R.F.A.No.870 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M.No.1641-CI of 2008 and R.F.A.No.870 of 2008 Date of Decision:15.07.2009 State of Haryana and another .....Appellants versus Ved Parkash and another .....Respondents CORAM: HON'BLE MR.JUSTICE AJAY KUMAR MITTAL. Present: Mr.H.S.Hooda, Advocate General, Haryana, with Mr.Ashish Sharma, Deputy Advocate General, Haryana, for the appellants. Mr.Anil Kshetarpal, Advocate, for respondent No.1. Mr.Rishi Nijhavan, Advocate, for Mr.Rakesh Gupta, Advocate, for the respondents in RFA No.873 of 2008. Mr.Raghujeet Singh Madan, Advocate, for the respondent-HUDA. Mr.Rajinder Goyal, Advocate. Mr.Tarun Khaira, Advocate, for respondents No.1 and 2 in RFA No.905 of 2008. **** AJAY KUMAR MITTAL, J.(Oral) C.M.No.1641-CI of 2008 This is an application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure for staying the payment of the amount of enhanced compensation to the claimants. Learned counsel for the parties have pointed out that the appeals filed by the claimants arising out of the same award have been R.F.A.No.870 of 2008 2 remanded to the learned District Judge, Kaithal, vide order dated 27.03.2009 passed in RFA No.5466 of 2008 (Kirpal Singh Versus State of Haryana and others) to re-consider himself or to assign the same to any other Additional District Judge for re-consideration of the reference on the basis of the material placed on record by the parties. Learned counsel for the parties state that the main case may be taken up for hearing today and disposed of in terms of the decision passed by this Court on 27.03.2009 in RFA No.5466 of 2008 and the connected appeals. Accordingly, the Civil Misc. application is disposed of. R.F.A.No.870 of 2008 This order shall dispose of R.F.A.Nos.870 to 946, 1042 to 1053, 1114 to 1117, 1322 and 1323 of 2008 as the same have arisen from the same award and relate to the same acquisition. With the consent of the learned counsel for the parties, the main case, i.e., the bunch of 95 appeals, is taken up for hearing today. Learned counsel for the parties are ad idem that against the same acquisition, the claimants had also approached this Court for further enhancement of the compensation and the matter has already been remanded to the reference court vide order dated 27.03.2009 passed in RFA No.5466 of 2008 (Kirpal Singh Versus State of Haryana and others) for fresh consideration of the material placed on record by the parties. The present appeals have been filed by the State of Haryana for reduction of the amount of compensation awarded by the reference court vide the same award. The parties are not at variance on the factual concept of the matter that the material on record of the present case had not been noticed by the reference court while passing the impugned award. In view thereof, the award is, therefore, set aside and the matter is remanded to the reference court for deciding the same afresh in terms of the order dated R.F.A.No.870 of 2008 3 27.03.2009 passed by this Court in RFA No.5466 of 2008 (Kirpal Singh Versus State of Haryana and others) and other connected appeals. The appeals are disposed of accordingly. July 15, 2009 (AJAY KUMAR MITTAL) seema JUDGE