Meena And ORS v. Union Of India & ORS
FAO No. 4325 of 2014+connected cases 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of Decision : 29.1.2018 FAO No.4325-2014 (O&M) MEENA AND OTHERS 221-2 FAO No.4326-2014 (O&M) RAJO DEVI AND ANOTHER 221-3 FAO No.4327-2014 (O&M) RAMESHWAR 221-4 FAO No.4328-2014 (O&M) KARTAR SINGH 221-5 FAO No.4353-2014 (O&M) AJAY KUMAR AND OTHERS
FAO No. 4325 of 2014+connected cases 2 221-6 FAO No.4354-2014 (O&M) BISHEMBER AND OTHERS 221-7 FAO No.5335-2014 (O&M) DINESH AND ANOTHER 221-8 FAO No.5336-2014 (O&M) NAWAL SINGH AND ANOTHER 221-9 FAO No.5337-2014 (O&M) SHRI KISHAN AND ANOTHER 221-10 FAO No.5338-2014 (O&M) OM PARKASH AND OTHERS 221-11 FAO No.5448-2014 (O&M)
FAO No. 4325 of 2014+connected cases 3 DHARAM PAL AND OTHERS 221-12 FAO No.5449-2014 (O&M) KIRAN PAL 221-13 FAO No.5666-2014 (O&M) DAYA KISHAN AND OTHERS 221-14 FAO No.5670-2014 (O&M) PAWAN KUMAR AND OTHERS 221-15 FAO No.5671-2014 (O&M) YOGESHWAR DAYAL AND ANOTHER 221-16 FAO No.5675-2014 (O&M) VIJAY KUMAR AND OTHERS
FAO No. 4325 of 2014+connected cases 4 221-17 FAO No.5677-2014 (O&M) INDER DATT AND OTHERS 221-18 FAO No.5679-2014 (O&M) TIKA RAM 221-19 FAO No.5682-2014 (O&M) BIRO AND OTHERS 221-20 FAO No.6296-2014 (O&M) SAVTI AND OTHERS 221-21 FAO No.7577-2014 (O&M) NAURANG SINGH
FAO No. 4325 of 2014+connected cases 5 221-22 FAO No.8025-2014 (O&M) RAJ SINGH 221-23 FAO No.8026-2014 (O&M) SURESHWATI AND OTHERS 221-24 FAO No.8035-2014 (O&M) MANOJ KUMAR .....APPELLANT 221-25 FAO No.8036-2014 (O&M) GAUTAM AND OTHERS 221-26 FAO No.8037-2014 (O&M) MANOJ KUMAR AND OTHERS
FAO No. 4325 of 2014+connected cases 6 221-27 FAO No.8108-2014 (O&M) DAYAWATI AND OTHERS 221-28 FAO No.8109-2014 (O&M) SUKHBIR SINGH AND OTHERS . ...RESPONDENTS 221-29 FAO No.8110-2014 (O&M) DHARAMPAL 221-30 FAO No.8111-2014 (O&M) RAJENDER AND OTHERS 221-31 FAO No.9944-2014 (O&M) SUKHPAL
FAO No. 4325 of 2014+connected cases 7 221-32 FAO No.9948-2014 (O&M) BALJIT SINGH . ...APPELLANT 221-33 FAO No.9949-2014 (O&M) POHKAR 221-34 FAO No.9950-2014 (O&M) BHULLE RAM AND ANOTHER UNION OF INDIA AND ANOTHER 221-35 FAO No.9952-2014 (O&M) HARPAL SINGH 221-36 FAO No.5673-2014 (O&M) PARTH SINGH
FAO No. 4325 of 2014+connected cases 8 DISTRICT REVENUE OFFICER AND OTHERS ..RESPONDENTS 221-37 FAO No.5680-2014 (O&M) DHARAMPAL AND ANOTHER DISTRICT REVENUE OFFICER AND OTHERS ...RESPONDENTS 221-38 FAO No.9945-2014 (O&M) TAHAR SINGH DRO AND ANOTHER 221-39 FAO No.9946-2014 (O&M) JAGDISH DRO AND ANOTHER 221-40 FAO No.9947-2014 (O&M) ZILE SINGH AND OTHERS DRO AND ANOTHER 221-41 FAO No.9951-2014 (O&M) CHAINI AND OTHERS DRO AND ANOTHER
FAO No. 4325 of 2014+connected cases 9 221-42 FAO No.4346-2014 (O&M) ASHOK KUMAR AND OTHERS DISTRICT REVENUE OFFICE RAND OTHERS 221-43 FAO No.2734-2015 (O&M) ASHOK KUMAR AND OTHERS 221-44 FAO No.2735-2015 (O&M) VIRENDER AND OTHERS 221-45 FAO No.2736-2015 (O&M) RAGHUBIR SINGH 221-46 FAO No.2737-2015 (O&M) NARENDER KUMAR
FAO No. 4325 of 2014+connected cases 10 221-47 FAO No.2738-2015 (O&M) VED SINGH 221-48 FAO No.3138-2015(O&M) CHARAN SINGH 221-49 FAO No.3139-2015 (O&M) GAJE SINGH 221-50 FAO No.3140-2015 (O&M) VIRENDER SINGH AND ANOTHER 221-51 FAO No.3209-2015 (O&M) KALI RAM AND OTHERS
FAO No. 4325 of 2014+connected cases 11 221-52 FAO No.3210-2015 (O&M) DALIP SINGHAND OTHERS 221-53 FAO No.3211-2015 (O&M) KALI RAM 221-54 FAO No.3213-2015 (O&M) VIR SAIN ...RESPONDENTS 221-55 FAO No.3309-2015 (O&M) PHOOL SINGH 221-56 FAO No.3310-2015 (O&M) PINKI DEVI
