(O&M) Ram Kishan S/O Ramji Lal Vs State of Haryana — Land Acquisition | Punjab & Haryana HC (2026)

(O&M) Ram Kishan S/O Ramji Lal Vs State of Haryana — Land Acquisition | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the decision in RFA-884-1995 (Hoshiar Singh and another Vs. State of Haryana, decided 04.11.2011): enhancement of Rs. 10,000/- per acre for all three categories of land over the Reference Court-assessed market value, along with all statutory benefits under the Act; pending miscellaneous applications stand disposed of.

Issue for consideration

Whether the appellant/landowner of Village Dawarkhana, whose land was acquired under the same notification dated 22.06.1990 for the same public purpose and was assessed by the LAC on parity with Village Lagerpur land, is entitled to the same enhancement of Rs. 10,000/- per acre for all three categories granted by this Court in RFA-884-1995 (Hoshiar Singh and another Vs. State of Haryana)?

Court's answer

The appellant is held entitled to enhancement of Rs. 10,000/- per acre for all three categories of acquired land over and above the market value assessed by the learned Reference Court, along with all statutory benefits provided under the Act.

Ratio / Principle

Entitlement rests on parity: the acquisition arises from the same notification dated 22.06.1990 for the same purpose, the LAC itself treated the land in the two revenue estates of Villages Dawarkhana and Lagerpur as of the same nature and potential while assessing market value, and the two revenue estates abut and adjoin each other in close vicinity.

Key takeaways

Where landowner(s) expired after filing appeal(s)/cross-objection(s) and their legal heirs were not impleaded, the heirs are at liberty to seek execution of the present decision by moving appropriate application(s) before the learned Executing Court.obiter¶10

Detailed headnote1 paragraphs

Land Acquisition — Enhancement — Parity of compensation. Land (17.04 acres, later found 17.55 acres) in Village Dawarkhana, Hadbast No.75, then Tehsil Jhajjar, District Rohtak, was acquired under notifications dated 04.06.1990 (published 22.06.1990) and 26.11.1990 (published 04.12.1990) issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for construction of the Gurgaon Water Supply Channel from RD 49950 to 58000 K.M. The LAC by award dated 04.06.1991 assessed Rs. 1,00,000/- per acre (Nehri/Chahi), Rs. 80,000/- per acre (Barani) and Rs. 60,000/- per acre (Banjar/Gair Mumkin); the Section 18 reference was decided on 02.11.1995 by the learned Additional District Judge, Rohtak, without enhancement. Identically placed landowners of adjoining Village Lagerpur, acquired under the same notification for the same purpose, had been granted enhancement of Rs. 10,000/- per acre for all three categories by this Court in RFA-884-1995, Hoshiar Singh and another Vs. State of Haryana (decided 04.11.2011); since the LAC had assessed both estates as of the same nature and potential, the appellant was held entitled to the like enhancement with all statutory benefits. The appeal was disposed of in terms of RFA-884-1995; legal heirs of landowners who died after filing without being impleaded were permitted to seek execution before the learned Executing Court. (Harkesh Manuya — Harkesh Manuja, J., oral, 09.03.2026.)

RFA-614-1996 (O&M) [1]

**IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *******

RFA-614-1996 (O&M) Date of Decision: 09.03.2026

Ram Kishan

…….Appellant

Versus

State of Haryana

..….Respondent

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr.Abhijeet Chaudhary, A d vocate for the appellant.

Mr.Abhinash Jain, DAG, H aryana.

-.-

HARKESH MANUJA, J. (ORAL)

By way of filing the pres e nt appeal challenge has b e en laid to the Award dated 02.11.1995, p assed by the learned Additional District J udge, Rohtak, (hereinafter referred to as the ‘Refere n ce Court’).

Briefly stating, 17.04 acre s of land (later found to be 17.55 acres), s ituated within the revenue estate of Village Dawarkhana, Hadbast No.75, the then Tehsil J hajjar, was acquired by the Govern m ent of Haryana vide n o tifications dated 04.06.1 9 90 (publish e d on 22.06.1990) and 26.11.1990 (published on 04.12.1 9 90), issued under Sections 4 and 6 of the Land Acquisi t ion Act, 189 4 , for short ‘the Act’ respectively, for public purpose i.e. for “ constru c tion of Gurgaon Water Sup p ly Channel from RD 4995 0 to 58000 K .M.” The Land Acquisition C o llector (for short ‘the LAC’) v ide

SANJAY GUPTA 2026.03.12 19:11 I attest to the accuracy and integrity of this document

RFA-614-1996 (O&M) [2]

award dated 04.06.1991 assessed m arket value in respect of the acquired land @ Rs.1,00,000/- p e r acre for Nehri/Chahi land, Rs.80,0 0 0/- per acre for Barani lan d and Rs.60,000/- per acre for Banjar and Gair Mumkin land, along with all other statutory ben e fits under th e Act.

