R.A. No. 115-CI of 2009 in RFA No. 1155 of 1998 -1- Present: - Mr. Ashok Khubbar, Advocate, and Mr. S.S. Dinarpur, Advocate, for the applicant/appellant(s). Mr. Sukant Gupta, Addl. A.G., Haryana. This order shall dispose off Review Applications No.115-CI of 2009, 119-CI of 2009, 132-CI of 2009, 133-CI of 2009 and 134 of 2009, as common questions of law and facts are involved. For brevity sake, facts are being taken from Review Application No. 115-CI of 2009. This application under Order 47 Rule 1 read with Section 151 of the Code of Civil Procedure has been moved, for review of the judgment and decree dated 17.7.2009, passed by this Court, vide which the Regular First Appeal filed by the applicant-appellant, was ordered to be dismissed. The State of Haryana acquired 42 kanals of land in village Garhi Gujran, vide notification dated 19.4.1994, issued under Section 4 of the Land Acquisition Act, for setting up of sewerage treatment plant. The award was announced by the learned Collector on 17.4.1995. The State of Haryana, thereafter vide notification dated 16.12.1994, acquired 81 kanals and 1 marla of land situated in village Mamidi and Garhi Gujran for the same purpose i.e. setting up of sewerage treatment plant. The award qua the land acquired vide notification dated 16.12.1994 was also announced on 17.4.1995. Qua the land acquired in pursuance to the notification dated 16.12.1994, the learned Collector awarded compensation @ Rs.1,20,035/- (Rupees one lac twenty thousand and thirty five only) for R.A. No. 115-CI of 2009 in RFA No. 1155 of 1998 -2- chahi and Rs.22,683/- (Rupees twenty two thousand six hundred and eighty three only) for gair mumkin land. This compensation was also awarded qua the land of the appellants, though acquired earlier in time. The landowners had sought reference under Section 18 of the Land Acquisition Act. The learned Additional District Judge accepted the reference, with regard to the award, passed in pursuance to the notification dated 19.12.1994 and enhanced the compensation of acquired land to Rs.2,80,000/- (Rupees two lac and eighty thousand only) per acre, by relying upon the sale deed Ex. P3. The award passed by learned Reference Court was upheld by this Court in RFA No. 1177 of 1998 titled State of Haryana and another Vs. Ashok Kumar, decided on 17.7.2009. The learned Reference Court dismissed the reference made by the applicant-appellants for want of any admissible evidence. It was held by the learned Reference Court that the sale deeds Ex.P1 to P4, on which reliance was placed by the applicant-appellants, was not admissible in evidence, as the vendor/vendees were not examined to prove the sale deeds. In the Regular First Appeal, the applicants moved an application for leading additional evidence, to place on record, the award passed by the learned Reference Court, which was challenged in RFA No. 1177 of 1998. The application for additional evidence was not decided. The appeals filed by the applicant-appellants were ordered to be dismissed, in view of the decision of this Court in RFA No. 1177 of 1998. R.A. No. 115-CI of 2009 in RFA No. 1155 of 1998 -3- The applicant-appellants seek review of the judgment on the ground, that the appeals filed by the applicant-appellants were required to be decided independently along with the application for additional evidence and could not be disposed off with RFA No. 1177 of 1998, as the facts were different. Notice of the review application was issued. The fact that the appeals filed by the applicant-appellants could not have been decided in view of the judgment in RFA No. 1177 of 1998 is not disputed, as these appeals were to be decided independently. The judgment suffers from patent error, which is apparent on the face of record. Consequently, these review applications are allowed, judgment and decree dated 17.7.2009 is recalled and the appeals are ordered to be heard on merits. (Vinod K. Sharma) Judge February 16, 2010 R.S.