Financial Commissioner And Principal … vs Jamila on 6 July, 2026

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    Punjab-Haryana High Court

    Financial Commissioner And Principal … vs Jamila on 6 July, 2026

                  RFA-366-2025 (O&M) and connected matters                                        -1-
    
    
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                 AT CHANDIGARH
                  106 (80 cases)                                       RFA-366-2025 (O&M)
                                                                       Date of Decision: 02.07.2026
    
                  Financial Commissioner & Principal Secretary to Government of
                  Haryana and others                                ...Appellants
    
                                                            Versus
    
                  Jamila                                                                     ...Respondent
    
                                                             With
                 Sr.   Case No.                         Appellant(s)                     Respondent(s)
                 No.
                 2.  RFA-732-2025          Financial Commissioner & Principal       Abdul Wahid
                     (O&M)                 Secretary to Government of Haryana and
                                           others
                 3.        RFA-733-2025    Financial Commissioner & Principal       Aarsh Mohammad and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 4.        RFA-734-2025    Financial Commissioner & Principal       Jhajbi
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 5.        RFA-735-2025    Financial Commissioner & Principal       Mohammad Suleman
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 6.        RFA-736-2025    Financial Commissioner & Principal       Abdul Wahid
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 7.        RFA-737-2025    Financial Commissioner & Principal       Umardin and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 8.        RFA-738-2025    Financial Commissioner & Principal       Alla Bux
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 9.        RFA-739-2025    Financial Commissioner & Principal       Ayyub Khan and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
    
                 10.       RFA-740-2025    Financial Commissioner & Principal       Attaula Khan through
                           (O&M)           Secretary to Government of Haryana and   LRs and others
                                           others
                 11.       RFA-741-2025    Financial Commissioner & Principal       Desh Raj
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 12.       RFA-742-2025    State of Haryana and others              Tayyub and others
                           (O&M)
                 13.       RFA-743-2025    Financial Commissioner & Principal       Nasruddin @ Nasru and
                           (O&M)           Secretary to Government of Haryana and   another
                                           others
                 14.       RFA-744-2025    Financial Commissioner & Principal       Mohammad and another
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 15.       RFA-745-2025    Financial Commissioner & Principal       Ayyub and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 16.       RFA-746-2025    Financial Commissioner & Principal       Haroon and others
                           (O&M)           Secretary to Government of Haryana and
    MOHIT KUMAR                            others
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.
                   RFA-366-2025 (O&M) and connected matters                                            -2-
    
    
                 17.       RFA-747-2025    Financial Commissioner & Principal       Jan Mohammad            and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 18.       RFA-748-2025    Financial Commissioner & Principal       Bundu and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 19.       RFA-749-2025    Financial Commissioner & Principal       Mohd. Iliyash (Deceased)
                           (O&M)           Secretary to Government of Haryana and   through his LRs and
                                           others                                   others
                 20.       RFA-750-2025    State of Haryana and others              Suleman
                           (O&M)
                 21.       RFA-751-2025    State of Haryana and others              Gram Panchayat Akera
                           (O&M)
                 22.       RFA-752-2025    Financial Commissioner & Principal       Atru and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 23.       RFA-753-2025    Financial Commissioner & Principal       Mustak    Ahmed         and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 24.       RFA-754-2025    Financial Commissioner & Principal       Mohammad          Usman
                           (O&M)           Secretary to Government of Haryana and   (Deceased) through his
                                           others                                   LRs and others
                 25.       RFA-759-2025    Financial Commissioner & Principal       Deenu @ Deen Mohd.
                           (O&M)           Secretary to Government of Haryana and   (Deceased) through his
                                           others                                   LRs and others
                 26.       RFA-895-2025    Financial Commissioner & Principal       Israil and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 27.       RFA-896-2025    Financial Commissioner & Principal       Mohd. Iliyash (Deceased)
                           (O&M)           Secretary to Government of Haryana and   through LRs and others
                                           others
                 28.       RFA-897-2025    Financial Commissioner & Principal       Kamruddin and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 29.       RFA-898-2025    Financial Commissioner & Principal       Mohd. Iliyash (Deceased)
                           (O&M)           Secretary to Government of Haryana and   through LRs and others
                                           others
                 30.       RFA-899-2025    Financial Commissioner & Principal       Mohammad          Israil
                           (O&M)           Secretary to Government of Haryana and   (Deceased) through his
                                           others                                   LRs and others
                 31.       RFA-901-2025    Financial Commissioner & Principal       Arshad Hussain and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 32.       RFA-9011-       Financial Commissioner & Principal       Najir Ahmed and others
                           2025 (O&M)      Secretary to Government of Haryana and
                                           others
                 33.       RFA-902-2025    Financial Commissioner & Principal       Samsu       (Deceased)
                           (O&M)           Secretary to Government of Haryana and   through his LRs and
                                           others                                   others
                 34.       RFA-903-2025    Financial Commissioner & Principal       Mohammad Khan and
                           (O&M)           Secretary to Government of Haryana and   another
                                           others
                 35.       RFA-905-2025    Financial Commissioner & Principal       Wali Mohammad           and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 36.       RFA-906-2025    Financial Commissioner & Principal       Mohammad Ahsan and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 37.       RFA-907-2025    Financial Commissioner & Principal       Pawan Kumar
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 38.       RFA-908-2025    Financial Commissioner & Principal       Mohd.    Farookh        and
                           (O&M)           Secretary to Government of Haryana and   others
    MOHIT KUMAR
                                           others
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.
                   RFA-366-2025 (O&M) and connected matters                                          -3-
    
