CM No.4174-CI of 2011 1 in/and RFA No.1786 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.4174-CI of 2011 in/and RFA No.1786 of 2011 Date of Decision:29.07.2011 Ishwar & Ors. ....appellants Versus State of Haryana & Ors. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.H.N.Sahu, Advocate for the appellants *** RAKESH KUMAR GARG, J.(ORAL): CM No.4174-CI of 2011 For the reasons mentioned in the application, which is supported by an affidavit, delay of 90 days in re-filing the appeal, is condoned. CM disposed of. RFA No.1786 of 2011 Counsel for the appellants submits that the instant appeal is covered by a judgment of this Court passed in RFA No.2109 of 2009 dated 12.05.2011 titled as Hoshiara & ors. vs.The State of Haryana & anr. The aforesaid appeal was dismissed and no enhancement CM No.4174-CI of 2011 2 in/and RFA No.1786 of 2011 was granted to the claimants. The relevant part of the aforesaid judgment reads thus: A perusal of the impugned award shows that while assessing fair value of the acquired land in the present set of appeals, learned court below relied upon an earlier award pertaining to acquisition of land of neighbouring village Phaphrana. The award pertaining to acquisition of land in village Phaphrana was subject matter of appeal in this court in Lakhmi Chand's case (supra), whereby the same was upheld. Learned counsel for the land owners submitted that the location of the land in question is better than the land of village Phaphrana. However, nothing could be pointed out from the record to substantiate the said fact. No other evidence was referred to by learned counsel for the land owners for enhancement of compensation for the acquired land. In view of the judgment of this court in Lakhmi Chand's case (supra), no enhancement can possibly be made for the land pertaining to village Jabhala. Accordingly, the appeals filed by the land owners are dismissed. In view of the aforesaid, the instant appeal is also dismissed. (RAKESH KUMAR GARG) JUDGE 29.07.2011 CM No.4174-CI of 2011 3 in/and RFA No.1786 of 2011 neenu