High Court of Punjab and HaryanaRFA/1608/2017disposed of

Radhey Sham And ORS v. Land Acquisition Collector And ANR

2019-12-20Mr. Justice Gurmeet Singh Sandhawalia2 pages

SHIVANI GUPTA 2019.12.20 16:38 RFA Nos. 1608, 1609 and 1610 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA Nos. 1608, 1609 and 1610 of 2017 Date of decision: 20.12.2019 Radhey Sham and others ....Appellant(s)

Versus

Land Acquisition Collector and another

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Ranjit Saini, Advocate, for the appellants.

Mr. Ashish Kapoor, Advocate, for IOC.

G.S.SANDHAWALIA, J. (Oral) The present order shall dispose of 3 appeals i.e. RFA Nos. 1608 to 1610 of 2017 as common questions of facts and law are involved in all the appeals. Reference is being made to RFA No. 1608 of 2017, Radhey Sham and others vs. Land Acquisition Collector and another. The present appeal filed by the land owners under Section 54 of the Land Acquisition Act, 1894, is directed against the Award of the Reference Court, Panipat dated 30.08.2011.

On an earlier occasion, the delay was condoned conditionally on 04.08.2017 by the Co-ordinate Bench of this Court and the case was disposed of in terms of RFA No. 4502 of 2013, Sampuran Singh and others vs. State of Haryana and others. The judgment in the said case was set aside by the Apex Court. Resultantly, applications had been filed by the Corporation for recalling the order, which was done by the Co-ordinate Bench on 02.12.2019. Resultantly, the present appeals have been re-listed for hearing.

RFA Nos. 1608, 1609 and 1610 of 2017 The notification dated 12.12.1994, vide which the land was acquired, is subject matter of consideration in the said appeal and the market value payable on the said date. This Court in RFA No. 2517 of 2011, Indian Oil Corporation Ltd. vs. Khan Chand Bajaj and another (III) has disposed of the appeals on 18.12.2019.

Resultantly, the present appeals are also disposed of in the same terms. However, the land owners will not be entitled to interest on the enhanced compensation for 1897 days since the delay in filing the appeals was condoned conditionally on 04.08.2017.

20.12.2019 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No