Hsiidc v. Bhim Singh And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

XOBJR-126-2019 in/and RFA No.4963 of 2015 (O&M) Date of decision: 30.05.2022 HSIIDC ..Appellant (s)

Versus

Bhim Singh and ors.

..Respondent (s) CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL PresentMr. Shailendra Jain, Sr. Advocate with Mr. Romil Tyagi, Advocate, Mr. Deepak Balyan, Advocate and Mr. Vishesh Dahiya, Advocate, Mr. Aditya Jain, Advocate, Ms. Balpreet K. Sidhu, Advocate, Mr. H.L. Tikku, Sr. Advocate with Ms. Yashmeet, Advocate and Mr. Manav Bajaj, Advocate, Mr. Sudhir Aggarwal, Advocate, Mr. Ravinder K. Yadav, Advocate, Ms. Geeta Devi, Advocate, Mr. P.R. Yadav, Advocate, Mr. Sandeep Yadav, Advocate for Mr. Sandeep Sharma, Advocate, Mr. Ashish Gupta, Advocate Mr. Sanjay Verma, Advocate for Mr. Vikrant Verma, Advocate Mr. Shivendra Swaroop, AAG, Haryana and Ms. Vibha Tewari, AAG, Haryana Mr. Ashwani Kumar Chopra, Sr. Advocate with Mr. Pritam Singh Saini, Advocate, Ms. Vibha Nagar, Advocate and Mr. Abhishek Goyal, Advocate for HSIIDC.

*** ANIL KSHETARPAL, J.

CM No.9205-CI of 2019 The prayer in this application is to condone the delay of 1034 days in filing the appeal.

Admittedly, the connected appeals arising from the same notification under Section 4 of the Land Acquisition Act, 1894, are pending. The Hon'ble Supreme Court in Imrat Lal and others vs. Land Acquisition Collector and others (SC) 2015(2) RCR (Civil) 437, Dhiraj Singh (deceased) thr. LRs vs. Haryana State and others, 2015(2) RCR (Civil) 507 and Jethu Ram (deceased) thr. LRs vs. Union of India and others, 2016(4) Law Herald 3166, has held that in such cases the delay be condoned subject to the denial of interest ASHOK KUMAR 2022.08.03 13:08 I attest to the accuracy and integrity of this document

RFA No.4963 of 2015 to the cross objectors for the period of delay. Hence, the application is allowed and delay of 1034 days in filing the appeal is condoned, subject to the condition that the cross objectors shall not be entitled to interest for the period of delay. CM No.9465-CI of 2015 For the reasons stated in the application, the same is allowed and delay of 549 days in filing the appeal is condoned. Main Case For orders, see detailed order of the even date passed in RFA No.4959 of 2015 titled as HSIIDC vs. Pinky Yadav and ors. All the pending miscellaneous applications, if any, are also disposed of.

30.05.2022 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes Whether reportable : No ASHOK KUMAR 2022.08.03 13:08 I attest to the accuracy and integrity of this document