M/S Indian Oil Corporation Limited v. Janeshwar & Others

SHIVANI GUPTA 2019.12.21 14:07 RFA Nos. 1949 and 2169 of 2012

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA Nos. 1949 and 2169 of 2012 Date of decision: 20.12.2019 M/s. Indian Oil Corporation Ltd.

....Appellant(s)

Versus

Janeshwar and others

...Respondent(s)

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

Present:

Mr. Ashish Kapoor, Advocate, for IOC.

None for the respondents.

G.S.SANDHAWALIA, J. (Oral) The present order shall dispose of 2 appeals i.e. RFA Nos. 1949 and 2169 of 2012 as common questions of facts and law are involved in both the appeals. Reference is being made to RFA No. 1949 of 2012, M/s. Indian Oil Corporation Ltd. vs. Janeshwar and others. The present appeal filed by the Corporation under Section 54 of the Land Acquisition Act, 1894, is directed against the Award of the Reference Court, Panipat dated 30.08.2011.

On an earlier occasion, the case was disposed of by Co-ordinate Bench in terms of RFA No. 4502 of 2013, Sampuran Singh and others vs. State of Haryana and others. The judgment in the said case was set aside by the Apex Court. Resultantly, applications had been filed by the Corporation for recalling the order, which was done by the Co-ordinate Bench on 16.12.2019. Resultantly, the present appeals have been re-listed for hearing.

The notification dated 12.12.1994, vide which the land was acquired, is subject matter of consideration in the present appeal and the

RFA Nos. 1949 and 2169 of 2012 market value payable on the said date. This Court in RFA No. 2517 of 2011, Indian Oil Corporation Ltd. vs. Khan Chand Bajaj and another (III) has disposed of the appeals on 18.12.2019 regarding the said notification.

Resultantly, the present appeals are also disposed of in the same terms.

20.12.2019 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No