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The State of Punjab and Ors. v. Harbans Kaur (D) Through Lr

Leave granted.

(Kurian Joseph and Mohan M. Shantanagoudar, JJ.)

The State of Punjab and Ors. _______________________ Appellant(s)

v.

Harbans Kaur (D) Through Lr ________________________ Respondent

Civil Appeal No(s). 1748/2018 [Arising from SLP (C) No. 4307 of 2018 @ CC No(s). 5445/2017], decided on February 7, 2018

The Judgement of the Court was delivered by

Kurian Joseph, J.:—

1. Leave granted.

2. The appellant is before this Court, aggrieved by the judgment dated 16.09.2015 passed in RFA No. 2778/2003 by the High Court of Punjab and Haryana at Chandigarh.

3. The issue pertains to the fixation of land value in respect of the land acquired from the respondent. We find that the relied on judgment has been set aside and has been remanded to the High Court by this Court by order dated 11.01.2017 passed in C.A. Nos. 2111-2113/2016 and connected matters.

4. In that view of the matter, we do not think it necessary to issue notice to the respondent and then pass the order. Instead, safeguarding the interest of the respondent, we feel it appropriate to set aside the impugned judgment and remit the matters to the High Court, to be taken up along with all connected matters. Ordered accordingly.

5. We direct the appellants to serve a copy of this judgment along with a copy of the petition to the respondent, within four weeks.

6. The appeal is, accordingly, disposed of.

7. Pending applications, if any, shall stand disposed of.

8. There shall be no orders as to costs.

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