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Punjab-Haryana High Court

Date Of Decision: 15.01.2013 vs Tarsem Kumar Son Of Mani Ram on 15 January, 2013

Author: K. Kannan

Bench: K. Kannan

RFA No.2917 of 1999(O&M)                                   [1]


     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

1.                              RFA No.2917 of 1999(O&M)
                                Date of Decision: 15.01.2013

M/s Nahar Industrial Infrastructure Corporation Ltd., Focal
Point, Ludhiana, through Sh. J.P. Kaushal, General Manager of
Liaison of Nahar Group of Companies.
                                                  ... Appellant
                            Versus
Tarsem Kumar son of Mani Ram, r/o village Jalalpur, Tehsil
Rajpur, District Patiala and others.
                                          ... Respondents

2.                              X Obj. No.14-CI of 2012 in
                                RFA No.2898 of 2003

State of Punjab, through Collector and another.
                                                    ... Appellants
                            Versus
Krishana d/o Amar Singh and others.
                                                  ... Respondents

CORAM: HON'BLE MR. JUSTICE K. KANNAN

Present:None.
                              *****
        1.Whether reporters of local papers may be allowed to
          see the judgment? NO
        2.To be referred to the reporters or not? NO
        3.Whether the judgment should be reported in the
          digest? NO

K. KANNAN, J. (Oral)

1. The registry has placed the case after the disposal of the appeal filed at the instance of the M/s Nahar Industrial Infrastructure Corporation Ltd. on 06.11.2012 to state that the appeal could not be treated as allowed since the appeal had been filed by the beneficiary seeking for further reduction in RFA No.2917 of 1999(O&M) [2] compensation. The compensation assessed by the reference Court was `1,50,000/- per acre. M/s Nahar Industrial Infrastructure Corporation Ltd. preferred an appeal urging that the compensation would require to be still further reduced. The Supreme Court has already dismissed the appeal filed by the M/s Nahar Industrial Infrastructure Corporation Ltd. in SLP No.1578 of 2007. The appeal filed by the appellant would require to be dismissed and the cross-objection filed by the claimant seeking for enhancement would require to be allowed to the extent of `3,57,200/- per acre in terms of the judgment of the Supreme Court in SLP No.1578 of 2007. The observation made already that RFA No.2898 of 2003 filed by the State is dismissed shall remain stand. The order already passed by this Court shall stand modified in the light of the observations made now.

15th January, 2013                      ( K. KANNAN )
Rajan                                        JUDGE