BEFORE THE HON'BLE COMMISSIONER, GURUGRAM DIVISION-

CUM-ARBITRATOR, HORC RAILWAY, GURUGRAM

IN THE MATTER OF:

1. Pawan aged 40 years, S/o Om Prakash, R/o Village Patli, Tehsil

Farrukh Nagar, District Gurugram

…..Petitioner

Versus
1. Union of India, Northern Railway Construction Organization,
New Delhi through its Secretary
2. The Chief Project Manager/General Manager, HRIDC, Plot. No.
143, 51h Floor, Rail Teal Tower, Sector-44, Gurugram– 122003
3. Sub Divisional Officer (Civil)-cum-Competent Authority(LA),
Pataudi, District Gurugram
4. State of Haryana through Collector, Gurugram
....Respondents

REFERENCE UNDER SECTION 20(H) & 20F (6) UNDER RAILWAY

PROJECT ACT, 1889 (AS AMENDED RAILWAY AMENDMENTACT,
2008)

A w a r d N o . 3 d a t e d 27.05.222
passed by Sh. Pradeep Kumar HCS,
Sub Divisional Officer (Civil)-cum-
Competent Authority ( L a n d
Acquisition) Pataudi

Regarding the Acquisition of land

Situated within the revenue estate of
Village Patli Hazipur, District
Gurugram

PURPOSE OF ACQUISITION: Acquisition of land for Haryana Orbital

Rall Corridor Project from Palwal to Sonipat via Sohna, Manesar and
Kharkhoda New BroadGauge Double Rail Line as Special Railway
Project of Village PatliHazipur, Tehsil Farrukh Nagar, Gurugram

LAND: Rect. No. 117, Killa No. 10/1 (5-12), 13(8-0), 12(8-0), 19 (8-0),
21/1/1 (0-4), extend to his shares situated within the revenue Estate
of VILLAGE PATLI HAZIPUR, Tehsil Farrukh Nagar, Gurugram.
Sir,
The Petitioners respectfully submits as under:-

1. That the Petitioners are/were co-owner in possession of the

agricultural land comprised in Rect. No. 117, Killa No. 10/1 (5-
12), 13(8-0), 12(8-0), 19 (8-0), 21/1/1 (0-4), extend to his shares
situated within the revenue Estate of VILLAGE PATLI HAZIPUR,
Tehsil Farrukh Nagar, Gurugram to the extent of their respective
share by way Jamabandi year 2016-2017. Copy of jamabandi is
annexed herewith.

2. That the abovesaid land has beenacquired by the respondents

for thepurpose of Haryana Orbital Rail Corridor Project from
Palwal to Sonipat via Sohna, Manesar and Kharkhoda New
Broad Gauge Double RailLine as Special Railway Project of
Village Patli Hazipur, Tehsil Farrukh Nagar, Gurugram vide
Award No. 3 dated 27.05.2022 passed by Sh. Pradeep Kumar
HCS, Sub Divisional Officer(Civil)-cum-Competent Authority
(Land Acquisition) Pataudi.

3. That the Petitioners being aggrieved and interested person and

being owner in possession of the land in question and is being
dissatisfied from thecompensation of the land given by the Sub
Divisional Officer (Civil) -cum-Competent Authority (Land
Acquisition) Pataudi vide above said award. Though the market
value of the land in question on the date of notification of the
Railway Act was not less than Rs. 20Crores (Rupees Twenty
Crores) per acre, as such thePetitioners seek enhancement of
market value of the acquired land on the grounds set out as
under:-

i. That while assessing the market value the land inquestion,the

Sub Divisional Officer (Civil)-cum- Competent Authority (Land
Acquisition) Pataudi has not taken in to consideration the land
in questionis very potential and can use andutilize for
agricultural, industrial, commercial and residential and the
market value of the land about Rs. 20 Crore per acre.

ii. That the Sub Divisional Officer (Civil)-cum-Competent Authority

(Land Acquisition) Pataudi has not taken intoconsideration the
fact that the land in question situated near Kundli Manesar
Palwal and its market value is not less than Rs. 20 Crores per
acre.
iii. That the Sub Divisional Officer (Civil)-cum-Competent Authority
(Land Acquisition) Pataudi has not taken intoconsideration the
location, situation of question situated nearby Kundli Manesar,
Palwal. The several Industries, sectors, commercial
institutions,IMT, big poultry farms and pukhta roads leads to
the Land inland In question which were in existence much prior
tothe date of notification the Land Acquisition Act.

iv. That the Sub Divisional Officer (Civil)-cum-Competent Authority

(Land Acquisition) Pataudi has not taken intoconsideration the
fact that theHaryana Government. . has already acquired for
other residential andcommercial purpose, whichis near to the
land in question and the Haryana Government had acquiredthe
lands of said Villages at a Higher price then the award given by
the Sub Divisional Officer (Civil)-cum-Competent Authority
(Land. Acquisition) Pataudi and have also not taken into
consideration thedevelopments, which come into existence of
various industries within 5-10 kms radius i.e. M/s Maruti
Suzuki Limited, M/s Denso Pvt. Limited, and other
renownedSchool and College surroundingland in question,
situates at a close distance of Gurgaon City and there isonly a
15 minutes travel from Delhi and the Air Port Delhi.

