Punjab-Haryana High Court
Ram Phal @ Ramphal Deceased Th Lr And Ors vs State Of Haryana And Ors on 9 March, 2018
Author: G.S.Sandhawalia
Bench: G.S.Sandhawalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RFA No.3086 of 2015 (O&M)
Date of Decision: 09.03.2018
Ram Phal alias Ramphal (deceased) through his LRs and others.
.... Appellant(s).
Versus
State of Haryana and others.
....Respondent(s).
CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA.
****
Present: Mr.Shailendra Jain, Senior Advocate with
Mr.Satyendra Chauhan, Advocate,
Mr.Pawan Kumar, Senior Advocate with
Mr.Rozer Kumar Aggarwal, Advocate,
Ms.Manisha Gandhi, Senior Advocate with
Mr.Ashwani Gaur, Advocate
Mr.G.C.Shahpuri, Advocate
Mr.Ranjit Saini, Advocate,
Mr.Sandeep Sharma, Advocate
Mr.P.R.Yadav, Advocate,
Mr.Nitin Jain, Advocate,
Mr.Gaurav Aggarwal, Advocate for the land owners.
Mr.Sudeep Mahajan, Addl. Advocate General, Haryana,
Ms.Safia Gupta, Assistant Advocate General, Haryana,
***
G.S.SANDHAWALIA, J.
The appeal is allowed, in view of the detailed judgment of even date passed in RFA No.2373 of 2010 'Madan Pal (III) Vs. State of Haryana and another'. The relevant part of the judgment reads as under:-
"140. Accordingly, the appeals filed by the HSIIDC seeking reduction in the compensation and of MSIL are dismissed and those of the land owners alongwith cross-objections are allowed.
(i) The market value of the land falling in five village i.e. Naharpur Kasan, Kasan, Bas Huria, Bas Khusla and Dhana is assessed @ Rs.41.40 lakhs per acre alongwith all statutory benefits.
1 of 2 ::: Downloaded on - 06-05-2018 16:00:00 ::: -2-
(ii) The market value of land in village Manesar is assessed @ Rs.62.10 lakhs per acre alongwith all statutory benefits.
(iii) The appellant-M/s Kohli Holdings Private Limited in RFA No.4646 of 2010 would be entitled for compensation Rs.62.10 lakhs per acre, on account of it being given benefit of 50% of locational advantage being situated on the highway and in village Manesar apart from that it would be entitled for 30% more compensation on account of severance charges on the abovesaid market value alongwith all statutory benefits.
(iv) The directions of the Apex Court in the case of Pran Sukh will also be adhered to while disbursing the balance amount of compensation.
(v) Where appeals have been filed by the land owners which were beyond period of limitation and applications have been filed for condoning the delay with a condition that the land owners will not be entitled for the interest during the said period, the Executing Court shall ensure that the amounts are calculated and disbursed, keeping in the view the said condition which has been passed in the case of each and individual land owner.
(vi) The appeals filed by the MSIL are dismissed on account of non-maintainability and in view of the observations of the Apex Court in the case of Satish Kumar Gupta (supra) being a post notification allottee."
(G.S.SANDHAWALIA)
March 09, 2018 JUDGE
raman
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
2 of 2
::: Downloaded on - 06-05-2018 16:00:02 :::