Punjab-Haryana High Court
Summer Chand Etc vs State Of Haryana And Another on 9 November, 2009
Author: Nirmaljit Kaur
Bench: Nirmaljit Kaur
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RFA No. 3091 of 1989 (O&M)
Date of decision : November 09, 2009
Summer Chand etc.
Appellants
Versus
State of Haryana and another
Respondents
CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR
Present : Mr. C.B. Goel, Advocate
for the appellants
Mr. Navneet Singh, AAG Haryana
for the respondent - State
NIRMALJIT KAUR, J. (ORAL)
C.M. No. 10795-CI of 2009 This is an application for disposing of the present appeal in terms of the judgment dated 5.10.2007 passed by this Court in RFA No. 882 of 1983 titled as Dr. Rajwant Singh vs. State of Haryana.
As per the note put up by the Registry with the objection that the main case has already been decided on 2.9.1992. Learned counsel for the appellant submits that connected cases already stand decided by a Single Bench of this Court vide judgment dated 28.11.1984 passed in RFA No. 892 of 1983. Thereafter LPA No. 441 of 1985 came to be preferred by the claimants/land owners challenging the judgment of learned Single Judge claiming higher rate of compensation than allowed by the learned Single Judge. The Division Bench of this Court remanded the matter for fresh adjudication.
Learned Single Bench vide order dated 5.10.2007 allowed the RFA No. 882 of 1983 and other connected cases. However, the present RFA was not put up before the learned Single Bench alongwith the case even though it was a connected matter being in respect to the same RFA No. 3091 of 1989 (O&M) 2 notification as the paper book was burnt. The same is now put up after reconstruction.
Learned counsel for the respondent - State confirms that the present appeal is covered by the decision rendered by this Court in RFA No. 882 of 1983 titled as Dr. Rajwant Singh vs. State of Haryana.
In view of the aforesaid statement made by the learned counsel for the respondent-State, the application is allowed and the present appeal is disposed off in the same terms as RFA No. 882 of 1983.
Disposed off.
(Nirmaljit Kaur) 09.11.2009 Judge reena