FAQUIR CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of two Review Application No.82-CI of 2009 in RFA No.1419 of 1993 in LAC Case No.121 of 1991 and Review application No.83-CI of 2009 in RFA No.1420 of 1993 in LAC Case No.55 of 1991 which have been filed for recalling the order passed by this Court on 18.3.2009 whereby a batch of four Regular First Appeals bearing Nos.1419, 1420, 2066 and 2067 of 1993 were disposed of on the statement made by counsel for the State that all the four appeals are covered by the decision of this Court rendered in RFA No.755 of 1992 titled as Satish Kumar Vs. State of Haryana (1994-3) PLR 243, on the ground that in the case of Satish Kumar (supra), question of determination of compensation in respect of Khasra Nos.25/1/2 and 25/1/3 was left open and as such the present appeals bearing RFA No.1419 and 1420 of 1993 in which the acquired land falls in Khasra Nos.25/1/2 and 25/1/3 are not covered by the RFA No.1419 of 1993 said decision rendered in Satish Kumar (supra). Notice in the application was issued but despite granting opportunity to the respondent/State, no reply has been filed. Brief facts of the case are that with the issuance of notification under Section 4 of the Land Acquisition Act, 1894 (for short `the Act') dated 4.3.1983, 133.68 acres of land of village Patti Mehar, Hadbast No.58 and village Sondha Hadbast No.114, Tehsil and District Ambala was acquired for a public purpose, namely, for the development of residential and commercial area in Sector 8. The Collector vide his award No.13 dated 23.2.1988 determined the market value of the land in different categories, namely, for Chahi land compensation @ Rs.40,000/- per acre, for Barani land Rs.32,000/- per acre and for Gair Mumkin land Rs.16,000/- per acre. Dissatisfied with the award of the Collector, the claimants filed reference under Section 18 of the Act which was adjudicated by the Civil Court under Section 23 of the Act whereby compensation of the acquired land of different Khasra Numbers was assessed as under: Rectangle No.1, Killa No.25 - @ Rs.400/- per sq. yard Rectangle No.13, killa No.5/1 - @ Rs.200/- per sq. yard Rectangle No.9/killa No.22/1/2 Rectangle No.17, killa No.6/1, 7/1 & - Rectangle No.18, Killa No.1/3/2 min - @ Rs.100/- per sq. yard Learned counsel for the applicant/appellant has submitted that while deciding the case of Satish Kumar (supra), the question of determination in respect of Khasra Nos.25/1/2 and 25/1/3 was not redetermined and the following observations were made by this Court.

(2.) The argument raised by the counsel for the applicant/appellant could not be rebutted by the counsel for the State. In view of the above, I am satisfied that these review application deserve to be allowed as the above two cases namely RFA Nos.1419 and 1420 of 1993 are not covered by the decision of this Court in the case of Satish Kumar (supra).

(3.) In view of the above, the present applications are allowed. Order dated 18.3.2009 is hereby recalled. The aforesaid appeals No.1419 and 1420 of 1993 are hereby ordered to be listed for hearing on merits.