    
                 39.       RFA-909-2025    Financial Commissioner & Principal       Aash Mohammad
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 40.       RFA-910-2025    Financial Commissioner & Principal       Muntajir and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 41.       RFA-911-2025    Financial Commissioner & Principal       Mohammad Hassam
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 42.       RFA-912-2025    Financial Commissioner & Principal       Liyakat Ali
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 43.       RFA-913-2025    Financial Commissioner & Principal       Najir Ahmed and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 44.       RFA-914-2025    Financial Commissioner & Principal       Mohammad Ikbal
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 45.       RFA-915-2025    Financial Commissioner & Principal       Khurshid      Ahmed   and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 46.       RFA-916-2025    Financial Commissioner & Principal       Idrish and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 47.       RFA-917-2025    Financial Commissioner & Principal       Sabir Hussain and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
    
                 48.       RFA-918-2025    Financial Commissioner & Principal       Sufiyan and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 49.       RFA-919-2025    Financial Commissioner & Principal       Nasruddin and another
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 50.       RFA-920-2025    Financial Commissioner & Principal       Ali Mohammad          and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 51.       RFA-921-2025    Financial Commissioner & Principal       Ashik      Hussain    and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 52.       RFA-922-2025    Financial Commissioner & Principal       Wali Mohammad         and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 53.       RFA-923-2025    Financial Commissioner & Principal       Khurshid      Ahmed   and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 54.       RFA-924-2025    Financial Commissioner & Principal       Kasam
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 55.       RFA-925-2025    Financial Commissioner & Principal       Hajir Ahmed and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 56.       RFA-926-2025    Financial Commissioner & Principal       Sahabuddin and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 57.       RFA-927-2025    Financial Commissioner & Principal       Abdul           Majeed
                           (O&M)           Secretary to Government of Haryana and   (Deceased) through LRs
                                           others                                   and others
                 58.       RFA-928-2025    Financial Commissioner & Principal       Ajmat Khan and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 59.       RFA-929-2025    Financial Commissioner & Principal       Yunus and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
    MOHIT KUMAR
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.
                   RFA-366-2025 (O&M) and connected matters                                         -4-
    
