Present: Mr. Vivek Suri Advocate Vs. State of Haryana and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1159012
CourtPunjab and Haryana High Court
Decided OnJul-07-2014
AppellantPresent: Mr. Vivek Suri Advocate
RespondentState of Haryana and ors.
Excerpt:
in the high court of punjab and haryana at chandigarh civil writ petition no.7196 of 2013 (o&m) 205 date of decision : 07.07.2014 gurlal singh and ors.....petitioner versus state of haryana and ors....respondents coram:- hon'ble mr.justice surya kant hon'ble mrs.justice lisa gill present: mr.vivek suri, advocate for the petitioners.ms.palika monga, dag, haryana **** surya kant, j. the petitioners.land measuring 7 kanal 4 marlas situated in the village shergarh, tehsil dabwali, district sirs.was acquired vide award dated 02.06.2003. the petitioners did not file any reference under section 18 of the land acquisition act (for short 'the act') but other affected land owners did file the same, which was accepted by the learned additional district judge, sirs.vide order dated 14.06.2008 and the compensation amount was enhanced. the petitioners thereafter moved application under section 28-a of the act to grant the same amount of compensation. meanwhile, the state of haryana preferred rfas, which were admitted with a conditional interim order. the petitioners.counsel made a statement in the application under section 28-a of the act that the same may be ritu sharma201408.01 14:47 i attest to the accuracy and integrity of this document chandigarh civil writ petition no.7196 of 2013 (o&m) -2- adjourned to await the decision of the rfa. subsequently, they realized that their application deserves to be decided on merit and moved an application for restoration but the same has been dismissed by the land acquisition officer, dabwali vide impugned order dated 25.01.2013 (annexure p-7).the aggrieved petitioners have approached this court. we have heard learned counsel for the parties and gone through the record. in our considered view, there is no legal impediment against the decision on the application under section 28-a of the act only because there is a conditional interim stay passed by this court in the pending rfa. suffice it to observe that if the petitioners.application is allowed and they are held entitled to compensation at par with their co-owners.the actual disbursement of compensation to them can be on the same terms and conditions as have been imposed by this court in rfa vide order dated 30.04.2009. for the reasons aforestated, this writ petition is allowed and order dated 25.01.2013 (annexure p-7) or similar orders are set aside and the land acquisition officer, dabwali is directed to decide the petitioners.application under section 28-a of the act in accordance with law, within a period of three months from the date of receipt of certified copy of this order. ritu sharma201408.01 14:47 i attest to the accuracy and integrity of this document chandigarh civil writ petition no.7196 of 2013 (o&m) -3- having regard to the facts and circumstances, the registry is directed to list rfa no.5158 of 2008 and other connected appeals for final hearing as per roster, if already not listed, on 04.08.2014. if the appeals are already listed, we request the learned single judge to take up the same out of turn being a bunch matter, on the request to be made by land owner(s).(surya kant) judge (lisa gill) judge july 07, 2014 rts ritu sharma201408.01 14:47 i attest to the accuracy and integrity of this document chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.7196 of 2013 (O&M) 205 Date of decision : 07.07.2014 Gurlal Singh and ors.....Petitioner Versus State of Haryana and ors....Respondents CORAM:- HON'BLE Mr.JUSTICE SURYA KANT HON'BLE MRS.JUSTICE LISA GILL Present: Mr.Vivek Suri, Advocate for the petitioneRs.Ms.Palika Monga, DAG, Haryana **** SURYA KANT, J.

The petitioneRs.land measuring 7 kanal 4 marlas situated in the village Shergarh, Tehsil Dabwali, District SiRs.was acquired vide award dated 02.06.2003.

The petitioners did not file any reference under Section 18 of the Land Acquisition Act (for short 'the Act') but other affected land owners did file the same, which was accepted by the learned Additional District Judge, SiRs.vide order dated 14.06.2008 and the compensation amount was enhanced.

The petitioners thereafter moved application under Section 28-A of the Act to grant the same amount of compensation.

Meanwhile, the State of Haryana preferred RFAs, which were admitted with a conditional interim order.

The petitioneRs.counsel made a statement in the application under Section 28-A of the Act that the same may be RITU SHARMA201408.01 14:47 I attest to the accuracy and integrity of this document Chandigarh Civil Writ Petition No.7196 of 2013 (O&M) -2- adjourned to await the decision of the RFA.

Subsequently, they realized that their application deserves to be decided on merit and moved an application for restoration but the same has been dismissed by the Land Acquisition Officer, Dabwali vide impugned order dated 25.01.2013 (Annexure P-7).The aggrieved petitioners have approached this Court.

We have heard learned counsel for the parties and gone through the record.

In our considered view, there is no legal impediment against the decision on the application under Section 28-A of the Act only because there is a conditional interim stay passed by this Court in the pending RFA.

Suffice it to observe that if the petitioneRs.application is allowed and they are held entitled to compensation at par with their co-owneRs.the actual disbursement of compensation to them can be on the same terms and conditions as have been imposed by this Court in RFA vide order dated 30.04.2009.

For the reasons aforestated, this writ petition is allowed and order dated 25.01.2013 (Annexure P-7) or similar orders are set aside and the Land Acquisition Officer, Dabwali is directed to decide the petitioneRs.application under Section 28-A of the Act in accordance with law, within a period of three months from the date of receipt of certified copy of this order.

RITU SHARMA201408.01 14:47 I attest to the accuracy and integrity of this document Chandigarh Civil Writ Petition No.7196 of 2013 (O&M) -3- Having regard to the facts and circumstances, the Registry is directed to list RFA No.5158 of 2008 and other connected appeals for final hearing as per roster, if already not listed, on 04.08.2014.

If the appeals are already listed, we request the learned Single Judge to take up the same out of turn being a bunch matter, on the request to be made by land owner(s).(SURYA KANT) JUDGE (LISA GILL) JUDGE July 07, 2014 rts RITU SHARMA201408.01 14:47 I attest to the accuracy and integrity of this document Chandigarh