Smt. Shakuntla vs State Of Haryana And Others on 21 November, 2011

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Punjab-Haryana High Court
Smt. Shakuntla vs State Of Haryana And Others on 21 November, 2011
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                               Regular First Appeal No. 4357 of 2011(O&M)
                                         Date of Decision: October 21, 2011.

Smt. Shakuntla.
                                                  ...... APPELLANT (s)

                                    Versus

State of Haryana and others.
                                                  ...... RESPONDENT (s)


CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA


Present:    Mr. Shailendra Jain,
            Advocates for the appellant.

            Mr. Ashish Kapoor, Addl.A.G., Haryana.
            for respondents no.1 and 2.

            Mr. Dhiraj Chawla,
            Advocate for respondent no.3-HSIDC.

                        *****

RAM CHAND GUPTA, J.(Oral)

CM No.9660-CI of 2011

Heard.

Notice of the application.

Mr. Ashish Kapoor, Additional Advocate General, Haryana
accepts notice on behalf of respondents no.1 and 2 and Mr. Dhiraj Chawla,
Advocate, who is present in the court accepts notice on behalf of respondent
no.3-HSIDC.

RFA No.4357 of 2011 2

Hence, taking into consideration the facts mentioned in the
application accompanied by affidavit, delay of 338 days in filing the appeal
is, hereby, condoned.

Civil Misc. stands disposed of.

CM No.9659-CI of 2011

The application is allowed subject to all just exceptions.

RFA No.4357 of 2011

The present regular first appeal has been filed against award

dated 27.01.2010 passed by learned Additional District Judge, Gurgaon vide

which reference under Section 18 of the Land Acquisition Act, 1894 (for

short the ‘Act’) filed by the present appellant was decided.

It has been contended by learned counsel for the appellant that

land belonging to other land owners was also acquired by the same

notification dated 06.03.2002 issued under Section 4 of the Act for setting up

of Industrial Model Township, Manesar Phase II and the same was

subsequently followed by notification dated 15.11.2002 under Section 6 of

the Act. It is further contended that the appeals filed by the other land

owners against the same award dated 27.01.2010 passed by learned

Additional District Judge, Gurgaon were decided by this Court vide judgment

dated 11.02.2011 passed in RFA No.2373 of 2010, titled as Madan Pal v.

State of Haryana. Hence, it is contended that this appeal be also decided on

the same terms.

These facts have also not been disputed by learned counsel for

the respondents.

RFA No.4357 of 2011 3

Hence, for the detailed reasons recorded in RFA No. 2373 of

2010, titled as Madan Pal v. State of Haryana, the present appeal is also

disposed of on the same terms.

( RAM CHAND GUPTA )
October 21, 2011. JUDGE
‘om’

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