Jaipal Singh And ORS v. State Of Haryana And ORS

RA No.64-CI of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RA No.64-CI of 2015 (O&M) in RFA No.4452 of 2015 Date of decision: 6.5.2016 Jaipal Singh and others ..... Applicants

Versus

State of Haryana and others ..... Non-applicants /Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Kulvir Narwal, Advocate, for the applicants. Ms. Tanisha Peshawaria, Deputy Advocate General, Haryana. RAJESH BINDAL, J This order will dispose of two review applications bearing RA Nos.64-CI and 65-CI of 2015, as the same arise out of common acquisition. The applicants have filed the present review applications only claiming that while deciding the appeal, this Court did not grant statutory benefits to the appellants/applicants under Section 23 (1-A) of the Land Acquisition Act, 1894 (for short 'the Act').

Learned counsel for the applicants submitted that the learned reference court though enhanced the compensation but refused to grant statutory benefits under Section 23 (1-A) of the Act on a wrong premise. No doubt, the compensation as assessed by the learned reference court was upheld by this Court, however, the benefits being statutory deserve to be granted.

Learned counsel for the State fairly did not dispute the aforesaid contention raised by learned counsel for the applicants. After hearing learned counsel for the parties, in my opinion, the order passed by this Court on 28.9.2015, deserves to be modified only to the extent that on the amount of compensation as already assessed by the SHARMILA 2016.05.18 11:15 I attest to the accuracy and integrity of this document

RA No.64-CI of 2015 -1learned reference court and upheld by this Court, the landowners shall be entitled to all the statutory benefits available under the Act. The review applications are disposed of accordingly. (RAJESH BINDAL) JUDGE 6.5.2016/sharmila SHARMILA 2016.05.18 11:15 I attest to the accuracy and integrity of this document