Net Ram & ORS v. State Of Haryana & ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.3954-CI of 2015 and RFA No.2154 of 2015 (O&M) Date of decision: 19.8.2015 Net Ram and others ..... Appellants

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Ram Bilas Gupta, Advocate, for the appellants. Mr. Abhinash Jain, Assistant Advocate General, Haryana. RAJESH BINDAL, J By filing the appeal, the landowners are seeking enhancement of compensation for the acquired land. Along with the appeal, an application seeking condonation of delay of 949 days in filing thereof has also been filed.

Briefly, the facts of the case are that vide notification dated 31.7.2006 issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), the State of Haryana sought to acquire land measuring 626 acres 31 kanals 15 marlas situated in the revenue estate of village Chandawali, Tehsil Ballabgarh, District Faridabad, for development of Industrial Model Township. The same was followed by notification dated 9.8.2007, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') vide award dated 22.7.2008 assessed the market value of the acquired land @ ` 16,00,000/- per acre, later on which was enhanced to ` 26,00,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned court below assessed the market value of the acquired land @ ` 1,053/-per square yard. It is this award, which is impugned by the landowners before this court.

-2CM No. 3954-CI of 2015 Learned counsel for the applicants/appellants submitted that applicants/appellants have applied for certified copy of the award dated 28.3.2012 passed by the learned reference court on 1.7.2012 and the same was prepared on 11.7.2012 and delivered to them on the same day. But unfortunately, the certified copy was misplaced in some other documents lying in the house and was not found after a long search. Thereafter, the appellants were busy in some family problem. The applicants/appellants again searched the certified copy on 21.1.2015, but the same was not found. The applicants/appellants again applied for the certified copy of the award on 27.1.2015 and got the same on 31.1.2015. Due to this reason, delay has occurred in filing the appeal.

Thereafter, the present appeal along with application seeking condonation of 949 days delay in filing thereof, has been filed. He further submitted that Hon'ble the Supreme Court in Imrat Lal and others vs Land Acquisition Collector and others 2015(2) RCR (Civil) 437 and Dhiraj Singh (D) Tr. LRs.

(2) RCR (Civil) 507, has condoned the delay in filing the appeals, however, the interest for the period of delay was not awarded to the landowners. He submitted that delay in filing the appeal before this Court be condoned. The contention is that delay should not come in the way for granting substantial justice and the technicality should give way to substantial justice. The Court should be liberal in condoning the delay.

On the other hand, learned counsel for the State submitted that the reason given by the applicants/appellants is frivolous and vague and as such is not sufficient for condoning huge delay in filing the appeal. However, he could not cite any judgment taking a view contrary to the judgments referred to by learned counsel for the appellants. RFA No. 2154 of 2015 Learned counsel for the appellants submitted that claim made in the present appeal is squarely covered by the judgment of this court in R.F.A. No. 2075 of 2012 -Sohan Lal and another vs. The State of Haryana and others, decided on 3.9.2014, whereby, compensation for the acquired land was assessed @ ` 1,230/- per square yard. Learned counsel for the State did not dispute the aforesaid factual

-3position.

Heard learned counsel for the parties and perused the paper book. After hearing learned counsel for the parties and considering the judgments of Hon'ble the Supreme Court in Imrat Lal and Dhiraj Singh (D)'s cases (supra), the application for condonation of delay in filing the appeal is allowed. Delay in filing the appeal is condoned, subject to the condition that the appellants shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal. Accordingly, for the reasons recorded in Sohan Lal's case (supra), the present appeal is disposed of in the same terms. However, the landowners shall not be entitled to interest for the period of delay in filing the appeal i.e. 949 days.

(RAJESH BINDAL) JUDGE 19.8.2015 sharmila