Haryana Shehri Vikas Pradhikaran vs Surjeet Singh And Another
2022 Latest Caselaw 17083 P&H

CR-3182 of 2021 (O&M)                                            -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


                                                   CR-3182 of 2021 (O&M)
                                                 Date of decision: 16.12.2022

Haryana Shehri Vikas Pradhikaran                                ..Petitioner

                                   Versus

Surjeet Singh and another                                  ..Respondents

CR-3156 of 2021(O&M)

Haryana Shehri Vikas Pradhikaran ..Petitioner

Versus

Harjinder Singh and another ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Deepak Sabherwal, Advocate for the petitioner.

None for respondent no.1

Mr. Harsh Vardhan Shehrawat, AAG, Haryana and Mr. Jaspal Singh Pannu, AAG, Haryana for respondent no.2.

ANIL KSHETARPAL, J(Oral)

As per the office note, the service of notice on the contesting

respondent is complete, however, he remains unrepresented.

In both these cases, the contesting respondents after having

accepted the judgment passed by the Reference Court (hereinafter referred to

as 'the RC') have filed the execution petition to claim higher compensation

on the basis of cases decided by the higher courts. On the respective

applications filed by the contesting respondents under Section 18 of the

Land Acquisition Act, 1894, the cases were referred to the Court (RC). The

Reference Court on appreciation of evidence assessed the market value of

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CR-3182 of 2021 (O&M) -2-

the acquired land. The contesting respondents did not file any appeal,

though, various other owners affected by the aforesaid acquisition filed the

Regular First Appeals, Letter Patent Appeals, Special Leave Petitions which

resulted in modification of the market value.

The contesting respondents have filed the execution petition,

though, there is no award, judgment and decree or order in their favour. In

fact, the award passed by the Reference Court in favour of the contesting

respondents have become final. The execution petitions have been filed

only on the ground that in respect of cases of other co-owners, the amount

has been enhanced. This issue in detail has been examined in Rajender

Singh and another vs. State of Haryana and others(Civil Revision No.814

of 2020, decided on 15.09.2022).

In view of the aforesaid, the impugned orders in both the

petitions are set aside.

Both the revision petitions are allowed.

All the pending miscellaneous applications, if any, are also

disposed of.

December 16, 2022                                (ANIL KSHETARPAL)
nt                                                     JUDGE

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




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