Allowed

Raj Singh v. State of Haryana & Ors.

Punjab & Haryana HC11 May 2018RFA/999/2018

Case brief

AI extract

What is this about?

Single Judge High Court allowed appeal condoning 2228 days delay against reference court award. Court enhanced compensation to Rs.25 lakh/acre matching Apex Court parity order, disallowing interest for condoned delay period.

What did the court decide?

Compensation increased to Rs.25,00,000 per acre with statutory benefits; interest on enhancement disallowed due to condoned delay.

Raj Singh Vs State of Haryana & Ors. — Land Acquisition | Punjab & Haryana HC (2018)

¶1

Shivani Gupta 2018.05.14 10:56 1

¶2

RFA No. 999 of 2018 (O & M)

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

RFA No. 999 of 2018 (O & M) Date of decision: 11.05.2018

Raj Singh

....Appellant(s)

Versus

State of Haryana and others

¶9

...Respondent(s)

¶10

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

¶11

Present: Mr. Raghav Goyal, Advocate, for Mr. Harkesh Manuja, Advocate, for the appellant.

¶12

Ms. Safia Gupta, AAG, Haryana.

¶13

Mr. Vikas P. Singh, Advocate, for respondent no. 3.

¶14

G.S.SANDHAWALIA, J. (Oral)

¶15

C.M. No. 2618-CI of 2018

¶16

Application has been filed for condonation of delay of 2228 days in filing the appeal against the award dated 11.11.2011 passed by the Reference Court, Jhajjar.

¶17

Keeping in view the law laid down by the Apex Court in Imrat Lal and others vs. Land Acquisition Collector and others, 2014 (14) SCC 133 and Dhiraj Singh (D) through L.Rs. and others vs. Haryana State and others, 2014 (14) SCC 127, delay is condoned, subject to the condition that the appellant shall not be entitled for the benefit of interest from the date of award till the date of filing of the appeal.

¶18

RFA No. 999 of 2018

¶19

The present appeal has been preferred against the award dated

¶20

RFA No. 999 of 2018 (O & M)

¶21

¶22

11.11.2011 of the Reference Court, Jhajjar, whereby, the Reference Court has refused to grant the benefit of enhancement from Rs.16,00,000/- per acre which was awarded by the Land Acquisition Collector.

¶23

Counsels point out that the notification under Section 4 of the Land Acquisition Act, 1894 dated 16.01.2007 was subject matter of consideration in Civil Appeal No. 8757 of 2016 , Arawali Power Company Private Ltd. vs. Joginder Singh Tokash and others decided on 05.09.2017 before the Apex Court. The amount of compensation which was awarded by this Court i.e. Rs.29,00,400/- per acre has been reduced to Rs.25,00,000/per acre. Relevant portion of the same reads thus:-

¶24

“In the peculiar facts and circumstances of the case, we find that it would be appropriate to make approximately 15% deduction towards development and in the facts and circumstances of the case, we grant compensation at the rate of Rs.25,00,000/- (Rupees twenty five lakhs only) per acre alongwith statutory benefits.

¶25

Consequently the appeals filed by the Company are partly allowed and the cross appeals/cross objections preferred by the owners are hereby dismissed. No costs.”

¶26

Accordingly, keeping in view the said facts and to maintain parity, the present appeal is also allowed and the appellant is held entitled for the said amount i.e. Rs.25,00,000/- per acre alongwith all statutory benefits. However, the applicants-appellant shall not be entitled for the benefit of interest on the enhanced compensation for the period of delay in filing the appeal i.e. 2228 days.

¶27

11.05.2018 (G.S. SANDHAWALIA) shivani JUDGE

¶28

Whether reasoned/speaking	Yes/No
Whether reportable	Yes/No

¶29

RFA No. 999 of 2018 (O & M) 3

Raj Singh v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Raj Singh v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Atul Kumar and Others Vs State of Haryana & Others

Manoj Kumar and Ors. Vs State of Haryana and Ors.

Rajesh Kumar and Ors. Vs State of Haryana and Ors.

Papinder Kumar Vs State of Haryana and Ors.

Ratni and Ors. Vs State of Haryana and Ors.

Kashmir Singh Suhag and Ors. Vs State of Haryana and Anr.