RFA No.4288 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA No.4288 of 2009 (O&M) DATE OF DECISION: 10.11.2011 **** Balkar Singh and others . . . . Appellants Vs. State of Haryana and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Rajesh Pal Kansal, Advocate for the appellants. Mr.Lekh Raj Nandal, Asstt. A.G. Haryana. **** RAKESH KUMAR JAIN J. (ORAL) CM No.11436-CI-2009 This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 760 days in filing of the appeal. Notice in the application was issued on 15.12.2009. Learned counsel for the State/respondents had taken time to file reply in the application but so far no reply has been filed. For the reasons mentioned in the application, delay of 760 days in filing the appeal is hereby condoned. CM stands disposed of. RFA No.4288 of 2009 Learned counsel for the appellants has submitted that this case is squarely covered by the decision of this Court rendered in RFA No.5466 of 2008 titled as “Kirpal Singh Vs. State of Haryana and others” decided on 27.3.2009. He prays that present appeal be also disposed of in terms of the said order. In brief, facts of the case are that 239.87 acres of land of village Patti Gaddar, Kaithal, Hadbast No.19, Tehsil and District Kaithal RFA No.4288 of 2009 (O&M) -2- was acquired vide notification dated 19.7.2002 issued under Section 4 of the Land Acquisition Act, 1894 (for short ‘the Act’) followed by notification dated 17.7.2003 issued under Section 6 of the Act. The Land Acquisition Collector (for short ‘the Collector’) vide his Award No.4 dated 16.7.2005 assessed the market value of the acquired land @ `5 lacs per acre. On reference, the learned Reference Court re-assessed the compensation of the acquired land @350/- per square yard. A bunch of 69 cases came up for hearing before the Coordinate Bench of this Court in which RFA No.5466 of 2008 titled as “Kirpal Singh Vs. State of Haryana and others” decided on 27.3.2009 was the lead case. The said bunch of 69 cases was allowed, order of the Reference Court was set aside and the matter was remanded back to the learned Reference Court for the purpose of re-adjudication. Learned counsel for the appellants submits that in this case also the judgement of the learned Reference Court be set aside and matter be remanded back to the Reference Court for re-adjudication. Learned counsel for the State/respondents, to whom copy of the order passed in RFA No.5466 of 2008 titled as “Kirpal Singh Vs. State of Haryana and others” decided on 27.3.2009 is stated to have been supplied, raised no objection. In view thereof, the appeal is disposed of in preliminary hearing in terms of the decision rendered in RFA No.5466 of 2008 titled as “Kirpal Singh Vs. State of Haryana and others” decided on 27.3.2009. (RAKESH KUMAR JAIN) November 10, 2010 JUDGE Vivek