High Court of Punjab and HaryanaRA-RF/192/2018allowed

Ramesh Kumar v. State Of Haryana And ORS

2019-02-01Mr. Justice Arun Palli2 pages

202 CM-11739-CI-2018 RA-RF-192-CI-2018 IN RFA-1375-2017 RAMESH KUMAR VS STATE OF HARYANA AND ORS

Present:

Mr. Animesh Sharma, Advocate, for the applicant/appellant.

Mr. Sharad Aggarwal, AAG, Haryana.

CM-11739-CI-2018:

This is an application seeking condonation of delay of 534 days in filing the accompanying review application. Notice of this application was issued to the non-applicant/respondents, but no reply has been filed thereto. For the reasons set out in the application, which are duly supported by an affidavit, the same is allowed. Consequently, the delay of 534 days in filing the review application is condoned. RA-RF-192-CI-2018:

Learned counsel for the applicant submits that the appeal filed by the applicant/landowner was disposed of vide order and judgment, dated 11.05.2017, in terms of the decision of this Court, dated 03.03.2016, rendered in RFA No. 2963 of 2015 (Haryana State Industrial and Infrastructure Development Corporation Limited through its Managing Director and another v. Mangal Singh and others) and other connected matters, vide which in the appeals arising out of the same acquisition, the compensation awarded to the landowners was enhanced to Rs.1013/- per Sq.Yard. It is urged that subsequently in the review applications moved by PRASHANT KAPOOR 2019.02.01 17:12 I attest to the accuracy and authenticity of this document

CM-11739-CI-2018, RA-RF-192-CI-2018 -2IN RFA-1375-2017 the claimant-landowners, i.e. RA-RF-122-CI-2017 in RFA-978-2015 (Siri Chand v. State of Haryana and others) and other connected cases, this Court vide order, dated 26.09.2017, reviewed its earlier order and redetermined the value of the acquired land to Rs.1051/- per Sq.Yd. instead of Rs.1013/- per Sq.Yd.

The factual position as set out above, is not disputed by learned counsel for the respondents.

Accordingly, the application is allowed. Consequently, the order dated 11.05.2017 is modified to the extent that the applicant-claimant shall be entitled to compensation @ Rs.1051/- per Sq.Yd. in terms of the decision of this Court in Siri Chand's case (supra). (ARUN PALLI) JUDGE February 01, 2019 Pkapoor PRASHANT KAPOOR 2019.02.01 17:12 I attest to the accuracy and authenticity of this document