Supreme Court - Daily Orders
The State Of Haryana Secretary vs Diljit Singh on 11 September, 2018
Bench: Arun Mishra, Vineet Saran
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.9226-9331 OF 2018
(Arising out of S.L.P.(C) Nos.8831-8936/2018)
THE STATE OF HARYANA & ORS. Appellant(s)
Versus
DILJIT SINGH & ORS. Respondent(s)
O R D E R
Leave granted.
Heard the learned counsel for the parties. After hearing the matter at some length, we are of the opinion that the High Court has not considered the entire material on record including comparable sale exemplar evidence adduced by the claimants. Mr.P.S.Patwalia, learned senior counsel has relied upon the decisions of this Court in Manoj Kumar Vs. State of Haryana and Ors. in Civil Appeal Nos. 13132-13141 of 2017; Loveleen Kumar Ors. vs. State of Haryana & Ors. (2018) 7 SCC 492; whereas Shri Shyam Divan, learned senior counsel appearing on Signature Not Verified Digitally signed by BALA PARVATHI behalf of the respondents has referred to the Date: 2018.09.13 17:47:42 IST Reason: decisions in Ashok Kumar Vs. State of Haryana (2015) 15 SCC 200; Haridwar Development Authority Vs 2 Raghubir Singh & Ors. (2010) 11 SCC 581 and Special Land Acquisition Officer, Kalinadai (Hydro-Electric) Project Vs. Vasant Gundu Bale (1995) Supp (4) SCC
649. As the respondents have prayed for enhancement, let the question of enhancement be examined afresh by the High Court. It is made clear that we have not commented on the merits of the case at all. Let just compensation be worked out by the High Court. The appeals are remitted to the High Court for hearing the matters afresh.
This Court has passed an interim order on 2.4.2018 in SLP(C)No……….Dy.2215/2018 (State of Haryana Secretary & Ors. Vs. Diljit Singh & Ors.) and that the compensation @ Rs.2000/- per square metre be deposited within a period of four weeks from today with the reference Court. In case the amount has been disbursed to the land owners, it shall not be recovered during the pendency of the appeal before the High Court.
Apart from that, as State has not questioned the disbursement made by the Reference Court @ Rs.1560/-, along with other statutory benefits, out of the said amount that has been deposited, the land owners to whom the amount has not been paid shall be paid the amount, as ordered by the Reference Court. Remaining amount may be kept in fixed deposit, which 3 may be disbursed after the decision of case by the High Court. Let the High Court make an endeavor to decide the matter within a period of two months from the date of appearance of the parties.
The appeals are, accordingly, allowed. Pending applications, if any, stand disposed of.
........................J. (ARUN MISHRA) ........................J. (VINEET SARAN) New Delhi, September 11, 2018 4 ITEM NO.17 COURT NO.8 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)No(s).8831-8936/2018 (Arising out of impugned final judgment and order dated 02-03-2017 in RFA Nos. 7254/2015, 7000/2015, 6232/2015, 386/2016, 385/2016, 384/2016, 383/2016, 382/2016, 381/2016, 380/2016, 379/2016, 358/2016 357/2016, 350/2016, 349/2016, 348/2016, 347/2016,346/2016, 345/2016 344/2016, 343/2016, 342/2016, 341/2016, 340/2016,339/2016, 338/2016 337/2016, 336/2016, 335/2016, 334/2016, 333/2016,331/2016, 330/2016 329/2016, 328/2016, 327/2016, 326/2016, 316/2016,315/2016, 314/2016 268/2016, 118/2016, 117/2016, ,116/2016, 115/2016, 114/2016 113/2016 112/2016, 111/2016, 110/2016, 109/2016, 108/2016, 42/2016 7449/2015 7430/2015, 7428/2015, 7389/2015, 7388/2015, 7387/2015 7386/2015 7385/2015, 7384/2015, 7383/2015, 7382/2015, 7381/2015 7380/2015 7379/2015, 7378/2015, 7377/2015, 7367/2015, 7340/2015 7258/2015 7257/2015, 7256/2015, 7255/2015, 7253/2015, 7252/2015 7251/2015 7250/2015, 7249/2015, 7248/2015, 7247/2015, 7246/2015 7245/2015 7244/2015, 7243/2015, 7068/2015, 7003/2015, 7002/2015 7001/2015 6999/2015, 6482/2015, 6481/2015, 6480/2015, 6479/2015 6478/2015 6477/2015, 6476/2015, 6475/2015, 6470/2015, 6442/2015 6237/2015 6236/2015, 6235/2015, 6234/2015, 6233/2015 passed by the High Court Of Punjab & Haryana At Chandigarh) THE STATE OF HARYANA SECRETARY & ANR. Petitioner(s) VERSUS DILJIT SINGH & ORS. Respondent(s) Date : 11-09-2018 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. P.S.Patwalia,Sr.Adv.
Mr. Arun Kumar,AAG Mr. Abhinash Jain,Adv. Mr. Ajay Awsati,Adv.
Dr. Monika Gusain, AOR Mr. Anis Ahmed Khan, AOR For Respondent(s) Mr. Dhruv Mehta,Adv.
Mr. Siddharth Mittal,Adv. Mr. Nayan Nepal,Adv.
Mr. Amit Kumar Singh, AOR Mr. Siddharth Mittal, AOR 5 Dr. (Mrs.) Vipin Gupta, AOR Mr. Shyam Divan,Sr.Adv. Mr. Amit Kumar Singh,Adv. Ms. K.Enatoli Sema,Adv. Mr. Apratim Animesh Thakur,Adv.
Mr. Yadav Narender Singh, AOR Mr. Ashutosh Yadav,Adv. Mr. Abhisek Singh,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order.
(B.PARVATHI) (JAGDISH CHANDER) COURT MASTER BRANCH OFFICER
(Signed order is placed on the file)