Punjab-Haryana High Court
Dharam Singh (Deceased) Thr Lrs And Ors vs State Of Haryana And Ors on 19 April, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:053226
RA-RF-10-2024 in RFA-4155-2017 1 2024:PHHC:053226
and connected cases
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
138
CM-421-CI-2024 in/and
RA-RF-10-2024 (O&M)
in
RFA-4155-2017
Date of Order: 19.04.2024
Dharam Singh (deceased) through LRs and others
.. Applicant-Appellants
Versus
State of Haryana and others
.. Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Jivesh Malik, Advocate,
for the applicant-appellants.
Mr. J.S.Pannu, AAG, Haryana.
Mr. Pritam Singh Saini, Advocate with
Ms. Vamika Johar, Advocate
for HSIIDC.
*****
ANIL KSHETARPAL, J(Oral)
CM-421-CI-2024 in RA-RF-10-2024 For the reasons stated in the application, delay of 359 days in filing the review application, is condoned.
CM stands allowed.
RA-RF-10-2024
1. This order shall dispose of 38 review applications (details whereof are at the foot of the judgment) filed by the land owners.
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2. By a detailed judgment dated 13.05.2022, a batch of connected Regular First Appeals was disposed of while assessing the market value of the acquired land as on 11.01.2010, the date of notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the '1894 Act') in village Baliyana, Tehsil and District Rohtak. The land owners filed Special Leave to Appeal before the Hon'ble Supreme Court, which was permitted to be withdrawn with liberty to file Review Application on 28.11.2022 with the following order :-
"Upon our expressing reservations in entertaining these petitions, learned senior counsel for the petitioners, on instructions, seeks permission to withdraw these petitions at this stage with liberty for the petitioners in taking recourse to appropriate remedies in accordance with law.
Permission granted.
The application seeking permission to file special leave petitions is dismissed as withdrawn with liberty, as prayed, including to file review petition before the High Court.
However, it is made clear that we have not made any comments as regards the maintainability and/or sustainability of any such other remedy or recourse by the petitioners, that shall be examined in the appropriate forum in accordance with law."
3. Heard learned counsel representing the parties at length.
4. Learned counsel representing the applicant(s) has submitted that the allotment of 700 acres of land by HSIIDC to M/s Maruti Suzuki India Ltd. @ Rs. 75 Lakhs vide allotment letter dated 13.08.2009 has not been adverted to while deciding the appeals. On a Court question, learned 2 of 6 ::: Downloaded on - 04-05-2024 01:18:26 ::: Neutral Citation No:=2024:PHHC:053226 RA-RF-10-2024 in RFA-4155-2017 3 2024:PHHC:053226 and connected cases counsel representing the applicant(s) admit that the aforesaid allotment letter was never produced in evidence. In such circumstances, this Court was only required to refer to the evidence which was brought on record. The landowners had produced as many as seven sale deeds, whereas the State of Haryana had produced as many as five sale deeds. All exemplar sale deeds were examined and analysed and discussed by the Court. However, learned counsel representing the applicant(s) submit that while deciding RFA-4163- 2017 (Haryana State Industrial & Infrastructure Development Corporation Vs. Kulbir and others), on 01.09.2021, this Court has examined the allotment letter in favour of Maruti Suzuki India Ltd., the aforesaid case arose from acquisition of land of village Baliyana.
5. This Court has considered the submissions, in fact, in the aforesaid cases arose from a different notification and the allotment letter was produced in evidence and examined. However, as previously noted, the landowners never produced the allotment letter either before the reference Court or before this Court, hence, there was no occasion to examine the same.
6. In any case, the allotment letter issued by HSIIDC in favour of Maruti Suzuki India Ltd. is an area which is a planned for establishing a industrial sector, whereas the acquired land was the agriculture land. The Maruti Suzuki on being allotted land in planned area was assured access of basic amenities, like availability of connectivity road, electricity, water supply and other related facilities. Hence, the allotment letter in favour of Maruti Suzuki India Ltd. is not a good exemplar to assess the market value of undeveloped agriculture land. Hence, no ground to review is made out.
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7. Dismissed.
8. All the pending miscellaneous applications, if any, are also disposed of.
19.04.2024 (ANIL KSHETARPAL) Satyawan JUDGE
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sr. No. REVIEW Party Name APPLICATION NOs.
