Punjab and Haryana High Court
None 2065 of 2005 on 26 April 2006
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Conclusion
C.M. No. 8392-CI of 2008 in
RFA No. 2065 of 2005
Man Bai and others vs. The State of Haryana and others Present : Mr. S.K. Yadav, Advocate for the appellants Mr. Navneet Singh, AAG Haryana This is an application for disposing of the appeal beingcovered by decision of this Court in R.F.A. No. 2263 of 2004 titled asMahipal and others vs. The State of Haryana and others.
It is agreed by learned counsel for the parties that the presentR.F.A. is covered by judgment dated 26.4.2006 passed in R.F.A. No. 2263of 2004.
Accordingly, it is disposed off in the same terms as RFA No.2263 of 2004. The matter is remanded back to the Reference Court for re-determination of the market value of the acquired land on the basis of theevidence led by the parties.
In view of the above stand of learned counsel for the parities,the parties through their learned counsel are directed to appear beforeDistrict Judge, Gurgaon on 15.10.2009.
The learned District Judge, Gurgaon shall either keep theaforesaid references with himself or shall allocate the same to the court ofcompetent jurisdiction for adjudication.
Since the acquisition in question had taken place in the year1997, the reference Court shall make an effort to decide the references, asexpeditiously as possibly, preferably within a period of six months from thedate of appearance of the parties.
Before parting with this judgment, it is clarified that if theclaimants have received the compensation in terms of the award of theReference Court, then they would not be required to refund the sameduring the pendency of the final determination by the Reference Court.
The question of refund/further payment would abide by the final decision ofthe Reference Court.
Disposed off in the above terms.
04.08.2009reena
(Nirmaljit Kaur) Judge