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HC sets aside order to ‘benefit’ landowners

Comments Off on HC sets aside order to ‘benefit’ landowners   |   February 26, 2014    12:15pm   |Contributed by manoja

Tribune News Service

Chandigarh, February 21
Displaying the humanitarian side of law, the Punjab and Haryana High Court in a rare judgment has set aside a lower court order, though it was neither illegal, nor erroneous.

Justice Rajiv Narain Raina made it clear that the judgment granting yet another opportunity to farmers to plead their case for a higher compensation for acquired land was being passed to “avoid miscarriage of justice”.

The order came on a petition filed by Vijay Kumar and another petitioner against Haryana and other respondents. Their evidence in support of plea to enhance compensation awarded by the Land Acquisition Collector was turned down on the ground that they failed to avail numerous opportunities.

Their counsel submitted that “there was a breach of communication between them and their counsel” before the reference court. It resulted in excessive adjournments. Even last opportunity was granted more than once.

Taking up the matter, Justice Raina asserted: “Though the impugned order dated December 5, 2013, passed by the Additional District Judge, Narnaul, cannot be faulted, the order would prevent them from establishing their case for enhancement of compensation on the basis of other sale deeds executed prior to the notification in the area of acquisition. In order to avoid miscarriage of justice, this court intervenes and grants the petitioners an effective opportunity of producing material on record in support of their case for enhancement. But they must do so within reasonable time….

“Having reached thus far, I am compelled to set aside the impugned order dated December, 5, 2013, which ex-facie is neither illegal, erroneous nor without jurisdiction but for the predominant reason of doing substantial justice and to avoid any miscarriage of it perceived from the eyes of the dispossessed landowners. This revision petition is accordingly allowed”.

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