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2012 Supreme(P&H) 1357

K.KANNAN
Ashok Kumar son of Sh. Charan Dass – Appellant
Versus
State of Haryana through Land Acquisition Collector – Respondent


Advocates:
Present:Mr. M.L. Sharma, Advocate for the appellants-landowners in RFA Nos. 5233 to 5246, 2315 to 2317, 2319 to 2342, 2344 to 2348, 2925, 2926, 3064, 3128 to 3135, 3137, 3139 to 3142 and 1642 to 1663, 1848, 1849, 1944 of 2009, 3000 of 2009.
Mr. Shailendra Jain, Advocate for the appellants in RFA Nos.2695, 2696, 3582 of 2002, 2698 to 2701, 2857 to 2861, 3365, 3497 of 2009, 2227, 2228, 2856 and 2867 of 2009 and 5089 of 2009.
Mr. Hawa Singh Hooda, Advocate General with Mr. Ashish Gupta, AAG, Haryana in RFA Nos. 3551 and 3552 of 2002, 3128 to 3135, 3137, 3139 to 3142, 3146, 3148, 3149, 3153, 3154, 3156 to 3164, 3166, 3170 to 3177, 3180 and 3278 to 3280 of 2005, 4686 to 4691, 4693 to 4698, 4700, 4701, 4704, 4705, 4708 to 4711, 4713, 4715 to 4717, 4719, 4721, 4722 and 5233 to 5246 of 2009.
Mr. M.K. Chouhan, Advocate for the appellants in RFA Nos.827 and 828 of 2010.
Mr. Dharam Vir Sharma, Senior Advocate with Mr. Harit Sharma, Advocate and Ms. Shivani Sharma, Advocate for HUDA in RFA Nos.3931 to 3938, 3887 to 3890, 3892 to 3895, 3897 to 3900, 3902 to 3926, 3928 to 3930, 3992 of 2009.
Mr. Deepak Balyan, Advocate for respondent-HUDA in RFA Nos.2315 to 2317, 2319 to 2342 of 2005.
Mr. Pradip Bhandari, Advocate and Mr. Jatinder Kumar Kamboj, Advocate for the appellants in RFA Nos.1955 and 1956 of 2009 and for respondent Nos.1 in RFA Nos.3888, 3901, 3907, 3910, 3918, 3919, 3922, 3931 of 2009.

JUDGMENT

Mr. K. Kannan J.: - I. Subject matter of appeals: Judgments of Courts below rendered after remand

1. This batch of cases relates to determination of compensation by way of enhancement over compensation assessed by the reference court for acquisition of property under the Land Acquisition Act, some at the instance of the landowners, some by the State and some by HUDA. There is also Cross Objection No.23-CI of 2008 in RFA No.3280 of 2005 at the instance of the private owner. These cases have been brought for hearing after judgments recorded by the Reference Court through five different judgments. The judgments were rendered after the cases were remanded by this Court in the judgment in RFA No.5135 of 2002 titled State of Haryana Vs. Baldev Singh and others dated 08.11.2006. The remand became essential in view of the fact that earlier the awards had been passed by reference to a judgment in the award where the lead case was Gurdev Singh and others Vs. State of Haryana. The judgment in Gurdev Singh itself was a subject of remand by the Court through a judgment rendered in RFA No.1281 of 1999 by a judgment dated 27.10.2006. The parties had been granted liberty to adduce fresh e

















































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