Pb. Small Inds. And Export Corp. v. Balwinder Singh And Others

REGULAR FIRST APPEAL NO.1471 OF 2005 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

(1) Regular First Appeal No.1471 of 2005 Date of Decision: 29.8.2016 Punjab Small Scale Industries and Export Corporation, Chandigarh Balwinder Singh and others (2) Regular First Appeal No.1472 of 2005 Punjab Small Scale Industries and Export Corporation, Chandigarh Dalip Singh and another (3) Regular First Appeal No. 1473 of 2005 Punjab Small Scale Industries and Export Corporation, Chandigarh Labh Singh and another Cross-objection-44-C1-2012 in/and (4) Regular First Appeal No.1505 of 2005 Punjab Small Scale Industries and Export Corporation, Chandigarh Kirpal Singh and others

REGULAR FIRST APPEAL NO.1471 OF 2005 2 (5) Regular First Appeal No.1506 of 2005 (O&M) Punjab Small Scale Industries and Export Corporation, Chandigarh Sardara Singh and others (6) Regular First Appeal No.1507 of 2005 (O&M) Punjab Small Scale Industries and Export Corporation, Chandigarh Dalbir Singh and others (7) Regular First Appeal No.2836 of 2005 Dalbir Singh and others Punjab State through Collector (Industries Department,Chandigarh) and others (8) Regular First Appeal No.2940 of 2005 Dalbir Singh and others Punjab State through Collector (Industries Department,Chandigarh) and others (9) Regular First Appeal No 3310 of 2005 The Punjab State through Collector, Department of Industries, Chandigargh and another.

Tehal Singh and others

REGULAR FIRST APPEAL NO.1471 OF 2005 3 (10) Regular First Appeal No.143 of 2006 State of Punjab and another Dalbir Singh and others (11) Regular First Appeal No.144 of 2006 Punjab State through the Collector (Industries Department Chandigarh) and another Dalbir Singh and others (12) Regular First Appeal No.1960 of 2005 Darshan Singh and another State of Punjab, through Collector, Amritsar and others ..Respondents (13) Regular First Appeal No.2102 of 2005 Punjab Small Industries and Export Corporation Limited, Chandigarh Darshan Singh and others (14) Cross Objection No 41-CI of 2012 in/and RFA No.2397 of 2005 Punjab Small Industries and Export Corporation Limited, Chandigarh Labh Singh and others

REGULAR FIRST APPEAL NO.1471 OF 2005 4 (15) Cross Objection No.42-CI of 2012 in/and RFA No.2396 of 2005 Punjab Small Industries and Export Corporation Limited, Chandigarh Gian Singh and others Cross-objection No-43-CI-2012 in/and (16) Regular First Appeal No.2398 of 2005 Punjab Small Industries and Export Corporation Limited, Chandigarh Major Singh and others (17) Regular First Appeal No.4387 of 2006 Punjab Small Scale Industries and Export Corporation,Chandigarh Bawa Amar Singh and others (18) Regular First Appeal No.4388 of 2006 Punjab Small Scale Industries and Export Corporation,Chandigarh Bawa Sarup Singh and others (19) Regular First Appeal No.4389 of 2006 Punjab Small Scale Industries and Export Corporation,Chandigarh Smt. Bindra Wanti and others

REGULAR FIRST APPEAL NO.1471 OF 2005 5 (20) Regular First Appeal No. 4390 of 2006 Punjab Small Scale Industries and Export Corporation,Chandigarh Sukhwinder Kaur and another (21) Regular First Appeal No.4391 of 2006 Punjab Small Scale Industries and Export Corporation,Chandigarh Garish Bawa and others (22) Regular First Appeal No.4403 of 2006 Punjab Small Scale Industries and Export Corporation,Chandigarh Saroj Bhalla and others (23) Regular First Appeal No.4404 of 2006 Punjab Small Scale Industries and Export Corporation,Chandigarh Bawa Tarlochan Singh and others (24) Regular First Appeal No.1932 of 2008 Jagtar Singh and others State of Punjab and another

REGULAR FIRST APPEAL NO.1471 OF 2005 6 (25) Regular First Appeal No. 551 of 2008 State of Punjab and another Kamaljit Singh and others (26) Regular First Appeal No. 1394 of 2009 Kishan Kishore and others Punjab State and others (27) Regular First Appeal No. 2888 of 2011 Punjab Small Industries and Export Corporation Limited, Chandigarh Dalbir Kaur and others (28) Regular First Appeal No.5448 of 2011 Committee of Management Sri Gurudwara Baoli Sahib, Goindwal Sahib District Tarn Taran State of Punjab ..Respondent

CORAM:

HON'BLE MR JUSTICE ARUN PALLI

Present:

Mr. K.K.Gupta, Addl.Advocate General,Punjab;

Mr. Parveen K Kataria, Advocate, for appellant (in RFA No.1960 of 2005 and for appellant (in RFA No.1394 of 2009) for respondent (in RFA No.3310 of 2005) for respondent (in RFA No.1473 of 2005) Mr. B.S.Sudan, Advocate, for Mr. Satbir Singh Katnoria, Advocate, for appellant (in RFA No.5448 of 2011) Mr. Ranjit Sharma, Advocate.

REGULAR FIRST APPEAL NO.1471 OF 2005 7 Mr. R.K.Dhiman, Advocate.

Mr. Sudesh Sahi, Advocate, for Mr. Arvind Kashyap, Advocate (in RFA No.4404 of 2006) ARUN PALLI, J. (ORAL) Learned counsel for the parties are ad idem that the matter in issue is squarely covered by the order/judgment dated 27.2.2015 rendered by this court in RFA No.4241 of 2006 (Vijay and another versus State of Punjab and others and other connected matters) vide which in the appeals arising out of the same acquisition, this court had enhanced the compensation to Rs.110/- per sq. yard. Therefore, it is submitted that the appeals as also cross-objections, preferred by the appellants-land-owners shall have to be disposed of in terms of the decision of this court in the case of Vijay and another, whereas the appeals preferred by the beneficiary of the acquisition, i.e., the Punjab Small Scale Industries and Export Corporation or the State shall have to be , necessarily, dismissed. Ordered accordingly.

29.8.2016 ( ARUN PALLI ) VK JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No