Dissatisfied with the af o resaid award, the appell a nt/ landown e r filed reference petition i n voking Section 18 of the A ct, which c a me to be disposed of vide a ward dated 02.11.1995 pas s ed by the learned Reference Court, however, no enhancement w as made to the market value assessed b y the LAC. 4. Aggrieved of the Award p a ssed by the learned Refere n ce Court, t h e present appeal was prefer r ed at the instance of appell a nt/ landown e r.

I have head learned co u nsel for the parties and g o ne through t he paper-book.

In the present case, the acquisition proceedi n gs commenced vide notification dated 2 2 .06.1990 issued under Sec t ion 4 of the A ct, followed by an award da t ed 04.06.1991. The acquisi t ion was carried out for public purpos e , namely, for “ construction of Gurgao n Water Supply Channel from RD 49950 to 58000 K.M.” T he land under present acquisition relate s to the revenue estate of Vill a ge Dawark h ana, the then Tehsil Jhajjar , District Rohtak. The LAC v ide its awa r d granted market value @ Rs.1,00,000/- per acre for Nehri/C h ahi land, Rs.80,000/- pe r acre for Barani land a nd

SANJAY GUPTA 2026.03.12 19:11 I attest to the accuracy and integrity of this document

RFA-614-1996 (O&M) [3]

Rs.60,0 0 0/- per acre for Banjar and G air Mumkin land, along with all other st a tutory benefits under the Act. 7. Admittedly, vide same n o tification, certain land for the same public purpose was acquired fr o m the nearby revenue estat e of Village Lagerpur, Tehsil Jahjjar, D istrict Rohtak. For the said acquisiti o n, the LAC vide its award d a ted 30.05.1991 granted ma r ket value @ Rs.1,00,000/- per acre for N e hri/Chahi land, Rs.80,000/- per acre for Barani land and Rs.60,000/per acre for Banjar Kadim land. Howeve r , the same was later enha n ced by this court vide deci s ion dated 0 4 .11.2011 passed in RFA-884 of 1995 titled as Hoshiar Singh and another Vs. State of Haryana by granting enhancement in favou r of landowners to the tune o f Rs.10,000/- per acre for all the three categories of the acquired la n d over and above the ma r ket value as s essed by the learned Refer e nce Court. 8. Keeping in mind the afore s aid, since the acquisition in the present case, relates to the same notification dated 22.06.1 9 90 carried o ut for the same purpose an d even the LAC treated the l a nd in the t w o revenue estates of Villag e s Dawarkhana and Lagerpu r to be of sa m e nature and potential whil e making assessment of ma r ket value. I n such circumstances, the appellant herein is also held entitled for the grant of similar e nhancement to the tune of Rs.10,0 0 0/- per acre for all the thr e e categories of land over a nd above t h e market value assessed b y the learned Reference C o urt along with all statutory benefits as p rovided under the Act, whe n it

SANJAY GUPTA 2026.03.12 19:11 I attest to the accuracy and integrity of this document

RFA-614-1996 (O&M) [4]

has not b een disputed that both the r e venue estates are abutting a nd adjoinin g being in close vicinity. 9. Consequently, the appeal preferred at the instance of appellant/landowner is disposed of in terms of the decision rendere d by this Court in RFA-884-1995, titled as Hoshiar Singh and another Vs. State of Haryana, d ecided on 04.11.2011 . 10. Further, wherever, the landowner(s) has/h a ve unfortun a tely expired in the appeal( s )/ cross-objection(s) after filing thereof a nd the legal heirs have not b een impleaded, they shall b e at liberty t o seek execution of the present decision by mo v ing appropri a te application(s) before the l e arned Executing Court. 11. Pending misc. applicati o n(s), if any, shall also st a nd

dispose d of.

09.03.2026 (HARKESH MANUJA) sanjay JUDGE Whether speaking/reason e d? Yes/No Whether Reportable? Yes/No

SANJAY GUPTA 2026.03.12 19:11 I attest to the accuracy and integrity of this document