IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RFA No.1173 of 2006 (O&M) Date of Decision: 10.12.2008. Haryana State Industrial Development Corporation and another ....Appellants Versus Ashok Kumar and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr.Ranjit Saini, Advocate for the appellants. Mr.Navneet Singh, AAG Haryana. RAJESH BINDAL, J. **** C.M. No.11763-CI of 2008 C.M. is allowed. Additional affidavit in support of application for condonation of delay is taken on record. C.M. No.3183-CI of 2006 A perusal of order dated May 30, 2008 shows that the service of respondents was complete. No one has appeared thereafter till date. For the reasons stated in the application, which is supported by an affidavit, delay of 25 days in filing the appeal is condoned. C.M. stands disposed of. RFA No.1173 of 2006 Learned counsel for the appellants submits that learned RFA No.1173 of 2006 (O&M) -2- Court below in the present case and in reference under section 28 A of the Land Acquisition Act, 1894 has determined the value of the acquired land, relying upon Ex.P1 an earlier award of the reference Court in the case titled as Vijay Singh etc. vs. State of Haryana. It is submitted that HSIDC had filed an appeal against the award Ex.P1 relied upon by learned Court below bearing RFA No.239 of 2003 titled HSIDC Vs. Vijay Singh etc . The aforesaid appeal along with bunch of around 1000 appeals was decided by this Court vide main judgment in RFA No.703 of 2003 decided on September 6, 2006 titled as HSIDC vs. Mehar Chand and others, whereby while setting aside the impugned award of the learned Court below the matter was remitted back to District Judge, Rewari for fresh consideration. It is submitted that as the earlier award relied upon by learned Court below has been set aside by this Court and the matter has been remitted back to reference Court, the impugned award in the present case be also set aside and the matter be remitted back to be dealt with after the decision of the matter which has already been referred back to the reference Court. Inspite of service, no one has appeared for respondent/land owners. Accordingly, the fact stated by learned counsel for the appellants are not in dispute. For the detailed reasons recorded in Mehar Chand's case (supra), whereby the award Ex.P1, as was relied upon by reference Court in the impugned award, was set aside and the RFA No.1173 of 2006 (O&M) -3- matter was remitted back, I deem it appropriate to set aside the impugned award and remit the matter back to learned District Judge, Rewari to be dealt with in accordance with law. The appellants shall appear before the District Judge, Rewari on 22.1.2009 for further proceedings in accordance with law. The respondent/landowners shall be summoned by the reference Court. The appeal is disposed of accordingly. (RAJESH BINDAL) 10.12.2008. JUDGE Reema