High Court of Punjab and HaryanaRFA/1675/2016disposed of

Jagmal & ORS v. State Of Haryana & ORS

2016-09-092 pages

RFA No.1675 of 2016 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

RFA No.1675 of 2016 (O&M) Date of Decision: 09.09.2016 Jagmal and others ..Appellants versus State of Haryana through the Collector, Bhiwani and another ..Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. Jagjeet Beniwal Advocate, for the appellants. Ms. Safia Gupta, Assistant Advocate General, Haryana. -.- ARUN PALLI, J. (ORAL) CM No.5181-C1 of 2016 Allowed as prayed for.

CM No.5182-CI of 2016 This is an application for condonation of delay of 274 days in filing the accompanying appeal. All what has been urged by the learned counsel for the applicants is that the matter in issue is squarely covered by the judgment, dated 15.09.2015, rendered by this court, in RFA No.3347 of 2015 (Smt. Sarti and others versus State of Haryana and another), vide which, in the appeals arising out of the same acquisition, this court had enhanced the compensation awarded to the land-owners. Notice in the application On the asking of the court, Ms. Safia Gupta, Assistant Advocate General, Haryana, accepts notice on behalf of the respondents. The factual position, as set out above, is not disputed by the Virender Kumar 2016.09.15 11:15 I attest to the accuracy and authenticity of this docunt High Court Chandigarh

RFA No.1675 of 2016 (O&M) 2 learned State counsel.

I have heard learned counsel for the parties and perused the records.

In the wake of the decision of the Hon'ble Supreme Court in Imrat Lal and others v. Land Acquisition Collector and others, 2015(2) RCR (Civil) 437 and Dhiraj Singh (D) Tr. LRs v. Haryana State and others, 2015

(2) RCR (Civil) 507, delay of 274 days in filing the accompanying appeal is condoned. However, for the period of delay, the applicants shall not be entitled to interest on the enhanced compensation. CM stands disposed of.

RFA No.1675 of 2016 For, the learned counsel for the parties are ad idem that the matter in issue is squarely covered by the decision rendered by this court in Smt. Sarti's case (supra), the present appeal is disposed of in terms of the said decision. However, the appellants shall not be entitled to interest for the period of delay in filing the appeal, i.e. 274 days. 09.09.2016 ( ARUN PALLI) VK JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Virender Kumar 2016.09.15 11:15 I attest to the accuracy and authenticity of this docunt High Court Chandigarh