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State Of Haryana And Ors. Etc. Etc. vs Tek Chand Etc. Etc. on 22 February, 2016

Bench: Ranjan Gogoi, Prafulla C. Pant

                                                      1

     ITEM NO.7                             COURT NO.7                  SECTION IVB

                               S U P R E M E C O U R T O F          I N D I A
                                       RECORD OF PROCEEDINGS

     I.A. 12-31 & 32-51 in
     Petition(s) for Special Leave to Appeal(C) No(s).34673-34692/2015

     (Arising out of impugned final judgments and orders dated
     19/03/2015 and 24/08/2015 in RFA No. 796/2015 to 805/2015 and C.M.
     No.8372-C1 of 2015 in RFA No.796/2015 to 805/2015 passed by the
     High Court of Punjab & Haryana at Chandigarh)

     (I.A. Nos. 52-71- Appln.(s) for stay)

     STATE OF HARYANA AND ORS. ETC. ETC.                                 Petitioner(s)

                                                     VERSUS

     TEK CHAND ETC. ETC.                                                 Respondent(s)

     (With appln(s) for stay and permission to file additional documents
     and office report)

     Date : 22/02/2016               These applications/matters were
                                     called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE RANJAN GOGOI
                         HON'BLE MR. JUSTICE PRAFULLA C. PANT

     For Petitioner(s)               Mr. P.S. Patwalia, Sr.Adv.
                                     Dr. Monika Gusain,Adv.

     For Respondent(s)               Mr.   S.R. Singh, Sr. Adv.
                                     Mr.   Pavan Malik, Adv.
                                     Mr.   Vibhuti Sushant Gupta, Adv.
                                     Dr.   Kailash Chand,Adv.

                          UPON hearing the counsel the Court made the following
                                             O R D E R

The High Court by the impugned order has stayed payment of 50% of the enhanced compensation Signature Not Verified Digitally signed by NEETU KHAJURIA amount, meaning thereby the claimants were at Date: 2016.02.24 16:41:38 IST Reason: liberty to receive remaining 50% of the enhanced amount.

While the claimants/land owners have prayed for payment of the 50% of the compensation amount withheld under the order of the High Court, the State has filed applications for stay of the High Court order.

On due consideration, we are not inclined to interfere with the order passed by the High Court. However, we make it clear that the payment of 50% of the compensation to the claimants/land owners will be subject o an appropriate undertaking by them to return the amount in the event of an adverse decision passed by the High Court.

With the aforesaid observations and directions, the special leave petitions are disposed of.

As a sequel to the above, all pending interlocutory applications are also disposed of.

 (Neetu Khajuria)                                      (Asha Soni)
      Sr.P.A.                                          Court Master