Punjab-Haryana High Court
Hsidc ( Now Hsiidc ) vs Samey Singh (Since Deceased) Through ... on 9 March, 2018
Author: G.S.Sandhawalia
Bench: G.S.Sandhawalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
XOBJR No.28-CI-2015 in /and
RFA No.3774 of 2011 (O&M)
Date of Decision: 09.03.2018
Haryana State Industrial & Infrastructure Development Corporation Ltd.
.... Appellant(s).
Versus
Samay Singh (deceased) through LRs and others.
....Respondent(s).
CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA.
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Present: Mr.A.K.Chopra, Senior Advocate with
Mr.G.S.Bhandol, Advocate and
Mr.Pritam Singh Saini, Advocate for Haryana State
Industrial and Infrastructure Development Corporation Ltd.
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 landowners/Cross objectors.
Mr.Sudeep Mahajan, Addl. Advocate General, Haryana,
for State as well as for Haryana State Industrial and
Infrastructure Development Corporation Ltd.
Ms.Safia Gupta, Assistant Advocate General, Haryana,
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G.S.SANDHAWALIA, J. (Oral)
CM No.8427-CI-2011 Application under Order 1 Rule 10 of Code of Civil Procedure has been filed on behalf of the applicant/appellant with a 1 of 3 ::: Downloaded on - 07-05-2018 03:00:21 ::: -2- prayer that the applicant be permitted to file and persue the present appeal on the ground that the land has been acquired for the benefit of the applicant-Corporation and entire burden of compensation is to be born by the applicant Corporation.
Learned counsel for the non applicants / respondents have raised no objection to the prayer in the application, if granted.
Accordingly, the application duly supported by affidavit is allowed subject to all just exceptions. The applicant /appellant is permitted to file and peruse the present appeal.
CM stands disposed of.
Main case The appeal is dismissed, however the cross-objections filed by the land owners are 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.
(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
2 of 3 ::: Downloaded on - 07-05-2018 03:00:22 ::: -3- 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
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