RFA No. 4604 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 4604 of 2008 (O&M) Date of decision: 29.07.2009 Lajja Ram ....Appellant Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Arvind Bansal, Advocate, for the appellant. Ms. Sushma Chopra, Addl. A.G., Haryana, for respondents No. 1 and 2. Mr. Raghujit Singh Madan, Advocate, for respondent No. 3. ***** VINOD K. SHARMA, J (ORAL) CM No. 9353-CI of 2008 This application under Section 5 of the Limitation Act has been moved for condoning the delay of 218 days in filing the appeal. It has been averred in the application, that the counsel for the petitioner did not make an application for supply of certified copy of the RFA No. 4604 of 2008 (O&M) -2- award, which was only made after the petitioner asked him to do so. It is also averred, that the applicant-appellant was informed by the counsel that the limitation for filing of appeal would be 90 days from the date of receipt of certified copy of the award. The applicant-appellant being illiterate person accepted the advice of the counsel and accordingly there has occurred a delay of 218 days in filing the present appeal. Another ground taken is, that the impugned award has already been set aside by this Court in RFA No. 361 of 2007 titled as Jivan Dass Vs. State of Haryana and another, decided on 5.12.2008. The notice of the application was given. Reply has been filed, wherein the application for condonation of delay has been strongly opposed by respondent No. 3. However, no reply has been filed by the State. In view of the fact, that the main contesting respondent is State of Haryana, which had acquired the land, has not opposed the application, and further keeping in view the fact, that the impugned award has already been set aside by this Court, C.M. is allowed and the delay of 218 days in filing the appeal is condoned. RFA No. 4604 of 2008 With the consent of the parties, the appeal is taken up for final disposal. State of Haryana issued a notification dated 8.8.2003 under Section 6 of the Land Acquisition Act, for acquiring 277.46 acres of land situated within the revenue estate of village Patti Kaisth Seth, Kaitha, Tehsil and District Kaithal, for the purpose of development and utilisation of the land as residential, commercial and institutional Sector RFA No. 4604 of 2008 (O&M) -3- 21, Kaithal. The Land Acquisition Collector vide its award dated 5.8.2005, assessed the market value of the land @ Rs.5,00,000/- (Rupees five lac only) per acre. Dissatisfied with the award, the appellant sought reference under Section 18 of the Land Acquisition Act. The learned Reference Court enhanced the market value of the acquired land to Rs.350/- (Rupees three hundred fifty only) per square yard. The land owner being dissatisfied with the award of the learned Reference Court filed this regular first appeal in this Court, for seeking further enhancement. It is not in dispute, that this appeal is squarely covered by the decision of this Court in R.F.A. No. 361 of 2007 titled Jiwan Dass Vs. State of Haryana and another decided on 5.12.2008. The appeal is accordingly allowed, the impugned award is set aside, and the case is remitted back to the learned Reference Court for re-determination of the market value of the acquired land on the basis of evidence on record or which may be further led by the parties. The parties through their counsel are directed to appear before the learned District Judge, Kaithal, on 31.8.2009. The learned District Judge may either keep the references with himself or may entrust the same to any other Additional District Judge for fresh consideration. It is further made clear that the amount of compensation if already paid to the landowners shall not be recovered from them during the pendency of the proceedings before the learned reference court and RFA No. 4604 of 2008 (O&M) -4- the same shall abide by any final decision thereon. Appeal allowed. (Vinod K. Sharma) Judge July 29, 2009 R.S.