Surender v. State Of Haryana & ORS

Regular First Appeal No. 2820 of 2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

RFA No. 2820 of 2016 (O&M) Date of Decision: 07.09.2016 Surender ..Appellant versus State of Haryana through Collector, Jhajjar and others ..Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI

Present:

Ms. Anita Balyan, Advocate, for the appellant. Mr. Shivendra Swaroop, Assistant Advocate General, Haryana. -.- ARUN PALLI, J. (ORAL) CM No.7924-CI of 2016 Allowed, as prayed for.

CM No.7925-CI of 2016 This is an application for condonation of delay of 1593 days in filing the accompanying appeal. All what has been urged by the learned counsel for the applicant is that the matter in issue is squarely covered by the judgment dated 31.08.2015, rendered by this court, in RFA No.1626 of 2011 (Puran Chand Wadhwa (deceased) through LRs versus Land Acquisition Collector and another), vide which in the appeals arising out of the same acquisition, this court had enhanced the compensation awarded to the land-owners.

Notice in the application.

Virender Kumar 2016.09.08 12:11 I attest to the accuracy and authenticity of this docunt High Court Chandigarh On the asking of the Court, Mr. Shivendra Swaroop, Assistant

Regular First Appeal No. 2820 of 2016 (O&M) Advocate General, Haryana, accepts notice on behalf of the respondents. The factual position, as set out above, is not disputed by the learned State counsel.

I have heard learned counsel for the parties and perused the records.

In the wake of the decision of the Hon'ble Supreme Court in Imrat Lal and others v. Land Acquisition Collector and others, 2015(2) RCR (Civil) 437 and Dhiraj Singh (D) Tr. LRs v. Haryana State and others, 2015

(2) RCR (Civil) 507, delay of 1593 days in filing the accompanying appeal is condoned. However, for the period of delay, the applicant shall not be entitled to interest on the enhanced compensation. CM stands disposed of.

RFA No.2820 of 2016 For, the learned counsel for the parties are ad idem that the matter in issue is squarely covered by the decision rendered by this court in Puran Chand Wadhwa (deceased) through LRs's case (supra), the present appeal is disposed of in terms of the said decision. However, the appellant shall not be entitled to interest for the period of delay in filing the appeal, i.e. 1593 days.

07.09.2016 ( ARUN PALLI) VK JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Virender Kumar 2016.09.08 12:11 I attest to the accuracy and authenticity of this docunt High Court Chandigarh