Rohtas And Anr vs State Of Haryana And Ors on 25 May, 2018

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Punjab-Haryana High Court

Rohtas And Anr vs State Of Haryana And Ors on 25 May, 2018

Bench: G.S.Sandhawalia

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                                         RFA No.3830 of 2013 (O&M)
                                         Date of Decision:25.05.2018.

Rohtas and another.

                                                           .... 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. Shakti Kaushik, Advocate for
         Mr. Vinod S. Bhardwaj, Advocate,
         Mr. Pradeep Chhoker, Advocate for
         Mr. P.R. Yadav, Advocate,
         Mr. Virendra Rana, Advocate,
         Mr. Sudhir Aggarwal, Advocate,
         Mr. Sushil K. Sharma, Advocate for
         Mr. M.L. Sharma, Advocate,
         Mr. Amit Rohilla, Advocate for
         Mr. Saurabh Arora, Advocate
         Mr.Prikshit Yadav, Advocate for
         Mr.Jaivir Yadav, Advocate,
         Mr.Satish Singla, Advocate for
         Mr.Vishal Garg, Advocate,
         Mr.Abhimanyu Kalsi, Advocate for
         Mr.Rakesh Dhiman, Advocate and
         Mr.Sanjay Vij, Advocate
         for the land owners.

            Mr.Sudeep Mahajan, Addl. Advocate General, Haryana,
            for State as well as for HSIIDC

            Ms.Safia Gupta, Assistant Advocate General, Haryana.

            Mr. Pritam Singh Saini, Advocate for the HSIIDC.
                        ****

G.S.SANDHAWALIA, J.

The appeal is dismissed, in view of the detailed judgment of even date passed in RFA No.3381 of 2013 'HSIDC Now HSIIDC Vs. 1 of 2 ::: Downloaded on - 09-07-2018 12:11:23 ::: -2- Roshan Lal and others'. The relevant part of the judgment reads as under:-

"79. Resultantly, the appeals of the HSIIDC are allowed, whereas the appeals of the landowners for further enhancement and cross-objections for enhancement which are filed are dismissed and the awards passed by the Reference Courts are, accordingly, modified.

(i) The market value of the land falling in two villages, namely, Naurangpur and Lakhnoula is assessed @ Rs.48,46,000/- per acre alongwith all statutory benefits, on 17.09.2004.

(ii) For the land falling in villages Nawada Fatehpur, Naharpur Kasan and Shikhopur, the market value is fixed @ Rs.43,61,400/- per acre alongwith all statutory benefits, on 17.09.2004.

(iii) The directions of the Apex Court in the case of Pran Sukh (supra) will also be adhered to while disbursing the balance amount of compensation.

(iv) 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 individual land owner.




                                                 (G.S.SANDHAWALIA)
May 25, 2018                                             JUDGE
raman

           Whether speaking/reasoned                   Yes/No
           Whether reportable                          Yes/No




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