    
                 60.       RFA-930-2025    Financial Commissioner & Principal       Farukh and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 61.       RFA-931-2025    Financial Commissioner & Principal       Jamil Ahmed and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 62.       RFA-932-2025    Financial Commissioner & Principal       Mohammed         Sahood
                           (O&M)           Secretary to Government of Haryana and   (deceased) through LRs
                                           others                                   and others
                 63.       RFA-933-2025    Financial Commissioner & Principal       Mohammad Mubin and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 64.       RFA-934-2025    Financial Commissioner & Principal       Sabir Hussain and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 65.       RFA-935-2025    Financial Commissioner & Principal       Idrish and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 66.       RFA-936-2025    Financial Commissioner & Principal       Asgar Khan and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 67.       RFA-937-2025    Financial Commissioner & Principal       Mohammad         Sahood
                           (O&M)           Secretary to Government of Haryana and   (deceased) through LRs
                                           others                                   and others
                 68.       RFA-938-2025    Financial Commissioner & Principal       Asgar    Hussain    and
                           (O&M)           Secretary to Government of Haryana and   others
                                           others
                 69.       RFA-939-2025    Financial Commissioner & Principal       Barafat (minor) through
                           (O&M)           Secretary to Government of Haryana and   mother
                                           others
                 70.       RFA-940-2025    Financial Commissioner & Principal       Sardar Khan (Deceased)
                           (O&M)           Secretary to Government of Haryana and   through LRs and others
                                           others
                 71.       RFA-941-2025    Financial Commissioner & Principal       Ibrahim and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 72.       RFA-942-2025    Financial Commissioner & Principal       Akhtar and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 73.       RFA-943-2025    Financial Commissioner & Principal       Nasruddin @ Nasru
                           (O&M)           Secretary to Government of Haryana and   (Deceased) through his
                                           others                                   LRs and others
                 74.       RFA-944-2025    Financial Commissioner & Principal       Ayyub Khan and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 75.       RFA-945-2025    Financial Commissioner & Principal       Yasin (now Deceased)
                           (O&M)           Secretary to Government of Haryana and   through his LRs and
                                           others                                   others
                 76.       RFA-946-2025    Financial Commissioner & Principal       Bundu and others
                           (O&M)           Secretary to Government of Haryana and
                                           others
                 77.       RFA-1172-       Jamila                              State of Haryana and
                           2025 (O&M)                                          others
                 78.       RFA-1317-       Mohammad Sahood through his LRs and DRO-cum-LAC, Mewat
                           2025 (O&M)      others                              at Nuh and others
                 79.       RFA-367-2025    Mohammad                            DRO-cum-LAC, Mewat
                           (O&M)                                               at Nuh
                 80.       RFA-376-2025    Juhruddin @ Jahiruddin through his State of Haryana and
                           (O&M)           LRs                                 others
    
    
    
    
    MOHIT KUMAR
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.
                   RFA-366-2025 (O&M) and connected matters                                      -5-
    
    
                  CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
                  Present: -               Mr. Abhinash Jain, Additional Advocate General, Haryana
                                           (representing appellant-State)
                                           Mr. Anas Ahmed, Advocate for appellants
                                           (in RFA-367-2025 & RFA-376-2025)
                                           Mr. Anjum Ahmed, Advocate for respondent in RFA-366-2025
                                           and for petitioner in RFA-1172-2025
                                           Mr. Munfaid Khan, Advocate for appellant in RFA-1317-2025
                                           ***
                  JAGMOHAN BANSAL, J. (Oral)
    

    1. As common issues are involved in the captioned appeals, with

    the consent of both sides, the same are hereby disposed of by this common

    SPONSORED

    order. For the sake of brevity and convenience, facts are borrowed from RFA

    No.366 of 2025.

    2. The appellant-State through instant appeal is seeking setting

    aside of award dated 23.08.2024 whereby learned Additional District Judge,

    Nuh has enhanced amount of compensation awarded by Land Acquisition

    Collector.

    3. The Superintending Engineer, Yamuna Water Services Circle,

    Faridabad on 18.11.2013 issued notification under Section 4 of the Land

    Acquisition Act, 1894 (for short ‘1894 Act’) regarding acquisition of 108

    acres of land situated within the revenue estate of village Akera, Tehsil &

    District Nuh for constructing a reservoir for irrigation in the village Akera.

    The said notification was followed by notification dated 20.01.2014 issued

    under Section 6 of 1894 Act.

