R.F.A. No. 5023 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 5023 of 2010 (O&M) Date of decision: 19.11.2010 Haryana State and another .. Appellants v. Ved Parkash Gupta and others ..Respondents. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. H. S. Hooda, Advocate General, Haryana with Mr. Ashish Gupta, Assistant Advocate General, Haryana. ... Rajesh Bindal J. This is an appeal filed by the State challenging the award of the learned court below dated 23.12.2009, whereby for the land acquired vide notification dated 1.10.1973 pertaining to village Faridabad for the purpose of development as residential area in Sector 29 thereof, the value has been assessed @ ` 18/- per square yard. Along with the appeal, an application seeking condonation of delay of 169 days in filing the appeal has also been filed besides the application for interim stay. A perusal of paragraph 14 of the impugned award shows that for the purpose of assessment of fair value of the acquired land, learned court below relied upon judgment (Ex. P9), i.e., R.F.A. No. 1534 of 1977 –Radhey Shyam v. State of Haryana and others, decided on 18.4.1979, wherein this court had determined the market value of the land acquired vide same notification @ ` 18/- per square yard. Once the learned court below had assessed the compensation for the acquired land relying upon the judgment of this court, the appeal filed by the State is totally misconceived. There was no application of mind at any stage by any of the official/officer to see whether there was any ground on which the award of the learned court below could be challenged before this court. Learned Advocate General, while conceding that it cannot possibly be disputed that this is a frivolous litigation, as there was no application of mind by R.F.A. No. 5023 of 2010 [2] any authority at any stage, submitted that he may be permitted to withdraw the same subject to payment of cost of ` 1,00,000/- to be deposited with the High Court Legal Services Committee. He will also instruct the concerned authorities to fix the responsibility of the guilty officers/officials at every stage and recover the amount of cost from them along with cost of litigation in this court. Dismissed as withdrawn in terms of the statement made by learned Advocate General, Haryana. The costs be deposited upto January 31,2011. In case the same is not deposited, the matter be put up before the Court. (Rajesh Bindal) Judge 19.11.2010 mk