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High Court of Punjab and HaryanaRFA/2210/2017disposed of

Hsidc Now Hsiidc Ltd And Others v. Inderjeet Kaur & Others

2019-12-03Mr. Justice Gurmeet Singh Sandhawalia2 pages

SHIVANI GUPTA 2019.12.05 15:24 RFA No. 2210 of 2017 and RFA No. 2714 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH C.M. No. 4023-CI of 2019 in/and RFA No. 2210 of 2017 and RFA No. 2714 of 2016 Date of decision: 03.12.2019 HSIDC (now HSIIDC) ....Appellant(s)

Versus

Inderjeet Kaur and others

...Respondent(s)

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

Present:

Mr. Lokesh Sinhal, Advocate, for the appellant.

Ms. Surmeet Kaur, Advocate, for Mr. M.S. Khillan, Advocate, for the applicant-respondents.

G.S.SANDHAWALIA, J. (Oral) The present order shall dispose of two appeals i.e. RFA Nos. 2210 of 2017 and 2714 of 2016. Reference is being made to RFA No. 2210 of 2017, HSIDC vs. Inderjeet Kaur and others. The land owners have filed C.M. No. 4023-CI of 2019 in RFA No. 2210 of 2017 for disposal of the main appeal as having been rendered infructuous in view of the judgment of the Apex Court dated 25.10.2018 in Civil Appeal No. 6892 of 2009, Mandeep Singh vs. State of Haryana and others (Annexure A-3).

A perusal of the said order would go on to show that the appeal was allowed in terms of the judgment delivered in Civil Appeal No. 6256 of 2009, M/s. Sharma Agro Industries vs. State of Haryana and others alongwith Civil Appeal No. 6350 of 2009, M/s. Indian Discs Corporation

RFA No. 2210 of 2017 and RFA No. 2714 of 2016 vs. State of Haryana and others. The said judgments have been appended as Annexure A-4.

A perusal of the same would go on to show that the notification including the award was quashed by the Apex Court on 12.11.2014. In response, the HSIDC has filed affidavit submitting that the appeal of the land owners bearing RFA No. 2714 of 2016 would also become infructuous which is for enhancement of compensation. Accordingly, keeping in view the above, C.M. No. 4023-CI of 2019 in RFA No. 2210 of 2017 is allowed. Both the appeals are disposed of as having been rendered infructuous in view of the above development. 03.12.2019 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No