Balbir v. State Of Haryana And ORS.
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 802-CI of 2023 in/and RFA No. 4572 of 2012 (O&M) Date of Decision: 04.10.2023 Balbir ...Appellant
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:
Mr. Ashwani Gaur, Advocate for the applicant-appellant / landowner Mr. Shivendra Swaroop, Deputy Advocate General, Haryana Mr. Udit Jain, Advocate for respondent No. 5.
**** HARKESH MANUJA, J.
The main appeal, alongwith a batch of appeals, was disposed off vide order dated 03.11.2015, lead case of which was RFA No. 5360 of 2011, titled "Kehar Singh Versus State of Haryana and others". [2] Now, by filing application bearing CM No. 802-CI of 2023 under Section 151 CPC moved on behalf of the applicant-appellant / landowner, prayer is for re-deciding / disposing off the appeal in terms of judgment dated 05.07.2019 (Annexure A-1) passed by this Court in RFA No. 4101 of 2008, titled "HSIDC (now Haryana State Industrial & Infrastructure Development Corporation) Versus Rajesh Kumar-II and others".
[3] Upon notice of the application, no reply has been filed on behalf of the respondents.
-2- [4] At the outset, learned State Counsel is not in a position to dispute the factual position qua determination of compensation in the present acquisition being covered in terms of judgment dated 05.07.2019 passed in case of Rajesh Kumar-II (supra).
[5] I have heard learned counsel for the parties and gone through the paper-book as well as records.
[6] From the perusal of records, it transpires that main appeal was disposed off on 03.11.2015 alongwith bunch of appeals, lead case of which was Kehar Singh's case (supra), which stood remitted back vide order dated 12.01.2018 passed by the Hon'ble Supreme Court in Civil Appeal Nos. 471-472 of 2018, titled "Mange (deceased) through LRs Versus State of Haryana and others". Thereafter, a bunch of appeals, the lead case of which was Rajesh Kumar-II (supra), was disposed off by this Court vide judgment dated 05.07.2019 (A-1) with regard to eight (08) different notifications issued under Section 4 of the Act including the acquisition proceedings involved in the present case as notified on 17.11.2005. It is also discernible from the records that against the judgment dated 05.07.2019 (supra), SLP (C) Dairy No.
45108 of 2019, titled "Vinod and others Versus State of Haryana and others" filed by some other landowners, stood dismissed vide order dated 14.02.2020. In the case of Rajesh Kumar-II (supra), this Court re-assessed the compensation qua the Notification dated 17.11.2005 and the relevant para-189 (iv) thereof reads as under:- " 189.
(i) to (iii) ..........................
(iv) For the fifth notification dated 17.11.2005, for the land falling upto the depth of 2 acres (440 feet) of the National Highway, market value is assessed @ Rs.38,50,000. For the other land falling in Villages Badh Khalsa, Firozepur Khadar, Abaspur, Badh Malik and Patla, the market value is assessed @ Rs.35,00,000/-
-3along with all statutory benefits. For Villages Jakholi, Sewli, Khewda and Bahalgarh, the market value is assessed @ Rs.31,50,000/- per acre along with all statutory benefits.
(v) to (ix) ...................................."
[6.1] Based upon the above, applying the principle of parity, besides award of just and fair compensation, the landowners / applicants being similarly situated are held entitled for grant of similar amount of compensation as has been awarded to other landowners vide judgment dated 05.07.2019 in case of Rajesh Kumar-II (supra), alongwith all other statutory benefits and interest thereupon as provided under the Act. [7] In view of the above, present application is allowed; the earlier order dated 03.11.2015 is recalled; the main appeal is taken on board today itself and disposed off in terms of order dated 05.07.2019 passed in case of Rajesh Kumar-II (supra).
Pending miscellaneous application(s), if any, shall also stand disposed off. October 04, 2023 ( HARKESH MANUJA ) 'dk kamra'
JUDGE