LAWS(P&H)-2016-10-124

RAM CHANDER Vs. STATE OF HARYANA

Decided On October 27, 2016
RAM CHANDER Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioners are aggrieved of the impugned order dated 16.11.2012 (Annexure P-3) whereby the misc. application bearing No.202 of 2011 for seeking appropriate directions to the judgment debtors/respondents to deposit the amount of compensation of the acquired land in the ratio of the amount enhanced by this Court vide order dated 9.9.2008 passed in LPA No. 136 of 2003 in RFA No.2602 of 1993 titled "Jai Bhagwan v. State of Hayana" on the premise that other co-owners have been granted benefit of enhanced compensation i.e. Ronki Ram and others whereas the petitioners were deprived of the same, has been dismissed.

(2.) Mr. P.C. Yadav, learned counsel appearing for the petitioners submits that the petitioners at earlier point of time approached this Court vide C.R. No. 3394 of 2008 titled as "Sadhu Ram and others v. State of Haryana" challenging the order dated 05.02.2008 passed by the erstwhile Executing Court in execution petition bearing No.533 of 2005 whereby their claim for payment of enhanced compensation of area measuring 92 marlas of Khasra No.13 Rectangular No.31 was rejected. This Court vide order dated 21.01.2010 disposed of the revision petition by relying upon the ratio decidendi culled out in Furkan Ali v. State of Haryana and others 2006(4) RCR (Civil) 641 holding that the petitioners had not placed on record any material to depict that other co-sharers of Khasra No.13 have received enhanced compensation.

(3.) The aforementioned order was assailed by the petitioners in the Hon'ble Supreme Court vide SLP (Civil) CC No.8644 of 2010 titled as "Waryam Singh and others v. State of Haryana and another" and the same vide order dated 09.08.2010 was dismissed with liberty to the petitioners to avail legal remedy in case they feel that their counsel was negligent in prosecuting the case.