Punjab-Haryana High Court
Jagdish Singh Maini Through ... vs State Of Haryana Through ... on 8 August, 2023
Neutral Citation No:=2023:PHHC:103381
-1-
RA-RF No. 21 of 2021 (O&M) in
RFA No. 6633 of 2012 2023:PHHC:103381
274
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RA-RF No. 21 of 2021 (O&M) in
RFA No. 6633 of 2012
Date of Decision: 08.08.2023
Jagdish Singh Maini and others
...Applicants-Appellants
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Vineet Chaudhary, Advocate
for the applicants-appellants.
Mr. Shivendra Swaroop, Deputy Advocate General, Haryana
for respondent Nos. 1 & 2.
Mr. Pritam Singh Saini, Advocate
for respondent No. 3-HSIIDC.
****
HARKESH MANUJA, J.
CM-384-CI-2021
Prayer in the present application under Section 5 of
Limitation Act, is for condonation of delay of 1919 days in filing the
review application.
Upon notice, no reply has been filed, however, learned
counsel for respondents vehemently oppose the prayer made in the
review application.
I have heard learned counsel for the parties and gone
through the contents of the application, which have been supported
by an affidavit of one of the applicants-appellants.
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Neutral Citation No:=2023:PHHC:103381
RA-RF No. 21 of 2021 (O&M) in
RFA No. 6633 of 2012 2023:PHHC:103381
Concededly, the other similarly situated landowners
pertaining to the same acquisition proceedings have already been
held entitled for compensation pertaining to the land situated in
revenue estate of Village Harsaru, Tehsil & District Gurgaon, in
terms of judgment dated 31.03.2015, passed by Hon'ble Supreme
Court in Civil Appeal No. 3412 of 2015, titled "Sachin and others
Versus State of Haryana and others".
Based thereupon and applying the principle of parity,
besides grant of just and fair compensation, the landowners /
applicants being similarly situated, are entitled for grant of similar
amount of compensation, however, without any payment of interest
for the period they failed to approach this Court after the decision of
Reference Court. In this regard reliance can be placed upon the
decision of Hon'ble Supreme Court in case of "Ningappa Thotappa
Angadi (Dead) through LRs Versus Special Land Acquisition
Officer and Another", 2020 (19) SCC 599.
In view of the discussion made hereinabove as well as
considering the contents of the application, the same is allowed and
delay of 1919 days in filing the review application is hereby condoned.
MAIN REVIEW
Present review application moved on behalf of the
applicants-appellants, has been preferred for reviewing the order
dated 23.09.2014 (A-1 colly) passed by this Court, in terms of
judgment dated 31.03.2015 (A-3) rendered by the Hon'ble Supreme
Court in Civil Appeal No. 3412 of 2015, titled "Sachin and others
Versus State of Haryana and others".
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Neutral Citation No:=2023:PHHC:103381
RA-RF No. 21 of 2021 (O&M) in
RFA No. 6633 of 2012 2023:PHHC:103381
[2] Learned counsel for the applicants-appellants submits
that against the judgment dated 23.09.2014 (A-1), an SLP filed before
the Hon'ble Supreme Court, stood dismissed as withdrawn, with
liberty to approach this Court for grant of compensation in terms of
judgment dated 31.03.2015 passed in Sachin's case (supra). He
vehemently submits that since the Hon'ble Supreme Court enhanced
the compensation for the acquired land in Sachin's case (supra), the
landowners / applicants are also entitled for the same amount of
compensation.
[3] Learned State Counsel as well as counsel for
respondent-HSIIDC are not in a position to controvert the factual
position; however, oppose the payment of interest for the period, the
applicants-appellants failed to approach this Court after the decision
of Reference Court.
[4] I have heard learned counsel for the parties and perused
the paper-book.
[5] The land of the applicants was acquired by State of
Haryana, situated in Village Harsaru, Tehsil & District Gurgaon, vide
Notification dated 29.01.2003 & 28.01.2004 respectively, issued
under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short "the
Act"). The main appeal (RFA-6633-2012) filed by the applicants was
decided vide order dated 23.09.2014 (A-1) by this Court alongwith
bunch of appeals, the lead case of which was RFA No. 2174 of 2012,
titled "Smt. Savitri Devi Versus The Land Acquisition Collector,
Gurgaon and others". Thereafter, against the aforesaid order dated
23.09.2014, an SLP filed before the Hon'ble Supreme Court stood
dismissed as withdrawn while granting liberty to approach this Court
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Neutral Citation No:=2023:PHHC:103381
RA-RF No. 21 of 2021 (O&M) in
RFA No. 6633 of 2012 2023:PHHC:103381
for grant of compensation in terms of judgment dated 31.03.2015 in
Sachin's case (supra). It is not disputed that the Hon'ble Supreme
Court in Sachin's case (supra), reduced 10% cut in case of Village
Harsaru and Garauli Khurd, inasmuch as this Court awarded
compensation @ Rs. 68 lakhs per acre after imposing 40% cut. The
relevant part of order dated 31.03.2015 passed in Sachin's case
(supra) by the Hon'ble Supreme Court is as under:-
" ...................................
As far as the other two villages are concerned
namely Harsaru and Garauli Khurd into the facts and
circumstances of the case, we are of the opinion that
the cut of 40% imposed by the High Court is slightly on
the higher side and therefore we reduce it to 30%. It is
ordered accordingly. "
[6) Based upon the above, applying the principle of parity,
the landowners / applicants being similarly situated are held entitled
for grant of similar amount of compensation, as has been awarded to
others vide judgment dated 31.03.2015 (supra), by applying the cut of
30% instead of 40%, besides all other statutory benefit and interest
thereupon as provided under the Act, except interest for the period
the applicants did not approach this Court for filing the present review
application
[7] Disposed off in terms of Sachin's case (supra).
Pending application(s), if any, shall stand(s) disposed off.
August 08, 2023 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking / Reasoned : Yes No
Whether Reportable : Yes No
Neutral Citation No:=2023:PHHC:103381
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