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High Court of Punjab and Haryana · body

2026 DAILYLAW 37087 (PNJ)

RAJESH KUMAR v. STATE OF HARYANA AND OTHERS

CR/6581/2026 · 2026-09-02

Jagmohan Bansal

body2026

Judgment text

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-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *** 113 CR-6581-2026 Date of Decision: 02.09.2026 RAJESH KUMAR …Petitioner Versus STATE OF HARYANA AND OTHERS …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Ms. Chahat, Advocate on behalf of Mr. Mukesh Yadav, Advocate for petitioner Mr. Abhinav Kalia, Deputy Advocate General, Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1. The petitioner through instant petition under Article 227 of the Constitution of India is seeking setting aside of order dated 11.08.2025 (Annexure P-3) whereby learned Additional District Judge, Narnaul has dismissed his Execution Application No. EXE-181-2019. 2. The petitioner is claiming that he being co-sharer is entitled to higher amount of compensation as assessed by the Reference Court vide Award dated 03.04.2017. 3. He further submits that as per recent judgment passed by Hon’ble Supreme Court in ‘Ramphal & others v. Haryana State Industrial and Infrastructure Development Corporation Limited & others’, 2026(1) RCR (Civil) 792, the petitioner could file execution application on the basis SUDEEPAK KUMAR 2026.09.03 10:23 I attest to the accuracy and integrity of this document -2- of award passed in favour of co-sharer. The petitioner was not required to file application under Section 28A of 1894 Act. As per Ramphal (supra), the petitioner is not entitled to interest for the intervening period, however, enhanced amount of compensation cannot be denied. The petitioner in the present case may be granted enhanced compensation along with interest which may start from the date of filing petition before this Court. The petition may be disposed of in terms of order dated 13.08.2026 passed by this Court in CR No.6092 of 2026. 4. On being confronted, learned State counsel expressed his inability to controvert applicability of Ramphal (supra) and CR No.6092 of 2026 to the present case. 5. In the backdrop and statement of both sides, the petition stands disposed of with a direction that petitioner shall be paid enhanced amount of compensation as paid to co-sharers. The petitioner shall be entitled to interest on the enhanced amount of compensation from the date of filing petition before this Court. 6. Pending application(s), if any, shall also stand disposed of. (JAGMOHAN BANSAL) JUDGE 02.09.2026 SDK Whether speaking/reasoned Yes/No Whether reportable Yes/No SUDEEPAK KUMAR 2026.09.03 10:23 I attest to the accuracy and integrity of this document