v. That the land in question is at a distance of hardly 5Km from

Multi National companies like DLF, Unitech, Amarpali, Orris
Infrastructure, Ramparstha etc., logistic hub, which came into
existence about more than manyyears ago where at present the
rate of the land is about Rs. 20 Crore per acre and the Sub
Divisional Officer (Civil)-cum-Competent Authority (Land
Acquisition) Pataudi has not taken into consideration the market
value of the land surrounding the land inquestion. The
Millennium City Gurugram is exists only at a distance of 20 K.M.
from the land in question. The Sub Divisional Officer (Civil)-cum-
Competent Authority(Land Acquisition) Pataudi has announced
the award without making spot inspection and has not taking
intoconsideration the proper market value of the land in
question.

vi. That there exists several Petrol Pumps ofIndian Oil, Bharat
Petroleum, Hindustan Petroleum, Essar anda big market and
several factories, whichare within the range of hardly 500 Mtrs.
from the land in question.
The land In question is having sweet water but the Sub
DivisionalOfficer (Civil)-cum-Competent Authority (Land
 Acquisition) Pataudi has not taken into consideration the above
said facts properly while announcing the award.

vii. That the land in question was the main source of earnings for
the Petitioners and their family membersand they have been
deprived from their right to livelihood and compensation granted
by the Sub Divisional Officer (Civil)-cum-Competent Authority
(Land Acquisition) Pataudi is not sufficient to purchase other
land as the rate of land in the area is not less than Rs. 20 Crores
per acre.

viii. That the Sub Divisional Officer (Civil)-cum-Competent Authority

(Land Acquisition) Pataudi also not taken into consideration the
trend of rising of prices of the land of nearby villages as there is
a great development and several private companies in the last 10
years andseveral foreign Industries and Complex have been set
up near the land in question.

ix. That the Gurugram City is hardly only at a distance of 10 K.M.

from the land in question and Gurugram, City is in approach of
hardly 15 minutes from the land inquestion, but the Sub
Divisional Officer (Civil)-cum- Competent Authority (Land
Acquisition) Pataudi has not taken into consideration the above
said facts and circumstances of this case.

x. That the land in question is chahi in nature and havingsweet

water and it used to give three crops in a year a n d t h e l a n d
in q u e s t i o n is fit for all p u r p o s e s i.e. residential,
industrial, commercial and from houses etc. The Sub Divisional
Officer (Civil)-cum-Competent Authority (Land Acquisition)
Pataudi has not taken into consideration the potential value of
the land in questionwhile announcing the award and has
announced theaward at a very low side, which resulted into a
miscarriage of justice to the Petitioners.

xi. That the aforesaid land is situated within the radius of 2-3 kms
of educational institutions as mentioned aboveas well as within
the radius of1 km. from industrial area IMT Manesar.

xii. That there are many warehouses, godowns, farm houses, poultry
farms and other historical places.
xiii. That the Petitioners are also entitled to the solatium amount @
100% and additional amount @ 12% per annum and interest at
the rate of 9% and 15% perannum and all other benefits
applicable as per the Amended Act upto date.
xiv. That the Petitioners have received compensation on dated
28.12.2022.

It is, therefore, prayed that the present reference under Section

20(H) & 20F (6) UnderRailway Act, 1989 maykindly be referred to the
District Judge, Gurugram for the effective determination and proper
decision of the market value of the land in question andthe Petitioners
may kindly be awarded compensation at the rate of Rs. 20 Crores per
acre of the land in question along with solatium @ 100% additional
charges @ 12% per annum and interest at the rate of 9% and 15% per
annum and along withall otherbenefits applicable as per the Amended
Act upto date and the present reference may kindly be accepted with
costs.
Any other relief which this Hon'ble Court may deem fit and proper
may also be granted to the
Petitioners.

PETITIONERS

THROUGH COUNSEL
Verification:
Verified at Gurugram on this ____ day of ____, 2024 that the
contentsabove reference petition are true and correct to the best ofmy
knowledge andbeliefandnothingmaterialhas beenconcealed therein at
all.

Petitioners
BEFORE THE HON'BLE COMMISSIONER, GURUGRAM DIVISION-
CUM-ARBITRATOR, HORC RAILWAY, GURUGRAM

IN THE MATTER OF:

Pawan

Versus

Union of India, Northern Railway Construction Organization, New

Delhi through its Secretary & Ors.

REFERENCE UNDER SECTION 20(H) & 20F (6) UNDER RAILWAY

PROJECT ACT, 1889 (AS AMENDED RAILWAY AMENDMENT ACT,
2008)
AFFIDAVIT

I, Pawan aged 40 years, S/o Om Prakash, R/o Village Patli, Tehsil

Farrukh Nagar, District Gurugram, do hereby solemnly affirm as
under:
1. That the ground of the petition/reference has been drafted by my
counsel on my instructions and contents thereof has been read
over and explained to me and I admit the same to be correct.
2. That nothing material has been concealed by me in the ground
of petition/ reference and application and the contents of same
be read as part of my affidavit.

DEPONENT
Verification:-
I, the above deponent named do hereby solemnly affirm and declare
that the statement given is true and correct to the best of my
knowledge and belief and nothing has been concealed herein.

DEPONENT