Allowed

Hsidc v. Attar Singh and Ors.

Punjab & Haryana HC2 May 2018RFA/2328/2013

Case brief

AI extract

What is this about?

The Court accepted notice regarding cross-objections filed by land owners challenging the market value assessment. The decision relies on a prior judgment fixing values for villages including Naharpur, Kasan, and Dhana, allowing the cross-objections while dismissing HSIIDC's appeal.

What did the court decide?

Cross-objections filed by land owners allowed; appellant's appeal dismissed.

Hsidc Vs Attar Singh and Ors. — Land Acquisition | Punjab & Haryana HC (2018)

¶1

Cross Objections No.41-CI of 2018 in/& RFA No.2328 of 2013

¶2

-1-

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

Cross Objections No.41-CI of 2018 in/& RFA No.2328 of 2013 Date of decision: 02.05.2018

¶5

Haryana State Indl. Development Corp. Ltd. (now HSIIDC) and ors.

¶6

... Appellants

¶7

versus

¶8

Attar Singh ... Respondent

¶9

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

¶10

Present: Mr. Pritam Saini, Advocate for HSIIDC.

¶11

Mr. Atul Yadav, Advocate for the cross-objector/respondent. ****

¶12

G.S.Sandhawalia, J(Oral)

¶13

Cross-Objection No.41-CI of 2018

¶14

Notice of motion.

¶15

Mr. Pritam Saini, Advocate accepts notice on behalf of nonapplicant/ appellant No.1.

¶16

The award in question is dated 24.02.2011 and pertains to notification dated 26.02.2002 under Section 4 pertaining to village Kasan, Nahapur, Kasan, Bas Kusla, Bas Haria and Dhana, Tehsil and District Gurgaon.

¶17

This Court in RFA No.2373 of 2010 titled as Madan Pal (III) Vs. State of Haryana and another has already fixed the market value for the said villages. The relevant part of the judgment reads as under:-

¶18

“140. Accordingly, the appeals filed by the HSIIDC

¶19

Sonia Bura 2018.05.04 10:31 I attest to the accuracy and integrity of this document chandigarh

¶20

Cross Objections No.41-CI of 2018 in/& RFA No.2328 of 2013

¶21

-2-

¶22

seeking reduction in the compensation and of MSIL are dismissed and those of the land owners alongwith crossobjections are allowed.

¶23

(i) The market value of the land falling in five village i.e. Naharpur Kasan, Kasan, Bas Huria, Bas Khusla and Dhana is assessed @ Rs.41.40 lakhs per acre alongwith all statutory benefits.

¶24

(ii) The market value of land in village Manesar is assessed @ Rs.62.10 lakhs per acre alongwith all statutory benefits.

¶25

(iii) The appellant-M/s Kohli Holdings Private Limited in RFA No.4646 of 2010 would be entitled for compensation Rs.62.10 lakhs per acre, on account of it being given benefit of 50% of locational advantage being situated on the highway and in village Manesar apart from that it would be entitled for 30% more compensation on account of severance charges on the abovesaid market value alongwith all statutory benefits.

¶26

(iv) The directions of the Apex Court in the case of Pran Sukh will also be adhered to while disbursing the balance amount of compensation.

¶27

(v) Where appeals have been filed by the land owners which were beyond period of limitation and applications have been filed for condoning the delay with a condition that the land owners will not be entitled for the interest during the said period, the Executing Court shall ensure that the amounts are calculated and disbursed, keeping in the view the said condition which has been passed in the case of each and individual land owner.

¶28

(vi) The appeals filed by the MSIL are dismissed on account of non-maintainability and in view of the observations of the Apex Court in the case of Satish

¶29

Sonia Bura 2018.05.04 10:31 I attest to the accuracy and integrity of this document chandigarh

¶30

Cross Objections No.41-CI of 2018 in/& RFA No.2328 of 2013

¶31

-3-

¶32

Kumar Gupta (supra) being a post notification allottee.” Accordingly, the present appeal is dismissed, however the cross-objections filed by the land owners are allowed, in view of the judgment rendered in Madan Pal (III)'s case(supra) .

¶33

(G.S. SANDHAWALIA) 02.05.2018 JUDGE sonia Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

¶34

Sonia Bura 2018.05.04 10:31 I attest to the accuracy and integrity of this document chandigarh

Hsidc v. Attar Singh and Ors.

Case brief

What is this about?

What did the court decide?

Hsidc v. Attar Singh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ram Pal Vs State of Haryana

Amrik Singh and Anr. Vs State of Punjab

Prince Kamboj Vs State of Punjab and Anr.

Hari Om Vs State of Haryana

Simranpreet Kaur and Anr. Vs State of Punjab and Ors.

Jyoti Kundu and Another Vs State of Haryana and Others