Shakuntla And ORS. v. State Of Haryana And ORS.

RFA No.2023 of 2016 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

RFA No.2023 of 2016 (O&M) Date of Decision : 23.5.2016 Smt. Shakuntla and others ......Appellants Vs.

State of Haryana and others ......Respondents ...

CORAM :

HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK ...

Present :

Mr.Rakesh Nehra, Advocate for the appellants. ...

1. To be referred to the Reporter or not ?

2. Whether the judgement should be reported in Digest ? RAMESHWAR SINGH MALIK, J CM No.6172-C1 of 2016 Exemption application is allowed as prayed for. CM stands disposed of.

CM No.6174-C1 of 2016 Applicants seek leave of the court to file appeal on behalf of the legal representatives of appellants no.9, 14 and 16, on the basis of particulars given in the application.

After hearing learned counsel for the applicants, instant application is allowed for the reasons stated therein, however, subject to all just exceptions.

Leave sought is granted.

CM stands disposed of.

RFA No.2023 of 2016 (O&M) 2 CM No.6173-C1 of 2016 and CM No.6171-C1 of 2016 in/and RFA No.2023 of 2016 Applicants seek condonation of delay of 949 days in filing the appeal and also seek disposal of the appeal in terms of the order dated 12.2.2016 passed by this court in RFA No.564 of 2014. Learned counsel for the applicants submits that the present appeal is squarely covered by the order dated 12.2.2016 passed by this court in RFA No.564 of 2014 (Mahavir and others Vs. State of Haryana and another).

Notice of motion.

On the asking of the court, Sh. Shivendra Swaroop, AAG, Haryana, accepts notice and after going through the record fairly states that the present case is covered by the order dated 12.2.2016 passed by this court in Mahavir's case (supra).

After hearing learned counsel for the parties, application for condonation of delay is allowed for the reasons stated therein. Delay of 949 days is condoned. However, in view of the law laid down by the Hon'ble Supreme Court in Imrat Lal and others Vs. Land Acquisition Collector and others, 2015 (1) SCC (Civil) 242, the applicants-appellants shall not be entitled for interest for this period of 949 days in filing the appeal. In view of the above said undisputed fact situation obtaining in the present case, instant appeal is ordered to be disposed of in terms of the order dated 12.2.2016 passed by this court in RFA No.564 of 2014 (Mahavir and others Vs. State of Haryana and another). Disposed of, accordingly.

23.5.2016 (RAMESHWAR SINGH MALIK) GS JUDGE

RFA No.2023 of 2016 (O&M) 3