Punjab-Haryana High Court
Mehna Ram vs Union Of India And Others on 11 September, 2018
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RA-RF-266-CI-2017(O&M) in
RFA-193-2013
Mahna Ram
... Appellant
Versus
Union of India and others
... Respondents
(2)
RA-RF-213-CI-2017(O&M) in
RFA-236-2013
Ravinder Kaur and others
... Appellants
Versus
Union of India and others
... Respondents
Date of Decision: 11.09.2018
CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA
Present: Mr. Vivek Singla, Advocate
for the review applicant/respondents-Union of India.
*****
G.S. SANDHAWALIA, J. (ORAL)
Applications for making good the deficiency in Court fees Application under Section 149 CPC for making good the deficiency in Court fee have been filed and the same are allowed as deficiency in Court fee has been made good.
CMs stand disposed of.
Applications for condonation of delay Applications under Section 5 of the Limitation Act for 1 of 3 ::: Downloaded on - 07-10-2018 23:19:44 ::: RA-RF-266-CI-2017 in RFA-193-2013 & RA-RF-213-CI-2017 in RFA-236-2013. -2- condonation of delay of 434 days in filing the review applications have been filed.
In view of the averments made, duly supported by affidavit, the same are allowed. The delay of 434 days in filing the review applications is condoned.
CMs stand disposed of.
Review applications The present order shall dispose of 2 review applications i.e. RA-RF-266-CI-2017 in RFA-193-2013 and RA-RF-213-CI-2017 in RFA-236-2013. The facts have been taken from RA-RF-266-CI-2017 as common questions of law and fact are involved.
A batch of 51 Regular First Appeals was decided by the Coordinate Court vide order dated 23.02.2016 in RFA No.187 of 2013 titled as Vallu Singh Vs. Union of India and others which is now sought to be reviewed wherein the market value was assessed @ Rs.17,66,253/- per acre along with all statutory benefits. The said order was sought to be reviewed, firstly at the instance of the landowners, which was dismissed on 17.08.2016 in RA-RF-271-CI-2016 in RFA- 195-2013 titled as Sahib Ditta Vs. Union of India and others. The Union of India had preferred SLPs at that stage before the Apex Court, which were dismissed on 24.03.2017 (Annexure RA-1) with liberty to file review applications before this Court. It is not disputed that in fact in the main case itself i.e. RFA No.187 of 2013 titled as Vallu Singh Vs. 2 of 3 ::: Downloaded on - 07-10-2018 23:19:44 ::: RA-RF-266-CI-2017 in RFA-193-2013 & RA-RF-213-CI-2017 in RFA-236-2013. -3- Union of India and others, the review application already stands dismissed on 09.10.2017.
Resultantly, counsel for the Union of India is not in a position to argue anything over and above the said aspect. Accordingly, for the reasons given in review application in Vallu Singh's case (supra) on 09.10.2017, the present two review applications are also dismissed.
(G.S. SANDHAWALIA)
SEPTEMBER 11, 2018 JUDGE
Naveen
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
3 of 3
::: Downloaded on - 07-10-2018 23:19:44 :::