    4. The Land Acquisition Collector-cum-DRO, Mewat at Nuh

    passed Award No.1 of 2015 dated 30.01.2015. According to notification

    under Section 6, the area was 108 acres but upon actual measurement, the
    MOHIT KUMAR
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.

    RFA-366-2025 (O&M) and connected matters -6-

    award came up to be passed in respect of 107.1625 acres of land. Market

    value of the acquired land was fixed as ₹22 Lakhs per acre. Landowners

    were held entitled to solatium equivalent to 100% of compensation as per

    Section 30(1) of the Right to Fair Compensation and Transparency in Land

    Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘2013

    Act’). Landowners were also held entitled to an amount of 12% of the

    market value as per Section 30(3) of the 2013 Act from 18.11.2013 (date of

    publication of notification under Section 4 of 1894 Act) to 30.01.2015 (date

    of award dated 30.01.2015). Aggrieved from aforesaid award, reference

    petitions were preferred by interested persons before the Land Acquisition

    Collector which were forwarded to Court as References under Section 64 of

    the 2013 Act.

    5. The landowners pleaded that compensation awarded by the

    Land Acquisition Collector-cum-DRO, Nuh was grossly inadequate as the

    market value, on the date of notification under Section 4 of 1894 Act, was

    not less than ₹1 Crore per acre. The Land Acquisition Collector while

    determining the market value of their land failed to take into account the

    prevailing market rates and passed the award without conducting a spot

    survey or considering the land’s potential. The land in question is located

    near the State Highway, Rozka Meo Industrial Estate, KMP Expressway and

    is 18 Kms away from Sohna, an area with several resorts, hotels, golf clubs,

    tourist complexes, residential sectors, commercial institutions, farmhouses,

    poultry farms, and well-maintained roads, all of which existed before the

    notification under Section 4 of 1894 Act. The land contained valuable

    features such as tube-well rooms, wire-fencing, underground pipelines and

    MOHIT KUMAR valuable trees, however, none of which were assessed or compensated by the
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.

    RFA-366-2025 (O&M) and connected matters -7-

    Collector. The Haryana Government had previously acquired land in nearby

    villages such as Manesar and Kasan where higher compensation was

    awarded but this fact was not considered in the case of the reference

    petitioners. At the time of the notification, the average value of surrounding

    land was approximately ₹3 Crore per acre yet was ignored.

    6. Reference Court, considering evidence led by both sides,

    adjudicated 44 petitions vide award dated 12.09.2017, 28 petitions vide

    award dated 19.08.2017 and 4 petitions vide award dated 03.04.2018. In

    total 76 reference petitions were decided.

    7. Landowners as well as State assailed aforesaid awards before

    this Court which vide judgment dated 23.09.2021 passed in RFA No.236 of

    2018, Financial Commissioner v. Attaulla Khan & connected 137 appeals,

    allowed all the appeals filed by landowners as well as by State of Haryana

    and set aside the awards dated 19.08.2017, 12.09.2017 & 03.04.2018. The

    matter was remanded to the Reference Court with a direction to decide the

    matter afresh after granting opportunity to the parties to lead further

    evidence.

    8. Pursuant to the orders of this Court, the Reference Court vide

    common award dated 02.04.2022 decided 76 reference petitions along with

    another reference petition LAC/11/2019 titled as Khurshid v. State. The

    parties preferred appeals before this Court against award dated 02.04.2022

    which were disposed of vide order dated 13.12.2022 and matter was again

    remitted to the Reference Court. Learned Additional District Judge, Nuh

    vide impugned order dated 23.08.2024 has adjudicated reference petitions.

    State as well as landowners are in appeal before this Court.
    MOHIT KUMAR
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.

