Punjab-Haryana High Court
Indian Oil Corporation Limited vs Om Parkash And Others on 26 July, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 2886 of 2002 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision: 26.7.2010
RFA No.2886 of 2002 (O&M)
Indian Oil Corporation Limited
.....Appellant
Versus
Om Parkash and others
.....Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Ashish Kapoor, Advocate for Indian Oil Corporation for the appellant.
S/Shri Namit Sharma, Shri Harkesh Manuja, Shri J.S. Maanipur, Shri V.K. Jain, Sr. Advocate with Mr. J.K. Bhatti, Advocates for the landowners.
Mr. Ashish Gupta, AAG Haryana.
RAJESH BINDAL J This order will dispose of appeals bearing No. 2886 to 2892, 2894, 2896, 2898 to 2906, 3121, 3122, 3573, 3620 to 3622, 3806 to 3812 of 2002, 1512, 1513, 1515, 1516, 1518, 1519, 1943, 2505, 2555, 2641 to 2645, 2677, 3644, 3837, 3894 to 3901, 3952 of 2003, 2732 to 2736, 2830 of 2005, and cross-objections bearing No. 72-CI of 2005, 102-CI, 24-CI, 7-CI, 10-CI, 103-CI, 8-CI, 106-CI of 2005, 72-CI, 70-CI, 71-CI, 69-CI, 73-CI of 2006, as the same arise out of a common acquisition.
The facts have been noticed from RFA No. 2886 of 2002. Briefly, the facts are that vide notification dated 12.12.1994 under Section 4 of the Land Acquisition Act, 1894 ( for short, 'the Act') and vide notification dated 13.6.1996 issued under Section 6 of the Act, State Govt. acquired land of the appellants for public purpose, namely for construction of broad gauge railway siding for Indian Oil Coproration Ltd. for Indian Oil Refinery in the area of village Sithana. The Land Acquisition Collector ( for short, 'the Collector') vide its award dated 5.1.1996 assessed compensation in respect of the acquired land @ ` 1,75,000/- per acre. The learned Additional District Judge, on reference under Section 18 of the Act awarded compensation @ ` 97.94 RFA No. 2886 of 2002 2 paise per square yard.
Learned counsel for the parties submitted that the Court below while assessing the compensation for the acquired land had relied upon its earlier award Ex.P19 and the appeals arising out of that award were decided by this Court vide detailed judgment in RFA No. 3719 of 1999 Hukam Chand Vs. State of Haryana and others, decided on November 5, 2008 and the matters were remanded back to the learned Court below. As the issue regarding determination of compensation in the award relied upon by the learned Court below is being re-considered, it would be appropriate if the present matter are also remitted back for fresh consideration in the same terms.
Learned counsel for the respondents also did not have any serious objections to this course being adopted.
Accordingly, for the reasons stated in Hukam Chand's case (supra), the impugned award passed by the learned Court below is set aside and the matter is remitted back for consideration in terms of aforesaid judgment. Parties are directed to appear before Additional District Judge-I, Panipat on August 16, 2010, who will entrust the aforesaid cases to the Court which is already dealing with the cases remanded back by this Court.
The appeals and cross-objections are disposed of.
(RAJESH BINDAL) 26.7.2010 JUDGE Reema