High Court of Punjab and HaryanaRFA/671/2022disposed of

Satpal And ORS v. State Of Haryana And ORS.

2022-07-13Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA-671-2022(O&M) Date of decision: 13.07.2022 SATPAL AND ORS ..Appellants

Versus

STATE OF HARYANA AND ORS ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Sudhir Kumar Hooda, Advocate for the landowners.

Mr. Shivendra Swaroop, AAG, Haryana.

Mr. Pritam Singh Saini, Advocate for HSIIDC.

ANIL KSHETARPAL, J(Oral) CM-1424-CI-2022 Allowed as prayed for.

CM-1423-CI-2022 & CM-1422-CI-2022 This appeal was filed when the connected appeals arising from the same acquisition were pending. At that time, there was a delay of 113 days in filing the appeal. The paperbook of the appeal was returned with the certain objections. The appellant claims that the brief of the case was mixed up with the other similar cases arising from the same notification resulting in a delay in refiling. The application is supported by an affidavit of the counsel representing the appellant.

Keeping in view the aforesaid facts, the delay of 113 days in filing, whereas, 1238 days in refiling the appeal is condoned in view of the law laid down in Imrat Lal and others Vs. Land Acquisition Collector and others (SC) 2015(2) RCR (Civil) 437, Dhiraj Singh (Deceased) through LRs Vs. Haryana State and others, 2015(2) RCR (Civil) 507 and Jethu Ram MOHD AYUB 2022.07.22 18:26 I attest to the accuracy and authenticity of this document.

RFA-671-2022(O&M) -2- (Deceased) through LRs Vs. Union of India and others, 2016(4) Law Herald 3166, while denying the interest to the appellants for the period of delay. Main Admitted.

Sh. Shivendra Swaroop, Assistant Advocate General, Haryana, accepts notice on behalf of the State and Sh. Pritam Singh Saini, Advocate, accepts notice on behalf of the HSIIDC.

The learned counsel representing the respondents has admitted that the present appeal is covered by Regular First Appeal No.3000 of 2016, titled as "Jai Singh Vs. State of Haryana and others", decided on 15.11.2021. Hence, the present appeal is disposed of in terms of Regular First Appeal No.3000 of 2016, titled as "Jai Singh Vs. State of Haryana and others", decided on 15.11.2021.

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

July 13th, 2022 (ANIL KSHETARPAL) Ay JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MOHD AYUB 2022.07.22 18:26 I attest to the accuracy and authenticity of this document.