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2017 Supreme(SC) 1505

ARUN MISHRA, MOHAN M.SHANTANAGOUDAR
Haryana Wakf Board – Appellant
Versus
State of Haryana – Respondent


Advocate Appeared:
For the Appellants :Imtiaz Ahmed, Mrs.Naghma Imtiaz, Ahmed Zargham, Ms. Amra Moosavi, Mohammad Ibrahim, Ms. Mitali Chauhan, (M/s. Equity Lex Associates), K.K. Mohan, Advocates.
For the Respondents:Abhishek Agarwal, Piyush Singh, Kaustubh Prakash, Vaibhav Tyagi, Jasbir Singh Malik, Ms.Usha Nandini V., B.K.Satija, Sanjay Kumar Visen, Advocates.

JUDGMENT :

ARUN MISHRA, J.

Leave granted.

2. The Haryana Wakf Board against the judgment and order dated 10th February 2014 passed by the High Court of Punjab and Haryana at Chandigarh, has preferred the appeals pertaining to the apportionment of compensation to the extent of 3/4 to the lessee and 1/4 to the Haryana Wakf Board.

3. The lands belonging to the Wakf Board at Panipat and Hissar had been acquired by issuance of Notification dated 12th September 2001 and 21st March 1991, respectively. The Land Acquisition Collector vide award dated 16th March 1994 determined the compensation, and directed its payment to the Wakf Board only; no compensation was paid to the respondents, as they failed to prove that they were occupancy tenants of the land in question. A reference was sought under the Land Acquisition Act, 1894. The Reference Court opined that the lessees were entitled to compensation to the extent of 3/4 shares and Wakf Board to the extent of 1/4 share. The Wakf Board preferred appeals in the High Court. The High Court did not make any interference with the apportionment made by the Reference Court and dismissed the appeals. Hence, the Wakf Board has come up in the appeals.

4. Th
























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