Arvind Kateva v. State Of Haryana & ANR

RFA No.6453 of 2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA No.6453 of 2015 (O&M) Date of Decision:22.11.2019 Arvind Kateva through his GPA Nitya Nand Garg ....Appellant(s)

Versus

The State of Haryana and another ....Respondent(s) CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA

Present:

Mr. Pawan Kumar, Senior Advocate with Mr. Surya Kumar, Advocate, Mr. Anshuman Mandhar, Advocate and Mr. Jagtar Kureel, Advocate, Mr. Rajat Garg, Advocate for Mr. Aditya Jain, Advocate, Mr. Sanjay Vij, Advocate, Mr. Sanjay Vashisth, Advocate, Mr. Harsh Bunger, Advocate, Mr. Udit Garg, Advocate, Mr. Varinder, Advocate for Mr. Saurabh Arora, Advocate Mr. Aashish Chopra, Advocate, Mr. Sandeep Sharma, Advocate, Mr. Harshit Anand, Advocate for Mr. Shekhar Verma, Advocate, Mr. Navneet Singh, Advocate, Mr. J.S. Saneta, Advocate, Mr. P.R. Yadav, Advocate for the landowners.

Mr. Sudeep Mahajan, Addl. A.G., Haryana with Mr. Abhinash Jain, AAG, Haryana.

***** G.S. SANDHAWALIA, J.

CM-6984-CI-2018 Application under Order 22, Rule X & 151 CPC for impleading the applicant as appellant in the place of present appellant has been filed. The present appeal was filed by the appellant through his General Power of Attorney Nitya Nand Garg. Later on, on dated 07.01.2018, the appellant Arvind Katewa has allegedly executed a relinquishment deed in favour of his sister Anuja, the PARVEEN KUMAR 2019.12.07 14:41 I attest to the accuracy and integrity of this document phhc

RFA No.6453 of 2015 (O&M) applicant in the present application which was executed before the Executive Magistrate, Gurugram on 21.05.2018. As such the applicant has prayed that she be impleaded as appellant in the present case. The GPA in favour of Nitya Nand Garg was also cancelled.

A perusal of the relinquishment deed would go on to show that the relinquishment deed was executed on 07.01.2018 whereas the award passed by the LAC was on 12.08.2009 and in the present case award was passed by the Reference Court on 06.01.2015. The land had thus absolutely vested with State on 12.08.2009 and the right of the applicant to claim compensation of the property of the appellant on the basis of a unregistered document as such are factors, which cannot be allowed without notice to the relevant parties. Therefore, it would be appropriate if the applicant is given liberty to move the application before the Executing Court or a Court of competent jurisdiction for claiming her right in this regard. Accordingly, the application is dismissed with aforesaid liberty.

Main case The appeal is allowed in terms of the detailed judgment of even date passed in RFA No.7271 of 2013 titled as "Dharampal and others Vs. The State of Haryana and others."

(G.S. SANDHAWALIA) 22.11.2019 JUDGE Parveen Whether speaking/reasoned Yes/No Whether reportable Yes/No PARVEEN KUMAR 2019.12.07 14:41 I attest to the accuracy and integrity of this document phhc