[CASE NUMBER] -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] (O&M) in R.F.A No. 3799 of 2014 Date of decision : 7.9.2018 [ENTITY] Applicant vs [ENTITY] and others Respondents
Coarm: Hon'ble Mr. Justice [ENTITY] Present: Mr. [ENTITY], Advocate, for the applicant.
Mr. [ENTITY], Additional Advocate General Haryana. [ENTITY] J.
The prayer in the present review application is for modification of order dated 22.12.2015 passed by this Court while disposing of bunch of appeals vide common order passed in [CASE NUMBER] - Harijan Co- operative Society Limited vs [ENTITY] and another and awarding compensation to him in terms of order passed by Hon'ble the Supreme Court in [CASE NUMBER] - [PRECEDENT] and others vs [ENTITY] and another, on 27.10.2017, arising out of same acquisition. Along with the Review Application, the applicant has also filed application seeking condonation of delay of 946 days in filing thereof. Delay After hearing learned counsel for the parties and considering the judgments of Hon'ble the Supreme Court in [PRECEDENT] and 1 of 4 [PRECEDENT], delay of 946 days in filing the Review Application is condoned.
However, for the period of delay in filing the Review Application, the applicant shall not be entitled to interest on the enhanced compensation, if any.
CM stands disposed of.
Review Application Briefly, the facts of the case are that vide notification dated 23.8.2007, issued under [SECTION] of the [ACT] (for short, 'the Act'), the [ENTITY], sought to acquire land in villages Singhpura, Safidon, Rampura, [ENTITY] and [ENTITY], District Jind for development and utilitisation thereof as commercial and residential Sectors 7, 8 and 9, Safidon. The same was followed by notification dated 21.8.2008, issued under [SECTION] of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide award Nos. 3, 4 and 5 dated 19.8.2010, assessed the market value of the acquired land @ ` 33,00,000/- per acre upto the depth of two acres on Safidon-Jind road, Safidon Byepass road and [ENTITY] kind of land and @ ` 18,00,000/- per acre for [ENTITY] and [ENTITY] land. Dissatisfied with the award of the Collector, the landowners filed objections, which were referred to the learned reference court. The learned court below dismissed the reference petitions vide award dated 17.12.2013, which was impugned by the landowners before this court. This Court disposed of bunch of appeals vide common order passed in [PRECEDENT]'s case (supra) and upheld the award of the Collector assessing compensation @ ` 33,00,000/- per acre for the land upto the depth of two acres on Safidon-Jind Road, Safidon Bye-pass road and 2 of 4 [ENTITY] kind of land and assessed the market value of the acquired land @ ` 24,75,000/- per acre for the land beyond that.
Thereafter, some of the landowners approached Hon'ble the Supreme Court challenging the order dated 22.12.2015 passed by this Court in [PRECEDENT]'s case (supra). In [PRECEDENT]'s case (supra), Hon'ble the Supreme Court enhanced the compensation for the land acquired vide same notification.
After that the applicant filed Special Leave Petition (Civil) challenging the order dated 22.12.2015 passed in [PRECEDENT]'s case (supra), which was got dismissed as withdrawn to enable the applicant to approach this Court to claim same relief, as prior to that vide earlier judgment in [PRECEDENT]'s case (supra), compensation had been increased by Hon'ble the Supreme Court.
Learned counsel for the applicant submitted that the applicant got the Special Leave Petition dismissed as withdrawn to enable him to approach this Court for the same relief as granted to the landowners by Hon'ble the Supreme Court in [PRECEDENT]'s case (supra). He further submitted that delay occurred in filing the Review Application cannot be said to be intentional, as he was before Hon'ble the Supreme Court. The submission is that the applicant be granted same amount of compensation as has been granted to the landowners by Hon'ble the Supreme Court in [PRECEDENT]'s case (supra).
On the other hand learned counsel for the State could not dispute the contention raised by learned counsel for the applicant with regard to enhancement of compensation for the acquired land by Hon'ble the Supreme Court. However, he submitted that no liberty was granted by 3 of 4 Hon'ble the Supreme Court while permitting the applicant to withdraw Special Leave Petition.
After hearing learned counsel for the parties and considering the aforesaid facts, in my opinion, the order passed by this Court on 22.12.2015 in the case of the applicant deserves to be modified to the extent that the applicant shall be entitled to compensation in terms of judgment of Hon'ble the Supreme Court in [PRECEDENT]'s case (supra). Special Leave Petition challenging the order passed in favour of the applicant was got dismissed as withdrawn. Withdrawal of SLP will not debar the applicant from claiming same amount of compensation as has been granted by Hon'ble the Supreme Court to other landowners from same acquisition. However, the applicant shall not be entitled to interest for the period of delay in filing the Review application.
Ordered accordingly.
The review application stands disposed of.
7.9.2018 ([ENTITY]) vs Judge Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 4 of 4