Punjab-Haryana High Court
Sube Singh And Ors vs State Of Haryana And Ors on 29 April, 2024
Author: Rajbir Sehrawat
Bench: Rajbir Sehrawat
Neutral Citation No:=2024:PHHC:059290
2024:PHHC:059290
[134+278] IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM-868-CI-2024 and
CM-5255-CI-2019 in/and
RFA-2072-2019
Date of Decision : 29.04.2024
Sube Singh and others ...Appellants
versus
State of Haryana and others ....Respondents
Coram : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present : Mr. Jivesh Malik, Advocate for the appellants.
Mr. Shivendra Swaroop, DAG, Haryana.
Ms. Vamika Johar, Advocate for Mr. Pritam Singh Saini,
Advocate for respondent Nos.3 & 4.
***
RAJBIR SEHRAWAT, J. (ORAL)
CM-868-CI-2024 This is an application filed under Order 22 Rule 3 CPC for brining on record the LRs of Appellant Nos.4, 6, 9, 11, 19(i), 19(ii), 20, 25
(iv) and 26.
In view of the grounds mentioned in the application, the same is allowed, subject to all just exceptions. The persons mentioned in the application are ordered to impleaded as LRs of Appellant Nos.4, 6, 9, 11, 19(i), 19(ii), 20, 25 (iv) and 26, for the limited purpose of pursuing the present appeal only. Amended memo of parties is taken on record. CM-5255-CI-2019 Delay of 2848 days in filing the appeal is condoned conditionally in view of law laid down by the Apex Court in Imrat Lal and others vs. Land Acquisition Collector and others, 2015(2) RCR (Civil) 437 and Dhiraj Singh (D) through L.Rs. vs. Haryana State and 1 of 2 ::: Downloaded on - 06-05-2024 20:32:59 ::: Neutral Citation No:=2024:PHHC:059290 CM-868-CI-2024 and -2- CM-5255-CI-2019 in/and RFA-2072-2019 others, 2015(2) RCR (Civil) 507 that the appellants shall not be entitled to interest for 2848 days on the enhanced amount of compensation.
Application stands disposed of.
RFA-2072-2019 [1] By way of present appeal challenge has been laid to the order dated 21.03.2011 passed by the learned Addl. District Judge, Palwal whereby, the reference petitions under Section 18 of the Land Acquisition Act, 1894, filed at the instance of the appellants seeking enhancement of compensation against the Award dated 24.04.2006 passed by the Land Acquisition Collector, Faridabad, is dismissed. [2] Learned counsel for the parties are ad idem that the matter, relating to the same acquisition and to the similar properties, has already been settled right upto the Hon'ble Supreme Court. This Court has also passed an order dated 16.12.2019 in RFA No.13604 of 2018 whereby similar RFA was allowed by this Court.
[3] Keeping in view the factual circumstances of the case and the material placed on record, this Court finds that the present case is covered by the judgment rendered by this Court in the RFA No.13604 of 2018 [4] Allowed in the same terms as in RFA No.13604 of 2018.
(RAJBIR SEHRAWAT)
JUDGE
29.04.2024
'R. Sharma'
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
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