Kanwar Singh v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 2091 of 2016 (O&M) Date of decision: 25.5.2016 Kanwar Singh .. Appellant Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. Adarsh Jain, Advocate for the applicant-appellant.

***** RAMESHWAR SINGH MALIK, J. (Oral) CM No. 6374-CI-2016 Application is allowed as prayed for CM stands disposed of.

CM No.6375-CI-2016 & RFA No. 2091 of 2016 Applicant seeks condonation of delay of 1973 days in filing the appeal.

Learned counsel for the applicant submits that present appeal is squarely covered by the order dated 28.3.2016 passed by this Court in RFA No. 2322 of 2011 (Usha Rani and others Vs. State of Haryana and others).

Notice of motion.

On the asking of the Court, Mr. Shivendra Swaroop, AAG, Hayana, accepts notice on behalf of respondents No.1 and 2. AMIT KUMAR 2016.05.25 16:58 I attest to the accuracy and authenticity of this document

-2Mr. Pritam Singh Saini, Advocate, accepts notice on behalf of respondent No.3-HSIIDC.

Learned counsel for the respondents, after going through the record of the case, submit that present appeal is squarely covered by the order dated 28.3.2016 passed in Usha Rani's case (supra). After hearing learned counsel for the parties, application for condonation of delay of 1973 days is allowed for the reasons stated therein. Delay of 1973 days in filing the present appeal is condoned. However, it is made clear that the applicant-appellant shall not be entitled for interest for this delay of 1973 days, 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 (2) RCR (civil) 437. CM stands disposed of.

Learned counsel for the parties are ad idem that present appeal is squarely covered by the order dated 28.3.2016 passed in Usha Rani's case (supra). They jointly pray for disposal of the present appeal in terms of the order dated 28.3.2016 passed in Usha Rani's case (supra). In view of the abovesaid common stand taken by learned counsel for the parties, instant appeal is ordered to be disposed of in terms of the order dated 28.3.2016 passed in Usha Rani's case (supra) Disposed of, accordingly.

(RAMESHWAR SINGH MALIK ) JUDGE 25.5.2016 AK Sharma AMIT KUMAR 2016.05.25 16:58 I attest to the accuracy and authenticity of this document