Manjeet & ORS. v. State Of Haryana & Or.

RFA No.3576 of 2016 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

RFA No.3576 of 2016 (O&M) Date of Decision: 02.09.2016 Manjeet and others ..Appellants versus State of Haryana through Collector, Rohtak and another ..Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. Sudhir Hooda, Advocate, for the appellants. Mr. Shivendra Swaroop, Assistant Advocate General, Haryana. -.- ARUN PALLI, J. (ORAL) CM No.9855-C1 of 2016 Allowed as prayed for.

CM No.9854-CI of 2016 For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed. Consequently, the appeal is taken on Board.

CM No.9856-CI of 2016 This is an application for condonation of delay of 1889 days in filing the accompanying appeal. All what has been urged by the learned counsel for the applicants is that the matter in issue is squarely covered by the judgment dated 01.09.2014, rendered by this court, in RFA No.2250 of 2011 (Risal Singh versus State of Haryana and another),vide which in the appeals arising out of the same acquisition, this court had enhanced the Virender Kumar 2016.09.03 12:50 I attest to the accuracy and authenticity of this docunt High Court Chandigarh compensation awarded to the land-owners.

RFA No.3576 of 2016 (O&M) 2 Notice in the application On the asking of the court, Mr. Shivendra Swaroop, Assistant 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 1889 days in filing the accompanying appeal is condoned. However, for the period of delay, the applicants shall not be entitled to interest on the enhanced compensation. CM stands disposed of.

RFA No.3576 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 Risal Singh's case (supra), the present appeal is disposed of in terms of the said decision. However, the appellants shall not be entitled to interest for the period of delay in filing the appeal, i.e. 1889 days. 02.09.2016 ( ARUN PALLI) VK JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Virender Kumar 2016.09.03 12:50 I attest to the accuracy and authenticity of this docunt High Court Chandigarh