Hsidc (Now Hsiidc) vs Nand Kishore & Ors on 25 May, 2018

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Punjab-Haryana High Court

Hsidc (Now Hsiidc) vs Nand Kishore & Ors on 25 May, 2018

Bench: G.S.Sandhawalia

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                              Cross Objection No.90-CI of 2014 in/and
                                        RFA No.5194 of 2014 (O&M)
                                        Date of Decision:25.05.2018.

Haryana State Industrial Development Corporation Ltd., now Haryana
State Industrial & Infrastructure Development Corporation Ltd.

                                                          .... Appellant(s).
                 Versus

Nand Kishore and others.
                                                          ....Respondent(s).

CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA.
                     ****
Present: Mr. Pritam Singh Saini, Advocate for the HSIIDC.

           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/ cross objectors.

         Mr.Sudeep Mahajan, Addl. Advocate General, Haryana,
         for State as well as for HSIIDC
         Ms.Safia Gupta, Assistant Advocate General, Haryana.
                      ****
G.S.SANDHAWALIA, J.

The appeal of HSIIDC is allowed and cross objections filed by land owners are 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 14:51:23 ::: -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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