CM No.5498-CII of 2010 and -1- FAO No.1030 of 2007 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.5498-CII of 2010 and FAO No.1030 of 2007 Date of Decision: 28.5.2010 Nirbhai Singh and another ..Appellants. Vs. Union of India and another ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.S.S.Chopra, Advocate for the appellants. Mr.Rajiv Sharma, Advocate for the respondents. RAKESH KUMAR JAIN, J.(ORAL) This application has been filed by the appellant to dispose of the present appeal in terms of the order passed in FAO No.269 of 1995 titled as Dr.Jagdish Parkash Vs. Union of India decided by Hon'ble Mr.Justice J.S.Narang on 5.7.2006. The land of the five villages including land of village Daba was acquired under Form-J of Requisition and Acquisition of Property Act, 1952 on 9.3.1987. The Arbitrator gave his award dated 2.11.2006 awarding a sum of Rs.210/- out of which an amount of 1/3rd was deducted and amount of Rs.140/- per square yard was ultimately allowed. Aggrieved against the said award, the appellants have filed the present appeal bearing FAO No.1030 of CM No.5498-CII of 2010 and -2- FAO No.1030 of 2007 2007 whereas Union of India has filed FAO No.557 of 2007. The appeal filed by Union of India i.e. FAO No.557 of 2007 has already been decided by this Court on 1.4.2007 in terms of the order passed in FAO No.269 of 1995 and has been dismissed as such. Learned counsel for the appellants states that the appeal filed by the appellant has to be allowed in terms of the appeal bearing FAO No.269 of 1995 as per which the deduction of 1/3rd has to be deleted and the claimants/appellants have to be held entitled to Rs.210/- per square yard. Notice of motion was issued to the counsel for the Union of India. Learned counsel for the respondents has also agreed that the present matter is covered by the decision rendered by this Court in FAO No.269 of 1995 titled as Dr.Jagdish Parkash Vs. Union of India. In view of the fact that both the parties are ad idem that the present appeal is covered by the decision rendered by this Court in FAO No.269 of 1995 titled as Dr.Jagdish Parkash Vs. Union of India, the present application is allowed and consequently, the appeal is also disposed of being covered by the decision rendered by this Court in FAO No.269 of 1995 titled as Dr.Jagdish Parkash Vs. Union of India and the appellants are held entitled to compensation @ Rs.210/- per square yard. (Rakesh Kumar Jain) 28.5.2010 Judge Meenu