    RFA-366-2025 (O&M) and connected matters -8-

    9. Learned counsel for the appellant-State submits that Reference

    Court has not complied with provisions of 2013 Act in true spirit. The

    impugned orders deserve to be set aside. The Reference Court has wrongly

    applied multiplier of 1.25 whereas it should be 1 because as per notification

    dated 04.12.2014 issued by the State Government, multiplier factor of 1 in

    case of rural as well as urban land was applicable. The Reference Court has

    relied upon notification dated 23.01.2018 which could not be applied. The

    notification dated 23.01.2018 is not having retrospective effect, thus,

    Reference Court has wrongly invoked notification of 2018. The Reference

    Court has applied cut of 30% whereas it should be more. The land in

    question was not used for harvesting and there was no crop in the acquired

    land, thus, higher cut was warranted.

    10. Per contra, learned counsel for the respondents who are also

    representing appellants in appeals filed by few landowners submit that

    Reference Court has wrongly applied cut of 30%. There was no question to

    apply cut. There is no provision in the 2013 Act to apply cut still Reference

    Court has applied cut of 30%. The Reference Court has not further

    considered question of interest as provided under Section 80 of 2013 Act.

    11. Heard the arguments and perused the record.

    12. Learned counsel for the parties are ad idem that delay in filing

    any appeal which is part of present bunch may be condoned. Accordingly,

    delay, if any, in any case, stands condoned.

    13. This is third round of litigation. On the two earlier occasions,

    the matter was remanded to Reference Court which has passed impugned

    order. Two landowners namely Khurshid Ahmed and Azad Ahmed preferred
    MOHIT KUMAR
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.

    RFA-366-2025 (O&M) and connected matters -9-

    CWP No.25944 of 2014 which was allowed by Division Bench of this Court

    vide order dated 05.09.2017. It was held that notification issued under

    Section 4 qua petitioners has lapsed. The appellant-State preferred SLP

    which came to be allowed vide order dated 28.07.2022, however, with a

    direction that provisions of 2013 Act shall be applied for the determination

    of compensation amount. Land Acquisition Collector has passed award

    dated 02.12.2025 whereby amount of compensation has been determined.

    The aforesaid petitioners have preferred reference petition against the

    aforesaid award. The respondents in present appeals were neither party to

    CWP No.25944 of 2014 nor CWP No.2649 of 2023. The State counsel,

    during the course of hearing, attempted to plead that award dated 02.12.2025

    is applicable to entire acquired land. In view of impugned award of

    Authority-Reference Court, award dated 02.12.2025 passed by Land

    Acquisition Collector can neither be relied upon nor applied to the

    respondents herein.

    14. There is another aspect of the matter. Hon’ble Supreme Court

    vide order dated 28.07.2022 passed in SLP (Civil) No.7490 of 2019 filed by

    State has ordered to apply 2013 Act for the determination of compensation

    amount. The impugned order has been passed applying provisions of 2013

    Act, thus, there is compliance of judgment of Hon’ble Supreme Court.

    15. The appellant-State is not disputing either applicability of 2013

    Act or sale deeds relied upon by Reference Court. The appellant-State is

    disputing only quantum of multiplier factor. As per appellant, the multiplier

    of 1, in terms of notification dated 04.12.2014, was applicable whereas

    Reference Court has applied multiplier of 1.25 as provided in notification
    MOHIT KUMAR
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.

    RFA-366-2025 (O&M) and connected matters -10-

    dated 23.01.2018. The said notification is not having retrospective effect,

    thus, has been wrongly applied.

    16. The appellant before the Reference Court pleaded that

    multiplier of 1.25 should be applied instead of 1.50. The landowners were

    pleading that multiplier of 1.50 should be applied. Reference Court rejected

    contention of landowners-respondents and held that there is no evidence

    disclosing that acquired land is located at a distance of more than 10 Kms

    from the outer boundary of the urban area. The appellant-State before this

    Court is pleading that multiplier of 1 as per notification dated 04.12.2014

    should be applied. Contention of the appellant deserves to be rejected on the

    sole ground that State before Reference Court did not plead that multiplier of

    1 should be applied. The State was pleading that multiplier of 1.25 instead of

    1.50 should be applied. The Reference Court has accepted contention of

    appellant-State, thus, their argument, at this stage that multiplier of 1 should

    be applied, is misconceived.

