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2019 Supreme(P&H) 1488

G.S.SANDHAWALIA
State of Haryana – Appellant
Versus
Deepa Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. Shivendra Swaroop, AAG
For the Respondent:Mr. S.S. Dinarpur, Advocate

JUDGMENT :

G.S. SANDHAWALIA, J.

C.M. No. 1564-CI of 2018

1. Application for condonation of delay of 340 days in filing the appeal is allowed, in view of the averments made in the application duly supported by affidavit.

Delay condoned.

Main Appeal

2. The present appeal is directed against the award of the Reference Court, Yamuna Nagar at Jagadhari dated 25.10.2016. The market value has been enhanced from Rs.20 lakhs per acre for the land situated in village Bhatauli within municipal limits and from Rs.10 lakhs per acre for the remaining land to Rs.3,610/- per square meter (Rs.1,46,09,164/- per acre). The enhancement is on the basis of the judgment of this Court in RFA No. 3860 of 2014, Ajmer Singh and others vs. State of Haryana and others for the notification dated 30.05.2005.

3. It is not disputed that the said judgment has been modified by the Apex Court in Manoj Kumar and others vs. State of Haryana and others, 2018 (2) RCR (Civil) 815 and the amount has been reduced to Rs.95,00,000/- per acre. The relevant portion reads thus:-

    “32. Even if we calculate compensation by adding between 12 to 13% flat increase, taking base price at Rs.1560/- granted in the case of Swaran Singh in the fact

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