CM No.4087 to 4090-CI of 2011 1 in/and RFA No.1728 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.4087 to 4090-CI of 2011 in/and RFA No.1728 of 2011 Date of Decision:29.07.2011 Sandeep Kumar ....appellant 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 Mr.Ashish Aggarwal, Advocate for the appellant *** RAKESH KUMAR GARG, J.(ORAL): CM No.4087-CI of 2011 Allowed subject to just exceptions. Applicant is allowed to be brought on record to pursue this appeal. CM disposed of. CM No.4088-89-CI of 2011 For the reasons mentioned in the application, delay in filing as well as in re-filing the appeal is condoned. CMs disposed of. CM No.4090-CI of 2011 Allowed subject to just exceptions. RFA No.1728 of 2011 Counsel for the appellant submits that the instant appeal is CM No.4087 to 4090-CI of 2011 2 in/and RFA No.1728 of 2011 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 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 award of the learned court below was upheld. Coming to the evidence led by the landowners for the purpose of determination of fair value of the acquired land, sale deed(Ex.P2) was produced. However, the location of the land pertaining to the aforesaid sale deed was not pointed out on any site plan produced on record by them. In the absence thereof, the contention of learned counsel for the land owners that the same has not been considered at all is totally untenable. It is always the location and the comparability of the land forming part of the sale deeds, relied upon by the landowners, vis-a-vis, the acquired land which is to be seen for the purpose of determination of fair value CM No.4087 to 4090-CI of 2011 3 in/and RFA No.1728 of 2011 of the acquired land and in the absence of sufficient material on record to show the location of the acquired land and also the land forming part of the sale deeds, it would be totally inappropriate to place reliance thereon. No other evidence having been relied upon, 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 Uplana. Accordingly, the appeals filed by the landowners are dismissed.” In view of the aforesaid, the instant appeal is also dismissed. (RAKESH KUMAR GARG) JUDGE 29.07.2011 neenu