Himachal Pradesh High Court
Sh. Kanwar Sunder Singh vs State Of H.P. & Others on 9 August, 2018
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA .
RFA No. 32 of 2001 Date of Decision: 9.8.2018 ______________________________________________________ Sh. Kanwar Sunder Singh ..... Appellant.
Versus State of H.P. & Others. ....Respondents.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1 For the appellants: Mr. Mahesh Sharma, Advocate.
For the Respondents: Mr. Hemant Vaid, Additional Advocate General with Mnr.
Yudhveer Singh Thakur, Deputy Advocate General.
______________________________________________________ Sureshwar Thakur, J (oral) The instant appeal is directed against the award of 31.5.2000, rendered by the learned Additional District Judge, Shimla, H.P. upon reference petition No. 20S/4 of 1994. During the pendency of the instant appeal 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 14/08/2018 22:58:45 :::HCHP
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before this Court, the appellant has sworn an affidavit .
with a disclosure therein that the apt sale exemplar satiating the apt parameters (a) of its execution being in close proximity to the issuance of, the, apt notification (b) of the apt land embodied in the sale exemplar being located, in close proximity to the acquired lands, (c) thereupon the learned counsel for the appellant contended that he may be granted leave to adduce them, as additional evidence, as they are just and essential, for hence enabling the learned Reference Court, to determine just and fair compensation qua the acquired lands.
2. Accepting the aforestated disclosures made in the affidavit, this Court is constrained to conclude, that the according of the apt leave, with respect to adduction of the aforesaid piece of evidence, being imperative, for thereupon hence enabling the learned Reference Court, to determine just and fair compensation qua the acquired ::: Downloaded on - 14/08/2018 22:58:45 :::HCHP ...3...
lands. However for facilitating the aforesaid enablements, .
the matter is remanded to the learned Reference Court, wherebefore, the appellant is directed to place on record, the apt sale exemplar, and the learned counsel for the respondent shall also be permitted to crossexamine the witnesses concerned, whereafter the learned Reference Court, is directed to record a decision, within two months, upon the land reference petition.
3. In aftermath the impugned award is quashed and set aside and the matter is remanded to the learned Reference Court. The parties are directed to appear before the learned reference Court, on 31.8.2018.
Pending applications also stand disposed of accordingly.
th
9 August, 2018 ( Sureshwar Thakur ),
(priti) Judge.
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