Shamsher And Others v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA - 2405 of 2019 (O&M) Date of Decision:07.09.2022 SHAMSHER AND ORS.

...Appellants

Versus

STATE OF HARYANA & ANR.

...Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Amit Kumar Jain, Advocate Mr. S.K.Bhardwaj, Advocate Mr. Ashok K. Sharma (Bhana), Advocate Mr. V.D. Sharma, Advocate Mr. Govind Mor, Advocate Mr. Jasbir Mor, Advocate Mr. Sansar Kundu, Advocate Mr. S.K. Verma, Advocate Mr. Manoj Kakkar, Advocate Mr. Vineet Dhanda, Advocate Mr. Arvind Seth, Advocate & Mr. Sandeep Lather, Advocate for the landowners.

Mr. Sandeep Vermani, Advocate for respondent-Railway.

Mr. Shivendra Swaroop, AAG, Haryana.

ANIL KSHETARPAL, J.

CM No.5858-C1 of 2019 The prayer in this application is to condone the delay of 1926 days in filing the appeal.

Admittedly, the connected appeals arising from the same notification under Section 4 of the Land Acquisition Act, 1894, are pending. The Hon'ble Supreme Court in Imrat Lal and others vs. Land Acquisition Collector and others (SC) 2015(2) RCR (Civil) 437, Dhiraj Singh (deceased) thr. LRs vs. Haryana State and others, 2015(2) RCR (Civil) 507 and Jethu Ram (deceased) thr. LRs vs. Union of India and others, 2016(4) Law Herald 3166, has held that in such cases the delay be condoned subject to the denial of interest to the appellants for the period of delay. SIMRANJEET SINGH 2022.11.27 16:00 I attest to the accuracy and integrity of this document

RFA - 2405 of 2019 (O&M) -2Hence, the application is allowed and delay of 1926 days in filing the appeal is condoned, subject to the condition that the appellants shall not be entitled to interest for the period of delay. Main Case For orders, see detailed order of the even date passed in Regular First Appeal No.1775 of 2014, titled as Net Ram and Ors. Vs. State of Haryana and Anr."

All the pending miscellaneous applications, if any, are also disposed of.

September 07th, 2022 (ANIL KSHETARPAL) Simran.J.Singh JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No SIMRANJEET SINGH 2022.11.27 16:00 I attest to the accuracy and integrity of this document