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2022 Supreme(P&H) 1459

ANIL KSHETARPAL
Rajender Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
Mr. Akshay Jindal, Advocate, Mr. Pritam Singh Saini, Advocate, for Hsiidc, Mr. Deepak Sabherwal, Advocate, Mr. Anil Chawla, Advocate, Mr. P.K.Dwivedi, Advocate, Mr. Suresh Ahlawat, Advocate, Mr. G.S.Shahpuri, Advocate, Mr. B.R.Mahajan, Sr. Advocate with Mr. Harsh Vardhan Sherawat, AAG, Haryana and Mr. J.S.Jammu, AAG, Haryana, Mr. Vandit Jain, Advocate for, Mr. Vipin Pal Yadav, Advocate, Mr. B.K.Bagri, Advocate, Mr. Sudhir Aggarwal, Advocate, Mr. Kuldeep Sharma, Advocate and Mr. R.N.Lohan, Advocate, Mr. Amit Jain, Advocate, Mr. Gaurav Aggarwal, Advocate, Mr. Madan Pal, Advocate, Mr. Anil Kumar, Advocate, Mr. Nikhil Chopra, Addl.A.G., Punjab., Mr. Harsh Vardhan, AAG, Haryana, Counsel for the Appearing Parties.

JUDGMENT

Anil Kshetarpal, J. - This judgment shall dispose of 115 civil revision petitions and a Civil Writ Petition (details whereof are at the foot of the judgment) filed under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC').

2. After having heard the learned counsels representing the respective parties, the following questions arise for adjudication:-

    (1) Whether on the basis of a judgment of the Court enhancing the compensation of acquired land passed in the case(s) filed by a co-sharer with respect to his own share in undivided/joint land, the other co-sharer(s), who did not file any petition, can file an execution petition to claim the enhanced compensation without any enforceable award/judgment in his/their favour when the petition had been filed by the other co-sharers on their on behalf and not on the behalf of all co-sharers?

    (2) Whether the orders passed by the Lok Adalats, on the basis of concession granted by the officials under the misconception of law, are binding, particularly in the absence of a conscious decision of the concerned Organization /Institution/ Corporate entity/ Stat

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