Oral order recalling an award dated 03.11.2015 in a land acquisition appeal because the underlying matter was set aside by the Apex Court. The main appeal is taken on board for fresh adjudication applying previously fixed market rates.
Recalled the order dated 03.11.2015 and taken the main appeal on board for fresh decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SHIVANI GUPTA 2020.01.24 16:45
C.M. No. 11194-CI of 2019 in/and RFA No. 1669 of 2013
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.M. No. 11194-CI of 2019 in/and RFA No. 1669 of 2013 Date of decision: 21.01.2020
Om Prakash and another
....Appellant(s)
Versus
State of Haryana and others
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA
Present: Mr. Yashdeep Nain, Advocate, for Mr.Ajit Singh Lamba, Advocate, for the appellants.
Ms. Vibha Tewari, AAG, Haryana.
G.S.SANDHAWALIA, J. (Oral)
C.M. No. 11194-CI of 2019
Application has been filed for deciding the main appeal in terms of the judgment dated 05.07.2019 passed in RFA No. 4101 of 2008,
HSIDC vs. Rajesh Kumar-II and others.
Initially, the case was decided on 03.11.2015 in terms of order passed in RFA No. 7958 of 2011, Sultan Singh vs. State of Haryana and others.
It is not disputed that the judgment was set aside on 28.11.2017 by the Apex Court in Civil Appeal No. 20050 of 2017, Rajbir and others vs. State of Haryana and others and the matters were remanded for fresh decision. It is in such circumstances the said order does not survive and the application filed is liable to be allowed.
Accordingly, the application is allowed and the order dated
C.M. No. 11194-CI of 2019 in/and RFA No. 1669 of 2013
2
03.11.2015 is recalled.
Main case is taken on Board being covered by RFA No. 4101
of 2008, HSIDC vs. Rajesh Kumar-II and others.
RFA No. 1669 of 2013
Counsel submits that the land is covered by notification dated 22.06.2006 and the appeal arises out of the award of the Reference Court, Sonepat dated 15.10.2012 whereby, Rs.36,00,000/- per acre was awarded by the Reference Court. In RFA No. 4101 of 2008, HSIDC vs. Rajesh Kumar-II and others, this Court dealt with the said order dated 15.10.2012 and has accordingly fixed the market value for the notification dated 22.06.2006 for the villages in question as under:-
“(vi) For the seventh notification dated 22.06.2006 for Villages Badh Malik, Pritampura, Jatheri, Liwan, Rai and Badh Khalsa, Rs.42,30,000/per acre is granted upto the depth of 2 acres (440 feet) and for the balance land, market value is assessed @ Rs.40,50,000/- per acre, along with all statutory benefits.
xxx xxx xxx
(viii) Resultantly, the appeals alongwith crossobjections filed by both the landowners and the State are disposed of. In appeals where delay has been condoned conditionally, the benefit of interest on the enhanced compensation for the period of delay in filing the appeals shall not be granted to the landowners, as specified in the orders condoning the delay. All the pending civil miscellaneous applications also stand disposed of.”
Resultantly, the present appeal is also disposed of in the same
3
C.M. No. 11194-CI of 2019 in/and RFA No. 1669 of 2013
terms. 21.01.2020 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No
2 issues framed by the court
Whether the main appeal should be decided in light of the Apex Court judgment setting aside the earlier order.
Whether the impugned award dated 03.11.2015 should be recalled following the remand of the matter to this court.
Colour shows how this judgement treated each authority
Rajbir and others vs. State of Haryana and othersReferred¶19
Civil Appeal No. 20050 of 2017
HSIDC vs. Rajesh Kumar-II and othersReferred¶16
RFA No. 4101 of 2008
Sultan Singh vs. State of Haryana and othersReferred¶18
RFA No. 7958 of 2011
Om Prakash
State of Haryana
G.S. Sandhawalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
