IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RFA No. 2870 of 2009 (O&M) and Cross Objections No. 91.CI of 2009 (O&M) Date of decision : December 02, 2009 Bhupinder Kaur and others Appellants versus State of Punjab and another Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Deepak Sharma, Advocate for the appellants Mr. HS Gill, DAG Punjab for respondent Nos. 1 and 2 Mr. HPS Ghuman, Advocate for applicant-GMADA L.N. Mittal, J. (Oral)
CM No. 5579.CI of 2009 in RFA No. 2870 of 2008 This is application by Greater Mohali Area Development Authority (GMADA) under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure for impleading applicant as respondent no. 3 to the appeal because the land was acquired for Punjab Urban Development Authority of which the applicant is successor-in-interest. The application is not opposed and is accordingly allowed. Applicant GMADA is permitted to be impleaded as respondent no. 3 to the appeal. Necessary correction in the memo of parties be made by the office.
CM No. 7495.CI of 2009 in RFA No. 2870 of 2008 Dismissed as not pressed.
RFA No. 2870 of 2009 (O&M) and CM No. 9074.CI of 2009 in Cross. Obj. No. 91.CI of 2009 Allowed as prayed for.
CM No. 9075.CI of 2009 in Cross. Obj. No. 91.CI of 2009 Allowed as prayed for.
CM No. 9076.CI of 2009 in Cross. Obj. No. 91.CI of 2009 For reasons mentioned in the application which is accompanied by affidavit, delay of 91 days in filing the Cross Objections is condoned. RFA No. 2870 of 2008 & Cross. Obj. No. 91.CI of 2009 Learned counsel for the parties concede that the instant appeal and cross objections are covered by judgment of this Court dated 2.3.2009 in RFA No. 3004 of 2006, titled "Surjit Singh versus State of Punjab and another", thereby enhancing the market value of the acquired land to Rs 19,85,700/- per acre. Learned counsel for respondent no. 3, however, contends that the said order dated 2.3.2009 has been challenged by respondent no. 3 in Hon'ble the Supreme Court.
In view of the aforesaid, the instant RFA is disposed of in terms of order dated 2.3.2009 in the case of Surjit Singh (supra) and accordingly, the appellants are awarded compensation for their acquired land at the rate of Rs 19,85,700/- per acre along with all statutory benefits. Compensation for tubewell, water tank and well is also awarded in terms of order dated 2.3.2009 in the case of Surjit Singh (supra).
RFA No. 2870 of 2009 (O&M) and Cross Objections No. 91.CI of 2009 filed by respondent no. 3 are accordingly dismissed.
( L.N. Mittal ) December 02, 2009 Judge 'dalbir'