High Court of Punjab and HaryanaRFA/3122/2019disposed of

Parveen Kumar And Another v. The State Of Haryana And Another

2022-09-07Mr. Justice Anil Kshetarpal1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RFA No.3122 of 2019 (O&M) Date of decision: 07.09.2022 Parveen Kumar and anr.

..Appellant (s)

Versus

State of Haryana and anr.

..Respondent (s) CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL PresentMr. Daljit Singh Virk, Advocate, Mr. Arpandeep Narula, Advocate, Mr. Dheeraj Naruja, Advocate, Mr. Amit Bansal, Advocate for Mr. S.K. Jain,Advocate, Mr. Deepak Jain, Advocate, Mr. Akshay Jain, Advocate, Mr. Munish Kamboj, Advocate, Mr. Manvinder S. Sidhu, Advocate, Mr. Sandeep Punchhi, Advocate, Mr. Ashok Verma, Advocate, Mr. Satbir Singh Gill, Advocate, Mr. P.S. Jammu, Advocate, Mr. Labhan Paul, Advocate for Mr. Jagjit Singh Gill, Advocate, Mr. Kartar Singh, Advocate, Mr. M.M Pandey, Advocate, Mr. Sushil K. Verma, Advocate, Mr. Lal Singh Sandhu, Advocate, Mr. Mandeep Sandhu, Advocate for Mr. Sanjiv Gupta, Advocate for the landowners. Mr. Shivendra Swaroop, AAG, Haryana.

*** ANIL KSHETARPAL, J.

CM No.7408-CI of 2019 The prayer in this application is to condone the delay of 495 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. Hence, the application is allowed and delay of 495 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 RFA No.

4227 of 2019 titled as Sukhdev vs. State of Haryana and anr. All the pending miscellaneous applications, if any, are also disposed of. 07.09.2022 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes Whether reportable : No ASHOK KUMAR 2022.09.