    17. The matter needs to be examined from another angle. The

    appellant is claiming that notification dated 04.12.2014 was required to be

    applied instead of notification dated 23.01.2018. By notification dated

    04.12.2014, sub-rule (5) was inserted in Rule 4 of Haryana Right to Fair

    Compensation and Transparency in Land Acquisition, Rehabilitation and

    Resettlement Rules, 2014 (for short ‘2014 Rules’). The aforesaid Rules

    came to be repealed by Rule 35 of Haryana Right to Fair Compensation and

    Transparency in Land Acquisition, Rehabilitation and Resettlement Rules,

    2018 (for short ‘2018 Rules’) which reads as:

    MOHIT KUMAR
    2026.07.06 14:09
    I attest to the accuracy and

    authenticity of this order/judgment.

    RFA-366-2025 (O&M) and connected matters -11-

    “35. Repeal.- The Haryana Right to Fair Compensation and
    Transparency in Land Acquisition, Rehabilitation and
    Resettlement Rules, 2014 shall stand repealed:

    Provided that any action taken under the rules so
    repealed, shall be deemed to have been taken under these
    rules.”

    As per proviso to Rule 35, any action taken under the repealed

    Rules shall be deemed to have been taken under 2018 Rules. The impugned

    award was passed after introduction of 2018 Rules. No decision qua

    demised land was taken as per 2014 Rules.

    18. Rule 25(1) of 2018 Rules provides that compensation shall be

    determined as per provisions laid down under Sections 26 to 30 read with

    notification issued under Column 3 against Serial No.2 of the First Schedule

    to the 2013 Act. Rule 25(1) of 2018 Rules reads as:

    “25. Determination of compensation- (1) The compensation
    shall be determined as per the provisions laid down under
    Section 26 to Section 30 read with the notification issued
    under column 3 against serial number 2 of the First Schedule
    to the Act
    .”

    19. Notification under Column 3 of Serial No.2 of First Schedule of

    2013 Act was issued on 23.01.2018 whereby multiplier factor was notified.

    2014 Rules were framed in exercise of power conferred by Section 109 read

    with Section 112 of 2013 Act. The said Rules were not framed in exercise of

    power conferred by Column 3 of Serial No.2 of the First Schedule of 2013

    Act. The State Government is empowered to notify multiplier factor by First

    Schedule of 2013 Act. The State Government has issued notification dated

    23.01.2018 under First Schedule of 2013 Act. There is no Rule in 2018 Act

    which provides for multiplier factor. It shows that Rule 4(5) of 2014 Rules
    MOHIT KUMAR
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.

    RFA-366-2025 (O&M) and connected matters -12-

    could not be relied upon. It is further apt to notice that notification dated

    04.12.2014 [Rule 4(5) of 2014 Rules] notified multiplier factor 1 in respect

    of rural areas irrespective of distance from urban areas. This Rule was

    patently contrary to Schedule I of 2013 Act. As per First Schedule,

    multiplier factor of urban areas is 1 and State Government is required to

    notify multiplier factor for rural areas ranging from 1 to 2 as per distance of

    project from the urban area. The State Government by notifying multiplier

    factor 1 for rural areas irrespective of distance from urban area outraged

    intent of First Schedule of 2013 Act. In this backdrop, notification dated

    23.01.2018 was rightly relied upon instead of Rule 4(5) of 2014 Rules.

    20. The appellant has further contended that Reference Court has

    wrongly applied cut of 30% whereas it should be more, may be 50%. The

    respondent-landowners are claiming that there is no provision in 2013 Act

    permitting to apply cut. The Reference Court has wrongly relied upon

    different judgments of Hon’ble Courts which are dealing with provisions of

    1894 Act whereas their case is governed by 2013 Act.

    21. Reference Court has considered at length question of cut. The

    relevant extracts of impugned award read as:-

    “93. A perusal of the evidence adduced from the side of
    respondents shows that Ankit Bhardwaj, SDO Nuh Water
    Services Sub-Division, Nuh appeared as RW1 on 5.6.2017 &
    Rajesh Kumar, Sub-Divisional Officer, Nuh Water Services
    Sub-Division, Nuh appeared as RW2 on 7.3.2022. A
    threadbare examination of their affidavits would show that
    apart from a cursory mention in Para No. 2 of their
    respective affidavits that “…..the land has been acquired for
    the public purposes namely Kotla Jheel..”, there is no mention
    of any fact as regards the developmental work required for
    MOHIT KUMAR
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.

