State Of Haryana And Others v. Sohan Lal And Another

106 -A

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA-1228 of 2020 (O&M) Date of Decision: 25.11.2020.

State of Haryana & Ors ...Appellants V/S Sohan Lal & Anr.

....Respondents

CORAM:

HON'BLE MR JUSTICE ARUN MONGA Present :

Ms. Ranjana Shahi, Addl. AG Haryana for the appellant.

Mr. Tushar Gautam, Advocate For the respondents.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) CM-2638-CI of 2020 Application is allowed, as prayed for.

CM-2639-CI of 2020 For the reasons mentioned in the application, same is allowed and delay of 30 days in filing the present appeal stands condoned. RFA-1228 of 2020 1.

Vide impugned award dated 15.11.2019, Reference Court has enhanced the compensation amount from Rs.16.00 lacs per acre (as awarded by the Land Acquisition Collector) to Rs.48,57,000/- per acre. Learned State counsel submits that though the Reference Court has enhanced the compensation amount payable to respondents to Rs.48,57,000/- per acre, but the Hon'ble Apex Court vide judgment dated 21.09.2017 rendered in Bharti & Anr. Vs. State of Haryana & Ors. 1 has already reduced the compensation 1 SLP(C) Nos. 20497-20500 of 2016 SONU 2020.11.28 10:43 I attest to the accuracy and integrity of this document

amount to Rs.32,62,500/- per acre in respect of the same acquisition notification. She refers to a decision rendered by Co-ordinate Bench of this Court in Mool Chand & Ors. Vs. State of Haryana & Ors. 2, wherein also appeal filed by the landowners was disposed of by relying upon the decision of Apex Court in Bharti's case, ibid.

2.

Learned counsel for the respondents does not controvert the aforesaid though he argues that due to lapse of time, compensation to the landowners has been rightly enhanced and thus defends the award.

3. Heard.

4. Once the issue of quantum of compensation has already been settled by the Supreme Court, respondents are not entitled to higher compensation and/or undue enrichment at the cost of State Exchequer. Present appeal is also, therefore, disposed of in terms of judgment rendered by Apex Court in Bharti's case (supra). Impugned award, per acre, is modified accordingly. 5.

Pending application(s), if any, stand disposed of. November 25, 2020 (ARUN MONGA) Jiten JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No 2 RFA No. 390 of 2018 decided on 30.01.2020 SONU 2020.11.28 10:43 I attest to the accuracy and integrity of this document