Dhanno (Since Deceased) Through Lrs And ORS v. State Of Haryana And Others
-1-
275 (2 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH (1) RFA No. 1190 of 2022 (O&M) Date of Decision: 31.10.2023 Smt. Dhanno (since deceased) through LRs and others ...Appellants
Versus
State of Haryana and others
...Respondents
(2) RFA No. 1192 of 2022 (O&M) Ranbir alias Randhir and others ...Appellants
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:
Mr. Digvijay Singh Kadian, Advocate and Mr. Harsh Chopra, Advocate for the appellants / landowners (in both cases). Mr. Arun Beniwal, Senior Deputy Advocate General, Haryana **** HARKESH MANUJA, J.
CM-3099-CI-2022 in RFA-1190-2022; and CM-3101-CI-2022 in RFA-1192-2022 Present two applications moved on behalf of the applicants-appellants, are for condonation of delay of 111 days in filing the respective appeals.
Upon notice, no reply has been filed.
-2-
Accordingly, keeping in view the averments made in the applications, which have gone un-controverted, duly supported by the affidavits, the same are allowed. The delay in filing the appeals is condoned.
Applications stand disposed off.
MAIN APPEAL(S) This order shall dispose off present two appeals bearing RFA Nos. 1190 & 1192 of 2022, as the same arise out of common acquisition / award dated 14.11.2019 passed by learned Additional District Judge, Sonepat (hereinafter to be referred as "Reference Court").
[2] The landowners, by instituting the present appeals preferred under Section 54 of the Land Acquisition Act, 1894 (for short "the Act"), are seeking modification of the award dated 14.11.2019 passed by Reference Court for enhancement of compensation amount.
[3] Briefly, the facts are that in pursuance of Haryana Govt. Notification dated 30.06.2010 issued under Section 4 of the Act, followed by Notification dated 29.06.2011 under Section 6 thereof, the total land measuring 347 Kanals 87 acres, including the land of appellants, situated in the revenue estates of Villages Garhi Ujalekhan, Garhi Sarai Namdarkha, Nagar & Barota, Tehsil Gohana, District Sonepat, was acquired. The public purpose for acquisition of the land was stated to be Development of Sector-13 residential, Gohana (Sonepat). The Land Acquisition Collector (for short "LAC"), vide Award No. 4, dated 24.06.2013, assessed the market value of
-3-
acquired land situated in above villages @ Rs. 40,00,000/- per acre alongwith other statutory benefits.
[4] Dissatisfied with the aforesaid Award, landowners / interested persons filed references under Section 18 of the Act, which were dismissed vide award dated 14.11.2019 by Reference Court. [5] At the outset, learned State Counsel points out that appeals filed by some landowners stood dismissed by this Court vide judgment dated 22.08.2022, passed in RFA-785-2020, titled "Hari Ram and others Versus State of Haryana and others", hence, prayer is for dismissal of the present appeals in terms of said decision.
[6] On the other hand, learned counsel for the appellants is not in a position to controvert the aforesaid factual aspect that the main appeals are covered in terms of judgment of Hari Ram and others' case (supra).
[7] I have heard learned counsel for the parties and gone through the paper-book.
[8] From the perusal of records, it is apparent that the present appeals are squarely covered with the judgment of Hari Ram and others' case (supra), which are arising out of the same acquisition / Notification dated 30.06.2010 covering the same revenue estates i.e. Villages Garhi Ujalekhan, Garhi Sarai Namdarkha, Nagar & Barota, Tehsil Gohana, District Sonepat, whereby the appeals filed by the landowners for enhancement of compensation, stood dismissed.
-4-
[9] Accordingly, the present appeals are dismissed in terms of decision dated 22.08.2022 passed in case of Hari Ram and others (supra).
[10] Pending application(s), if any, shall also stand(s) disposed off.
October 31, 2023 ( HARKESH MANUJA ) 'dk kamra'
JUDGE