    RFA-366-2025 (O&M) and connected matters -13-

    construction of reservoir. Instead of proving facts in this
    regard, towards justifying any deduction as a developmental
    cut, there is not even a mention of any costs, likely to be
    incurred. There is no mention of any valuation of civil work,
    which would be required in respect of the acquired land.

    94. For want of any evidence from the side of respondents
    justifying any deduction as aforesaid, and in light of the
    observations made in various judicial pronouncements as
    noted hereinbefore from para 87 to 92, wherein it is held that
    no deduction is to be applied for development, in such like
    cases, where acquisition is made for construction of a
    reservoir and the land is required for submersion, this
    authority finds no reason to apply any deduction on the
    market value, towards developmental charges.

    95. However, considering the small size of the exemplar
    sale deeds, as mentioned in Table III, for areas of 484,
    1058.75 & 181.5, in Sq. Yards, for calculating the market
    value of 107.125 acres of land, this Authority, in light of the
    judicial pronouncements discussed above, finds a deduction
    of 30% to be appropriate in the given circumstances of the
    case.

    96. Accordingly, in the instant case as well, applying the
    deduction of 30% on the amount of Rs. 52,00,000/-, the
    market value for the purposes of Section 26(1), is determined
    as Rs. 36,40,000/- per acre.”

    22. Reference Court has recorded aforesaid findings while relying

    upon various judgments of different High Courts as well as judgments of

    Hon’ble Supreme Court in Haridwar Development Authority v. Raghubir

    Singh (2010) 11 SCC 581; Haryana State Agricultural Market Board v.

    Krishan Kumar (2011) 15 SCC 297; Lal Chand v. Union of India (2009)

    15 SCC 769; Chimanlal Hargovinddas v. Special Land Acquisition

    Officer, Poona 1998 (3) SCC 751; Trishala Jain & another v. State of
    MOHIT KUMAR
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.

    RFA-366-2025 (O&M) and connected matters -14-

    Uttaranchal & another (2011) 6 SCC 47; Karnataka Urban Water Supply

    & Drainage Board v. K.S. Gangadharappa, (2009) 11 SCC 164. In all the

    judgments, Supreme Court has held that deduction on account of

    development charges has to be considered in the peculiar facts and

    circumstances of each case. The purpose of acquisition is also a relevant

    factor for applying cut. The Court has permitted deduction for development

    cost ranging from 20% to 75% of price of small flats.

    23. In the present case, acquisition was for construction of

    reservoir, thus, no portion of acquired land was required for roads or

    common facilities. The area of land acquired was 107.1625 acres whereas

    size of exemplar sale deeds was 484, 1058.75 and 181.5 sq.yds. All the

    relied upon sale deeds comprised small pieces of land. In view of size of

    land acquired vis-à-vis size of land comprised in relied upon sale deeds, the

    Reference Court was justified in imposing cut of 30%. Supreme Court’s

    aforecited judgments are applicable to present case with full force. There is

    no illegality in the impugned decision. Cut imposed neither appears to be on

    the higher nor lower side.

    24. In the wake of above discussion and findings, appeals of State

    as well as landowners deserve to be dismissed and accordingly dismissed. It

    is hereby made clear that landowners, in view of statutory provision i.e.

    Section 80 of 2013 Act, shall be entitled to interest.

    
    
                                                                              (JAGMOHAN BANSAL)
                                                                                     JUDGE
    
                  02.07.2026
                  Mohit Kumar
                                            Whether speaking/reasoned      Yes/No
                                            Whether reportable             Yes/No
    MOHIT KUMAR
    2026.07.06 14:09
    I attest to the accuracy and
    authenticity of this order/judgment.
    



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