Sulakhan Singh And Another v. The State Of Punjab And Others

SHIVANI GUPTA 2020.02.20 15:35

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA No. 3662 of 2019 (O & M) Date of decision: 19.02.2020 Sulakhan Singh and another ....Appellant(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. G.S. Sandhu, Advocate, for the appellants.

G.S.SANDHAWALIA, J. (Oral) C.M. No. 9074-CI of 2019 Application for condonation of delay of 971 days in refiling the appeal is allowed in view of the averments made in the application duly supported by affidavit of the counsel.

Delay condoned.

RFA No. 3662 of 2019 (O & M) The present appeal under Section 54 of the Land Acquisition Act, 1894 is preferred against the award of the Reference Court, Faridkot dated 15.01.2014, which is delayed by 876 days in filing the same. Counsel has fairly pointed out that in RFA No. 6744 of 2014, Garajaib Singh and others vs. State of Punjab and others, the appeals filed by both the sides have been dismissed on 13.12.2019 upholding the market value at Rs.6,67,000/- per acre as fixed by the Reference Court. The relevant portion reads thus:- "It is in such circumstances, this Court is of the opinion that there is no merit in the State appeals to the extent where they are seeking reduction as the market value has rightly been fixed at Rs.6,67,000/- per acre

RFA No. 3662 of 2019 (O & M) -2nor the case is made out for enhancement. Accordingly, this Court is the opinion that the Reference Court was just and fair in fixing the market value of the land and there is no case made out for enhancement or for decreasing the amount. Resultantly, the appeals filed by both the land owners and the State are dismissed." Resultantly, the present appeal is also dismissed in the same terms. All miscellaneous applications also stand dismissed accordingly. 19.02.2020 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No