RFA No.4275 of 2010 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA No.4275 of 2010 (O&M) DATE OF DECISION: 23.09.2010 **** The State of Haryana and another . . . . Appellants Vs. Smt. Azad Kaur . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Anjum Ahmed, Addl. A.G. Haryana for the appellants. Mr.Vikram Anand, Advocate for the respondent. **** RAKESH KUMAR JAIN J. (ORAL) CM No.10517-CI-2010 This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 234 days in filing the appeal Notice in the application was issued to which reply has been filed. For the reasons mentioned in the application, delay of 234 days in filing the appeal is hereby condoned. CM stands disposed of. RFA No.4275 of 2010 (O&M) Appellant has filed the present appeal against the award dated 20.8.2009 passed by Additional District Judge, Sonipat on an application filed under Section 28-A(3) read with Section 18 of the land Acquisition Act, 1894 (for short ‘the Act’) by which the learned reference Court has determined the market value of acquired land @ `100/- per square yard for Chahi/Nehri land and `60/- per square yard for Gair Mumkin/Banjar land. Besides this, the claimant/respondent herein has been held entitled to all the statutory benefits in terms of Section 23(1A) and 23(2) of the Act. Respondent herein namely, Azad Kaur had also filed RFA No.1824 of RFA No.4275 of 2010 (O&M) - 2 - 2010 titled as “Azad Kaur Vs. State of Haryana and another” for further enhancement of compensation. In the said appeal, notice was issued and Mr.D.D. Gupta, Additional Advocate General, Haryana had appeared on behalf of the respondents. The said appeal has already been disposed of by Hon’ble Mr.Justice Rajesh Bindal in terms of judgment rendered by this Court in RFA No.2453 of 2000 titled as “Smt. Chanderpati & Orts Vs. State of Haryana and others” decided on 30.5.2007 and compensation has been enhanced to `200/- per square yard. In view of the fact that the appeal filed by the respondent/Azad Kaur has been allowed, the present appeal filed against her against the same award of the reference Court has thus no merit and the same is hereby dismissed. No costs. (RAKESH KUMAR JAIN) SEPTEMBER 23, 2010 JUDGE Vivek