L.P.A. No.268 of 1999 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 22.01.2009 State of Haryana .....Appellant versus Gurnam Singh and another .....Respondents CORAM : HON'BLE MR.JUSTICE UMA NATH SINGH. HON'BLE MR.JUSTICE A.N.JINDAL. Present : Ms.Ritu Bahri, Deputy Advocate General, Haryana, for appellant. Mr.O.P.Goyal, Senior Advocate, with Mr.Varun Sharma, Advocate for respondents. -.- UMA NATH SINGH, J. On 13.1.2009, we passed the following order: “This LPA is listed pursuant to a remand order passed by Hon'ble the Apex Court, dated 25.7.2001. This is brought to our notice that a bunch of Regular First Appeals was disposed of by a learned Single Judge vide order dated 31.3.2008 in Regular First Appeal No.3512 of 1992. This is also brought to our notice that the said order also covers the RFAs remanded vide an order dated 8.10.2002 in L.P.A.No.28 of 1999. Besides, we are not oblivious of the fact that pursuant to amendment in C.P.C. w.e.f. 1.7.2002, incorporating Section 100-A, no LPA would be maintainable against any order passed in L.P.A. No.268 of 1999 2 R.F.A. by a learned Single Judge. In view of all the aforesaid and also for this reason that learned counsel for parties are not in a position to inform as to whether any SLP has been filed in Hon'ble Supreme Court against the order dated 31.3.2008 and also as to whether this LPA can be decided independent of the said order of learned Single Judge, as being remanded by Hon'ble Supreme Court, on their joint request, this matter is adjourned to 21.1.2009.” We are told by learned senior counsel for respondents that against the same acquisition, a bunch of RFAs was filed. Out of those RFAs, two bunches were decided by two separate orders, against which LPAs filed were listed before two Division Benches. One Division Bench had disposed of L.P.A. No.40 of 1998, arising out of R.F.A. No.1423 of 1991, against which an appeal was filed by way of a Special Leave Petition in the Supreme Court and that order was set-aside while remanding the LPA for determining the market value of the land in question. After the order of Hon'ble the Supreme Court, the second bunch of LPAs pending before another Division Bench was disposed of on 8.10.2002. Relevant portion thereof, on reproduction reads as: “........During the pendency of these L.P.As., the Supreme Court allowed Civil Appeal No.6016 of 1999- State of Haryana versus Ram Singh (decided on 25.7.2001) alongwith Civil Appeal Nos.6017-6032 of 1999 and remanded the case for fresh determination of L.P.A. No.268 of 1999 3 compensation payable to the land-owners. A copy of the judgment of the Supreme Court has been placed on the record alongwith C.M.No.2177 of 2002. Learned Senior Deputy Advocate General gave out that in pursuance of the judgment of the Supreme Court, R.F.A.Nos.1422 to 1424, 1429 of 1994, 1452, 1668, 1670, 3512 of 1992 and 408 of 1993 have been listed for re-hearing before the Single Bench. In our opinion, this and other connected appeals deserve to be allowed in view of the judgment of the Supreme Court. Ordered accordingly. R.F.As., out of which these appeals arise may now be listed before the Single Bench alongwith R.F.As. noted herein above.” We are told that the aforesaid RFAs have now been disposed of by the learned Single Judge vide order dated 31.3.2008 alongwith other R.F.As, and that order was impugned in Special Leave petition No.27494 of 2008 which has been dismissed on 1.12.2008, thus, the order of learned Single Judge has attained finality. In view of all the aforesaid, learned counsel for parties state that since the judgment of learned Single Judge has attained finality, it would be appropriate to remand this matter also to learned Single Judge for a fresh consideration. Accordingly, without expressing any opinion on the merits of the case, this L.P.A. No.268 of 1999 is disposed of while setting-aside the L.P.A. No.268 of 1999 4 impugned order. Resultantly, the RFA No.2643 of 1992 is remanded to the learned Single Judge for a fresh consideration. This L.P.A. thus, stands disposed of. (UMA NATH SINGH) JUDGE 22-01-2009 (A.N.JINDAL) Mohinder JUDGE