Punjab-Haryana High Court
Ram Chander And Ors vs State Of Haryana And Others on 19 April, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:053352
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permitted to be withdrawn with liberty to file Review Application on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leave petitions is dismissed as withdrawn with liberty, as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
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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
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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
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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
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