State of Haryana etc. Vs Dhani Ram etc.

Cross Objection No. 31-CI of 2009 and RFA No. 2457 of 2005

Present : Mr. Navneet Singh, AAG Haryana

Mr. Jai Vir Yadav, Advocate for the respondents

Learned counsel for the parties agree that the matter is covered by RFA No. 2263 of 2004 decided by this Court on 26.4.2006.

¶5

Accordingly, the matter is remanded back for re-determination of the controversy on the basis of the evidence led by the parties in the same term as order dated 26.4.2006 passed in RFA No. 2263 of 2004.

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The parties through their learned counsel are directed to appear before the learned District Judge, Gurgaon on 17.8.2009.

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The learned District Judge, Gurgaon shall either keep the aforesaid references with himself or shall allocate the same to the court of competent jurisdiction for adjudication.

¶8

Since the acquisition in question had taken place in the year 1997, the reference Court shall make an effort to decide the reference, as expeditiously as possible, preferably within a period of six months from the date of appearance of the parties.

¶9

Before parting with this judgment, it is clarified that if the claimants have received the compensation in terms of the award of the Reference Court, then they would not be required to refund the same during the pendency of the final determination by the Reference Court. The question of refund/further payment would abide by the final decision of the Reference Court.

¶10

Disposed off in the above terms.

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(Nirmaljit Kaur) Judge

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15.07.2009 reena

State of Haryana etc. v. Dhani Ram etc.

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State of Haryana etc. v. Dhani Ram etc.

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