Sushila Devi And ORS v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 12.1.2016 Smt. Sushila and others .. Appellants Vs.

State of Haryana and others ... Respondents 2.

Randhir @ Ranbir Singh .. Appellant Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. R.S. Sangwan, Advocate for the appellants.

Mr. Arun Beniwal, DAG, Haryana.

***** RAMESHWAR SINGH MALIK, J.

CM No. 5767-CI-2015 in RFA No. 3141 of 2015 CM No. 5769-CI-2015 in RFA No. 3142 of 2015 Applicants-appellants, in both these RFAs, seek condonation of delay of 500 days in filing the appeals. Notice of the application was issued. However, no reply has been filed.

After hearing learned counsel for the parties and also keeping in view the fact that both these cases are squarely covered by the judgment dated 22.9.2015 passed by this Court in RFA No. 6719 of 2013 (Surat Singh and others Vs. State of Haryana and others), both the applications are allowed for the reasons stated therein. Delay of 500 days in filing both these regular first appeals is condoned.

CMs stand disposed of.

RFA No. 3141 of 2015 RFA No. 3142 of 2015 This order proposes to decide two connected regular first appeals bearing RFA No.3141 and 3142 of 2015. Learned counsel for the the appellant in RFA No. 3142 of 2015 submits that private respondents No. 3, 4, 5, 5(a), 5(b) and 5 (c) are only proforma respondents and there is no clash of interest between the appellant and the abovesaid private respondents, as all of them were similarly placed claimants in land reference No. 56 before the learned reference court. He further submits in this view of the matter, service on the private respondents is not necessary. In view of the above fact situation borne on the record, learned counsel for the appellant seems to be correct. Thus, service on the abovesaid private respondents is dispensed with, however, subject to all just exceptions.

Learned counsel for the parties are ad idem that both these appeals are squarely covered by the judgment dated 22.9.2015 passed by this Court in RFA No. 6719 of 2013 (Surat Singh and

others VS. State of Haryana and others). They jointly pray for disposal of both these appeals in terms of Surat Singh's case (supra).

Ordered accordingly.

In view of the above, appellants in both these appeals are held entitled to receive the amount of compensation at uniform rate of `35 lacs per acre for their acquired land from the date of issuance of notification under Section 4 of the Land Acquisition Act, 1894 ('the Act' for short). Besides this, appellants-land owners shall also be entitled for all the statutory benefits available to them under the relevant provisions of the Act.

With the abovesaid observations made, both the appeals stand disposed, however, with no order as to costs. (RAMESHWAR SINGH MALIK ) JUDGE 12.1.2016 AK Sharma