IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RFA No.4408 of 2011 (O&M) Date of decision: 13.10.2011 The State of Haryana & another -----Appellants Vs. Devi Ram and others -----Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG 1. Whether reporters of local newspapers may be allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present:- Mr. H.S. Lalli, Addl.A.G., Haryana and Mr. Amandeep Singh, AAG, Haryana for the appellants. --- RAKESH KUMAR GARG, J. On 12.8.2011, following order was passed:- “Present: Mr. Ashok Jindal, Additional Advocate General, Haryana. * * * This appeal has been filed on behalf of the State of Haryana challenging the award dated 8.9.2009 of the Reference Court whereby the market value of the acquired land has been assessed at ` 175/- per sq.yards upto the depth of 2 acres abutting the National Highway and ` 140/- per sq.yards for the RFA No.4408 of 2011 remaining land falling beyond the depth of 2 acres abutting the National Highway. The contention of the learned Additional Advocate General, Haryana in this appeals is that the market value has been determined ignoring the material evidence on record. However, a perusal of the impugned award would show that the market value as aforesaid has been determined by the Reference Court by relying upon Ex.P1, which is the award of the Reference Court arising out of the same acquisition. Mr. Ashok Jindal, Additional Advocate General, Haryana has categorically stated that till date the aforesaid award Ex.P1 has not been challenged by the State of Haryana by filing an appeal. In view of the aforesaid fact brought on record, the contention raised on behalf of the State to challenge the impugned award, is without any merit. At this stage, Mr. Ashok Jindal, Additional Advocate General, Haryana, seeks a short adjournment to enable him to get specific instructions. List on 21.9.2011. August 12, 2011 (RAKESH KUMAR GARG) JUDGE” Shri H.S. Lalli, Addl.A.G., Haryana who is present in Court is unable to give any information to this Court in compliance of the abovesaid order, as it is stated that no one has turned up to assist him in the matter. In view of the facts envisaged above, since the impugned award is based upon an earlier award of the reference Court 2 RFA No.4408 of 2011 (Exh.P1), against which, admittedly, the State has not filed any appeal, the instant appeal is without any merit. Dismissed. However, the dismissal of this appeal will not affect the appeals filed on behalf of the claimants for enhancement of compensation. October 13, 2011 ( RAKESH KUMAR GARG ) ak JUDGE 3