Bhoop Singh v. State Of Haryana & ANR

RFA No.2147 of 2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

RFA No.2147 of 2016 (O&M) Date of Decision : 27.5.2016 Bhoop Singh ......Appellant Vs.

State of Haryana and another ......Respondents ...

CORAM :

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

Present :

Mr.S.K. Daaria, Advocate for the appellant.

...

1. To be referred to the Reporter or not ?

2. Whether the judgement should be reported in Digest ? RAMESHWAR SINGH MALIK, J CM No.6477-C1 of 2016 Application is allowed as prayed for.

CM stands disposed of.

CM No.6478-C1 of 2016 and RFA No.2147 of 2016 Applicant seeks condonation of delay of 900 days in filing the appeal.

Learned counsel for the applicant submits that the present appeal is squarely covered by the order dated 1.9.2014 passed by this court in RFA No.2250 of 2011 (Risal Singh Vs. State of Haryana and another). Notice of motion.

On the asking of the court, Sh. Shivendra Swaroop, AAG, Haryana, accepts notice.

After hearing learned counsel for the parties, instant application GREESH SAHNI 2016.05.28 10:18 I attest to the accuracy and integrity of this document Chandigarh

RFA No.2147 of 2016 (O&M) is allowed for the reasons stated therein. Delay of 900 days in filing the appeal is condoned, which was initially only for 96 days and the further delay took place at the hands of the counsel, while removing the objections raised by the Registry, 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 applicantappellant shall not be entitled for interest for this period of 900 days in filing the appeal.

CM stands disposed of.

Learned counsel for the parties are ad-idem that the present appeal is squarely covered by the order dated 1.9.2014 passed by this court in Risal Singh's case (supra).

In view of the above, present appeal is ordered to be disposed of in terms of the order dated 1.9.2014 passed by this court in RFA No.2250 of 2011 (Risal Singh Vs. State of Haryana and another). Disposed of, accordingly.

27.5.2016 (RAMESHWAR SINGH MALIK) GS JUDGE GREESH SAHNI 2016.05.28 10:18 I attest to the accuracy and integrity of this document Chandigarh