Nasruddin @ Nasru (Since Deceased) Thr Lrsand Others v. Financial Commissioner Principal Secretary To Govt Of Haryana And Others
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313+322+333
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH RFA No. 1403 of 2022 (O&M) alongwith 81 connected cases* Date of Decision: 21.08.2023 Nasruddin @ Nasru through his LRs and another ...Appellants
Versus
Financial Commissioner, Principal Secretary to Government of Haryana, Irrigation Department, Chandigarh and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:
Mr. Mazlish Khan, Advocate for the landowners.
Mr. Shivendra Swaroop, Deputy Advocate General, Haryana **** HARKESH MANUJA, J. (ORAL) CM-3931-CI-2022 in RFA-1403-2022 Prayer in the present application is for impleading the legal heirs of appellant No.2-Rehmuddin @ Rehmu (deceased). Notice of the application.
Learned State Counsel accepts notice on behalf of the non-applicant/respondent and raises no objection to the application for impleading the LRs of above appellant.
In view of the above and for the reasons mentioned in the application, which is duly supported by an affidavit, the same is allowed and the persons mentioned in para-2 of the application are
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ordered to be impleaded as legal heirs of appellant No.2, for the purpose of pursuing the present appeal.
CM-3930-CI-2022 in RFA-1403-2022 CM-191-CI-2023 in RFA-60-2023 and CM-194-CI-2023 in RFA-61-2023 CM-3930-CI-2022 and CM-191-CI-2023 have been moved on behalf of the applicant-landowner(s) for condonation of delay of 78 days in filing the respective appeals, whereas CM-194-CI2023 has been filed for condonation of delay of 164 days in filing the above noted appeal.
Despite notice, no reply has been filed.
After having gone through the contents of the applications, which are duly supported by the affidavit(s), sufficient cause has been made out for the purpose of condoning the delay, as mentioned above, in filing the respective appeals. Accordingly, the aforesaid delay in filing the respective appeals is condoned. Applications are disposed off.
Applications for condonation of delay in State Appeals Applications have been filed for condonation of delay of 262-295 in filing the appeals against the award dated 02.04.2022 passed by the Reference Court, Nuh.
Upon notice, no reply has been filed.
In view of the averments made in the applications, which are duly supported by the affidavits, the same are allowed. The delay of 262-295 days in filing the appeals, as the case may be, is hereby condoned.
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MAIN APPEAL(S) This order shall dispose of a bunch of *82 appeals (details whereof are at the foot of the order), out of which 07 are filed by the landowners and 75 filed by the State of Haryana. [2] In the appeals filed by the landowners, they are seeking further enhancement of compensation for the acquired land, whereas in the appeals filed by the State, the prayer is for reduction thereof while challenging the award dated 02.04.2022 passed by learned Additional District Judge, Nuh (hereinafter to be referred as "Reference Court").
[3] Present set of appeals relate to acquisition proceedings arise out of Notification dated 18.11.2013, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), followed by award No.1 dated 30.01.2015, whereby the market value of the acquired land was assessed as Rs. 22,00,000/- per acre. The Reference Court enhanced the compensation to Rs. 29,04,000/- per acre, besides other statutory compensation.
[4] Learned State Counsel relies upon decision dated 13.12.2022 passed by this Court in RFA No. 1107 of 2022, titled "Mohd. Sahood (deceased) through his LRs and Ors. Versus Financial Commissioner and Ors.", to contend that the impugned award passed by the Reference Court already stands set aside and the matter has been remanded back to the Reference Court for fresh adjudication, which fact could not be disputed by the learned counsel representing the landowners.
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[5] In view of the aforementioned un-controverted position, relying upon the order dated 13.12.2022 passed in case of Mohd. Sahood (deceased) through his LRs (supra), the impugned award dated 02.04.2022 passed by the Reference Court is set aside and the matter is remanded back to the Reference Court for fresh adjudication.
[6] The parties through their counsels are directed to appear before the Reference Court on 04.10.2023.
[7] The Reference Court is requested to decide the matter afresh within a period of six months from today. [8] All appeals are disposed off, accordingly.
Pending applications shall also stand disposed off. August 21, 2023 ( HARKESH MANUJA ) 'sonika / dk kamra'
JUDGE
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JUDGE