications dated 19.02.1988 issued under Section 4 of the Act followed by notification dated 13.02.1989 issued under Section 6 of the Act. The Land Acquisition Collector (for short ‘LAC’) passed Award No.1 dated 08.02.1991 assessing the market value at the rate of Rs.1,50,000/- per acre for Chahi and Gair Mumkin land and Rs.9,700/- for well and kotha/shed along with other statutory benefits under the Act.

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The appellant-landowner, feeling dissatisfied with the aformentioned award, sought reference under Section 18 of the Act pleading that the price of land was not less than Rs.1000/- per square yard.

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Upon notice, the same was contested by the respondentState and contended that the compensation awarded by the LAC was just and fair.

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On the basis of pleadings of the parties, the following issues were framed by learned Reference Court on 27.10.1997:-

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“1. What was the market value of the acquired land at the time of the publication of notification under Section 4 of the Land Acquisition Act? OPP

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TEJWINDER SINGH 2026.02.17 13:55 I agree to specified portions of this document

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RFA-2709-1998(O&M)

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2. Relief.”

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After considering the evidence, the learned Reference Court vide award dated 12.02.1998, dismissed the reference petition filed at the instance of appellant-landowner.

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Aggrieved of the aforesaid decision dated 12.02.1998 passed by the learned Reference Court, the appellant-landowner filed the present appeal.

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I have heard learned counsel for the parties and gone through the paper-book. I find substance in the submissions made on behalf of the appellant-landowner.

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A perusal of record shows that in the present case, the acquisition relates to 75 kanal 5 marlas of land forming part of revenue estate of village Patti Andhua, Sub-Tehsil Hodal, District Faridabad. The acquired land comprised of the following khasra numbers :

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“Khasra No.130/6, 15, 16, 15/1, 25/2, 131/10, 11/1, 11/2, 11/3, 11/4, 20, 21, 26, 154/1, 155/5 and 1303.”

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From the sale deed dated 19.10.1987 (Annexure A-1), it can be discerned that the same relates to 10 marlas of land forming part of khasra No.154/2 (8-10) Patti Andhua, Sub-Tehsil Hodal, District Faridabad. It is thus apparent that the land parcel forming part of the sale instance dated 19.10.1987 (Annexure A-1) comprised of khasra No.154/2, is just adjacent to the acquired land; which includes part of khasra No.154/1 and 155/5. In such circumstances, the land parcel forming part of sale instance dated 19.10.1987 (Annexure A-1), being in close proximity to the acquired land, the said sale deed needs to be taken into account for the purpose of determination of market value.

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TEJWINDER SINGH 2026.02.17 13:55 I agree to specified portions of this document

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RFA-2709-1998(O&M)

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Further, a perusal of site plan Annexure-A-1/1 depicts that the acquired land is located on the road leading from village Sondh to old GT Road whereas, the land parcel forming part of the sale instance dated 19.10.1987 is located exactly on the old GT Road. Vide sale deed dated 19.10.1987 (Annexure A-1), 10 marlas of land was sold for Rs.37,500/and the base price thereof comes to Rs.6,00,000/- per acre.

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11.1. Furthermore, the total acquired land in the case in hand is 75 kanals 5 marlas whereas, the land parcel forming part of sale exemplar dated 19.10.1987 (Annexure A-1) is barely 10 marlas and thus, the same is comparatively a smaller portion of land. For the aforementioned two counts; first there being locational difference between the land parcel forming part of sale deed Annexure A-1 and the acquired land and second, the smallness of area involved in sale exemplar Annexure A-1, an appropriate deduction of 50% needs to be applied.

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However, no cut is required to be applied towards development cost as the purpose of acquisition is for building of Government Vocational Education Institute, Hodal, Tehsil Palwal, District Faridabad and the respondent-State did not suffer any loss of land or cost towards providing of any additional infrastructural amenities to the acquired land.

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Accordingly, in the light of discussion made hereinabove, the market value of the land under acquisition comes to Rs.3,00,000/- per acre. [6,00,000/- -(50% of 6,00,000/-)] Besides it, the landownerappellant shall also be entitled for all the statutory benefits and interest, especially the interest on solatium.

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TEJWINDER SINGH 2026.02.17 13:55 I agree to specified portions of this document

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RFA-2709-1998(O&M)

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In view of the aforesaid circumstances, the present appeal is disposed of with the aforesaid modification.

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15. Wherever the landowner(s) has/have unfortunately expired in the appeal(s)/cross-objection(s) after filing thereof and the legal heirs have not been impleaded, they shall be at liberty to seek execution of the present decision by moving appropriate applications before the learned Executing Court.

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

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11.02.2026

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Tejwinder

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(HARKE J Whether speaking/reasoned	SH MANUJA) UDGE Yes/No
Whether Reportable	Yes/No

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TEJWINDER SINGH 2026.02.17 13:55 I agree to specified portions of this document

(O&M) Ganga Sahay (through Lr.) v. State of Haryana

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(O&M) Ganga Sahay (through Lr.) v. State of Haryana

Case brief

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