Sube Singh And Ors vs State Of Haryana And Ors
2024 Latest Caselaw 9113 P&H

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

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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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