1 RA-RF-18-2024 in Yashpal and Others vs State of Haryana and RFA-3894-2017 Others 2 RA-RF-22-2024 in Ram Chander and Others vs State of Haryana RFA-3895-2017 and Others 3 RA-RF-24-2024 in Mauji and Others vs State of Haryana and RFA-3896-2017 Others 4 RA-RF-37-2024 in Kuljeet Singh and Others vs State of Haryana RFA-3897-2017 and Others 5 RA-RF-46-2024 in Om Narain (Deceased) through his LRs and RFA-3898-2017 Others vs State of Haryana and Others 6 RA-RF-25-2024 in Har Kishan and Others vs State of Haryana RFA-3899-2017 and Others 7 RA-RF-47-2024 in Ompati vs State of Haryana and Others RFA-3924- 2017 8 RA-RF-14-2024 in Jagbir Singh vs State of Haryana and Others RFA-3925-2017 9 RA-RF-17-2024 in Mohjit Singh vs State of Haryana and Others RFA-3926-2017 10 RA-RF-26-2024 in Rajpal vs State of Haryana and Others RFA-3927- 2017 11 RA-RF-13-2024 in Raj Kumar vs State of Haryana and Others RFA-3928-2017 12 RA-RF-28-2024 in Narayan vs State of Haryana and Others RFA-3929-2017 4 of 6 ::: Downloaded on - 04-05-2024 01:18:26 ::: Neutral Citation No:=2024:PHHC:053226 RA-RF-10-2024 in RFA-4155-2017 5 2024:PHHC:053226 and connected cases Sr. No. REVIEW Party Name APPLICATION NOs.
13 RA-RF-15-2024 in Smt. Murti Devi vs State of Haryana and RFA-3930-2017 Others 14 RA-RF-21-2024 in Murti Devi vs State of Haryana and Others RFA-3931-2017 15 RA-RF-36-2024 in Sultan (Deceased) through his LRs and RFA-3955-2017 Another vs State of Haryana and Others 16 RA-RF-44-2024 in Sultan (Deceased) through his LRs and RFA-3956- 2017 Another vs State of Haryana and Others 17 RA-RF-43-2024 in Sultan (Deceased) through his LRs and RFA-3957-2017 Another vs State of Haryana and Others 18 RA-RF-23-2024 in Kaptan vs State of Haryana and Others RFA-3958-2017 19 RA-RF-38-2024 in Shri Chand (Deceased) through his LRs and RFA-4006- 2017 Others vs State of Haryana and Others 20 RA-RF-12-2024 in Ompati vs State of Haryana and Others RFA-4147-2017 21 RA-RF-45-2024 in Ompati vs State of Haryana and Others RFA-4148-2017 22 RA-RF-20-2024 in Rajpal and Others vs State of Haryana and RFA-4149-2017 Others 23 RA-RF-42-2024 in Rajender and Others vs State of Haryana and RFA-4150-2017 Others 24 RA-RF-40-2024 in Rajender and Others vs State of Haryana and RFA-4151-2017 Others RA-RF-31-2024 in Satyawan vs State of Haryana and Others 25 RFA-4153-2017 RA-RF-16-2024 in Satbir and Others vs State of Haryana and 26 RFA-4154-2017 Others RA-RF-41-2024 in Ranbir and Another vs State of Haryana and 27 RFA-4156-2017 Others RA-RF-30-2024 in Dharampal vs State of Haryana and Others 28 RFA-4606-2017 RA-RF-32-2024 in Sanjeet vs State of Haryana and Others 29 RFA-4607-2017 RA-RF-39-2024 in Parkash vs State of Haryana and Others 30 RFA-4608-2017 5 of 6 ::: Downloaded on - 04-05-2024 01:18:26 ::: Neutral Citation No:=2024:PHHC:053226 RA-RF-10-2024 in RFA-4155-2017 6 2024:PHHC:053226 and connected cases Sr. No. REVIEW Party Name APPLICATION NOs.
RA-RF-29-2024 in Dharambir Singh vs State of Haryana and 31 RFA-4609-2017 Others RA-RF-11-2024 in Dharam Singh and Others vs State of Haryana 32 RFA-4952-2017 and Others 33 RA-RF-27-2024 in Anoop and Others vs State of Haryana and RFA-5060-2017 Others 34 RA-RF-33-2024 in Satyavir and Others vs State of Haryana and RFA-5313-2017 Others 35 RA-RF-19-2024 in Satyavir and Others vs State of Haryana and RFA-5314-2017 Others 36 RA-RF-35-2024 in Surinder Singh and Others vs State of RFA-5455- 2017 Haryana and Others 37 RA-RF-34-2024 in Bani Singh (Deceased) through LRs and RFA-144- 2018 Others vs State of Haryana and Others 19.04.2024 (ANIL KSHETARPAL) JUDGE 6 of 6 ::: Downloaded on - 04-05-2024 01:18:26 :::