CIVIL APPEAL 9808 of 2003 on 7 September 1992

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH

RFA No. 3659 of 1998Decided on : 07-08-2008

Uday Ram Bhatt

....Appellant(s)VERSUS

State of Haryana

....Respondent (s)

CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR JAIN

Present:-Mr. Adarsh Jain, Advocate for the appellant.

Mr. H.S.Hooda, Advocate General, Haryana withMr. Rajiv Kawatra, Sr. DAG, Haryana.

RAKESH KUMAR JAIN, J

This order shall dispose of 14 cases i.e. 3201, 3659, 3999, 4000,4194, 4195, 4233, 4234, 4484, 4495, 4496, 4497, 4498 and 4499 of 1998.

Notification under Section 4 of the Land Acquisition Act, 1894 (forshort 'the Act') was issued on 7.9.1992 for acquisition of 486.61 acres of landsituated in village Mewla Maharajpur, District Faridabad for the public purposenamely i.e. for utilization of land as residential, commercial and institutional sector44 and 47, Faridabad within Faridabad Ballabgarh controlled area under HaryanaUrban Development Authority Act, 1977. The Collector vide his award dated8.2.95 assessed the compensation at the rate of Rs. 1,96,000/- per acre which wasfurther enhanced by the learned Additional District Judge, Faridabad to the tune ofRs.325/- per square yard. Mr. Adarsh Jain, Advocate has submitted that RFAsagainst the award of District Judge were filed by both the claimants and the Statewhereas the appeals filed by the claimants were dismissed and those of the Statewere allowed and compensation was reduced to Rs. 90/- per square yard.Thereafter, the matter went up to the Hon'ble Supreme Court by way of Civil RFA No. 3659 of 1998

Appeal No. 9808 of 2003 titled as 'Vinod Bansal versus State of Haryana andanother' vide which many civil appeals arising out of the order of this Court wereconsolidated and decided on 27.10.2004. Hon'ble Apex Court set aside the orderof this Court and remanded the matter back to the Reference Court for freshdecision.

Counsel for the parties are ad idem that the controversy in the presentappeals is fully covered by the decision of the Hon'ble Apex Court in Civil AppealNo. 9808 of 2003 titled as 'Vinod Bansal versus State of Haryana and another' .

In view of the above, orders passed in favour of the appellants is setaside and the matter is remanded back to the Reference Court to decide the same interms of the order passed in Civil Appeal No. 9808 of 2003 titled as 'Vinod Bansalversus State of Haryana and another' decided on 27.10.2004 by Hon'ble ApexCourt.

August 7, 2008rekha

(Rakesh Kumar Jain)Judge