Haryana State Industrial & Infrastructure Development Corporation Limited v. Rakesh Verma And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA-543-2016 (O&M) and connected cases Date of decision: 18.02.2022 HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED ..Appellant

Versus

RAKESH VERMA AND ORS.

..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. PS Saini, Advocate and Mr. Vishal Garg, Advocate for the HSIIDC.

Mr. Pankaj Bali, Advocate for Mr. Deepak Sharma, Advocate Mr. YS Turka, Advocate Mr. Bhag Singh, Advocate Mr. JS Cooner, Advocate Mr. Sandeep Singh Jattan, Advocate Mr. Jasmer Chand, Advocate for the landowners.

Mr. Shivendra Swaroop, AAG, Haryana.

*** ANIL KSHETARPAL, J (Oral) The hearing of the case is being held through video conferencing on account of restricted functioning of the Courts. CM No.1434-CI of 2016 in RFA No.543 of 2016 For the reasons stated in the application, the same is allowed and the delay of 65 days in filing the appeal is condoned. Main Cases A batch of 39 appeals has been listed with an office note that

RFA-543-2016 (O&M) the service of notice is not complete in these appeals. It is evident that the Reference Court clubbed 261 petitions filed under Section 18 of the Land Acquisition Act, 1894, and the evidence was led by all the parties in LAC Petition No.288 (295) of 2011 (Smt. Kiran Bala vs. State of Haryana and another). The entire batch was decided vide judgment dated 18.03.2015.

The various appeals filed by the landowners as well as the Haryana State Industrial and Infrastructure Development Corporation have already been decided vide judgment dated 13.12.2021 in RFA No.5100 of 2015 (HSIIDC vs. Prem Parkash and another).

Learned counsel for the HSIIDC has stated that in these appeals no separate evidence was led.

It has been noticed that due to the non-completion of service, these appeals remain pending in this Court. In the absence of separate evidence, the chances of any additional/new arguments are remote. Moreover, the judgment dated 13.12.2021 has been passed after hearing the respected learned counsel for the parties and examining the lower Court record.

Hence, these appeals are disposed of in terms of the judgment

RFA-543-2016 (O&M) passed in RFA No.5100 of 2015 ((HSIIDC vs. Prem Parkash and another). However, the landowners shall have the liberty to file an application for revival, if they feel aggrieved. All the pending miscellaneous application(s), if any, are also disposed of.

18.02.2022 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No