FAO No. 4325 of 2014+connected cases 12 221-57 FAO No.4351-2015 (O&M) RAJENDER SINGH AND OTHERS 221-58 FAO No.4352-2015 (O&M) PHOOL SINGH DRO-CUM-COMPETENT AUTHORITY AND ANOTHER 221-59 FAO No.4379-2015 (O&M) RAJENDER SINGH SINCE DECEASED THROUGH LRS 221-60 FAO No.1751-2016 (O&M) DILPAT SINGH AND ANOTHER FAO No.6579-2015 (O&M) TAHAR SINGH AND OTHERS
FAO No. 4325 of 2014+connected cases 13 FAO No.4141-2017 (O&M) INDER PAL @ DEVENDER(NOW DECEASED) THROUGH HIS LRS CORAM: HON'BLE MR. JUSTICE AJAY TEWARI
Present:
Mr. Vikaram Punia, Advocate Mr. Vikram Sharma, Advocate for Mr. Virender Khattri, Advocate Mr. Ashwani Gaur, Advocate Mr. Sandeep Singh, Advocate Mr. Surinder Gaur, Advocate Mr. Navneet Singh, Advocate Mr. Surender Saini, Advocate for the appellant(s).
Mr. Chetan Mittal, Senior Advocate with Mr. Varun Issar, Advocate Mr. Sunil K. Sahore, Advocate and Mr. Mukesh Kumar, Advocate for respondents-NHAI and UOI.
Dr. Sushil Gautam , DAG, Haryana.
**** AJAY TEWARI, J.(Oral) CM-21727-CII-2017 IN FAO No. 8035-2014 This is an application under order 41 Rule 27 read with Section 107 and Section 151 CPC for production by way of additional evidence of the award dated 12.4.2017 passed by the Arbitrator. It may be mentioned here that the main appeal forms a group of appeals whereby the land owners have challenged an order under Section 34 declining to interfere with an
FAO No. 4325 of 2014+connected cases 14 award dated 21.12.2010. It has been submitted that in another set of cases arising out of the same acquisition under Section 34 applications were filed by a different set of land owners and in those proceedings the Additional District & Sessions Judge had set aside the award and remanded the case back for a fresh award and it is that fresh award which has been sought to be place on the record.
Learned Senior counsel appearing on behalf of the NHAI has accepted that in fact this has indeed occurred and the respondent had submitted to that remand and a fresh award had been passed. Consequently, this application is allowed and the award is taken on record.
Main Cases This order shall dispose of the aforesaid appeals as common questions of law and facts are involve therein. Learned counsel for the appellant submit that from the same acquisition different compensation has been awarded to one set of land owners and to the other set of land owners. They have consequently prayed that this appeal should be allowed, the award should be set aside and the matter be remanded again as in the previous case so that this apparent incongruity in the of compensation arising out of the same acquisition is settled. The learned Senior Counsel appearing on behalf of the respondent is not in a position to deny the reasonableness of the request. In my opinion, it would otherwise be most improper if land acquired by one acquisition for the same public purpose should be treated differently as far as compensation is concerned.
FAO No. 4325 of 2014+connected cases 15 In the circumstances, all these appeals are allowed and the matter is remanded back to the Arbitrator, Sonepat for a fresh award. It is directed that the fresh award be passed within six months. Since the main cases have been decided, the pending civil miscellaneous applications with regard to bring on record LRs, for condonation of delays in filing or refiling the appeals, if any, and other applications stand disposed of.
29.1.2018 (AJAY TEWARI) anuradha JUDGE Whether speaking/reasoned - Yes/No Whether reportable - Yes/No