Gurdev Singh Deceased Thro Lrs v. Ut Of Chandigarh

Regular First Appeal No.2072 of 2016 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Regular First Appeal No.2072 of 2016 (O&M) Date of Decision: 09.08.2016 Gurdev Singh (since deceased) through his LR. ..Appellant versus Union Territory, Chandigarh, through the Land Acquisition Collector, Chandigarh ..Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. Rajesh Verma, Advocate, for Mr. Neeraj Sharma, Advocate, for the appellant.

Mr. Suvir Sehgal, Senior Standing counsel with Mr. Daman Dhir, Advocate, for U.T.

ARUN PALLI, J. (ORAL) CM No.6334-CI of 2016 This is an application for condonation of delay of 628 days in refiling the accompanying appeal.

For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed. Consequently, the delay of 628 days that has occurred in re-filing the accompanying appeal is condoned.

CM No.6336-CI of 2016 This is an application for condonation of delay of 55 days in filing the accompanying appeal.

Notice in the application.

On the asking of the court, Mr. Suvir Sehgal, Senior Standing Counsel with Mr. Daman Dhir, Advocate, present in court, accepts notice Virender Kumar 2016.08.11 15:22 I attest to the accuracy and authenticity of this docunt High Court Chandigarh

Regular First Appeal No.2072 of 2016 (O&M) 2 on behalf of the respondent.

I have heard counsel for the parties and perused the record. For the reasons, set out in the application, which is duly supported by an affidavit, the same is allowed. Consequently, the delay of 55 days in filing the accompanying appeal is condoned. CM No.6335-CI of 2016 For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed subject to all just exceptions. Accordingly, the legal heir of late Gurdev Singh son of Shri Niranjan Singh, who is stated to have passed away on 06.07.2013, is brought on record for the purpose of pursuing the present appeal only. It is clarified that that this order shall have no bearing, if any dispute, as regards the will, dated 10.5.2012, is pending before any court.

RFA No.2072 of 2016 For, concededly, the matter in issue is squarely covered by an order/judgment dated 6.10.2015, rendered by this Court in RFA No.6554 of 2013 (Gurpreet Singh and another Vs. Union Territory, Chandigarh), vide which the compensation awarded to the land owners was enhanced, the present appeal is also disposed of in terms thereof. 09.08.2016 ( ARUN PALLI ) VK JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Virender Kumar 2016.08.11 15:22 I attest to the accuracy and authenticity of this docunt High Court Chandigarh