Rakesh vs. The State Of Haryana

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).10528-10536/2022

(Arising out of impugned final judgment and order dated 14-10-2021 in RFA No. 824/2021 14-10-2021 in RFA No. 751/2021 14-10-2021 in RFA No. 825/2021 14-10-2021 in RFA No. 770/2021 14-10-2021 in RFA No. 4723/2012 14-10-2021 in RFA No. 822/2021 14-10-2021 in RFA No. 767/2021 14-10-2021 in RFA No. 806/2021 18-02-2022 in RFA No. 2717/2021 passed by the High Court Of Punjab & Haryana At Chandigarh)

HUKUM SINGH Petitioner(s)

VERSUS

THE STATE OF HARYANA & ORS. Respondent(s)

(FOR ADMISSION and IA No.84307/2022-ADDITION / DELETION / MODIFICATION PARTIES and IA No.84308/2022-EXEMPTION FROM FILING O.T. and IA No.84306/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 13-07-2022 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ANIRUDDHA BOSE

For Petitioner(s) Mr. Manoj Swarup, Sr. Adv. Mr. Ankit Swarup, AOR Mr. Neelmani Pant, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Application for deleting the name of respondent No.3 Bhagwani Devi in the appeal arising out of RFA No.2717 of 2021 is granted and the name of the said respondent is ordered to be deleted from the

ITEM NO.18 COURT NO.13 SECTION IV-B

array of parties.

Mr. Manoj Swarup, learned senior counsel for the petitioner has, inter alia, contended that the High Court in the impugned judgment has proceeded to decline the benefit of the decision of this Court in the case of Wazir and Anr Vs. State of Haryana : reported in (2019) 13 SCC 101 with the assumption that the sale deed dated 18.08.2003, which formed the basis of this Court's judgment, had not been placed on record in the present case.

In this regard, the learned counsel has particularly referred to the list of documents in the impugned order itself in paragraph 5.1 (at page 28), and has referred to document Ex. P-44. Learned counsel has also referred to the site plan Annexure P-14 (page 233), indicating the land that was involved in the case of Wazir**, as located in Phases II, III and IV and the comparative location of the petitioner's land that has been acquired for KMP Express Highway.**

Issue notice, returnable in four weeks.

Court Master Court Master

(B.Parvathi) (Ranjana Shailey)

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