M/S United Buildwell Pvt Ltd v. State Of Haryana & ANR
SHIVANI GUPTA 2020.03.12 10:24
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of decision: 05.03.2020 M/s. United Buildwell Pvt. Ltd.
....Appellant(s)
Versus
State of Haryana and another
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA
Present:
Mr. Vineet Sehgal, Advocate, for the applicant-appellant.
G.S.SANDHAWALIA, J. (Oral) C.M. No. 1548-CI of 2020 has been filed for re-deciding the case in terms of the judgment passed in RFA No. 7108 of 2012, Rampal and others (II) vs. LAC and another dated 31.05.2019. Notice in the application.
Mr. Abhinash Jain, AAG, Haryana accepts notice. It is not disputed that the order which is sought to be recalled was in terms of the main judgment which was set aside by the Apex Court in Civil Appeal No. 21014-21017, Premwati and others vs. State of Haryana and another decided on 06.12.2017 and the matters were remanded. Accordingly, this Court has re-decided the issue in Rampal (II) case (supra) for the notification dated 14.08.2008 by which the land was acquired for village Pehladpur and the appeal arises out of the award dated 24.03.2014 passed by the Reference Court. This Court has already dealt with the said award in the judgment re-decided on 31.05.2019. The amount
awarded for the said village is Rs.2,129/- per square yard (Rs.1,03,04,360/- per acre). The relevant portion reads thus.
(iv) For the land falling in villages Badoli/Baroli, Pehladpur and Wazirpur, for the notification dated 14.08.2008, the market value is fixed @ Rs.2129/- per square yard (Rs.1,03,04,360/- per acre). For the lands of villages Palwali, Badshahpur, Bhatola and Murtazapur the market value is fixed @ Rs.1936/-per square yard (Rs.93,70,240/- per acre). And for the land falling in the last belt of the notification dated 14.08.2008 in villages Neemka, Fajjupur Majra Neemka, Kheri Khurd, Faridpur, Kheri Kalan, Bhupani, Riwajpur and Tikawali, the market value is fixed @ Rs.1760/- per square yard (Rs.85,18,400/- per acre).
xxx xxx xxx
201. The State shall also comply with the directions laid down by the Apex Court in 'HSIIDC Vs. Pran Sukh' (2010) 11 SCC 175, to ensure that the landowners are not fleeced by the middleman, which read as under: (a) The Land Acquisition Collector shall depute officers subordinate to him not below the rank of Naib Tahsildar, who shall get in touch with all the land owners and/or their legal representatives and inform them about their entitlement and right to receive enhanced compensation.
(b) The concerned officers shall also instruct the land owners and/or their legal representatives to open savings bank account in case they already do not have such account.
(c) The bank account numbers of the land owners should be given to the Land Acquisition Collector
within three months.
(d) The Land Acquisition Collector shall deposit the cheques of compensation in the bank accounts of the land owners.
Accordingly, the application is allowed.
The main case is taken on Board and for hearing today itself and is also disposed of in the same terms as in Rampal (II) case (supra). 05.03.2020 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No