Uma Rani v. State Of Haryana & ORS

RFA-4499-2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RFA-4499-2016 (O&M) Date of Decision: May 18, 2017 Uma Rani ...Appellant

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. K.L. Saini, Advocate, for the appellant.

ARUN PALLI, J. (ORAL) CM-12563-CI-2016:

Allowed as prayed for.

CM-12564-CI-2016:

This is an application for condonation of delay of 810 days in filing the accompanying appeal. All what has been urged by learned counsel for the applicant/appellant is that the matter in issue is squarely covered by the order and judgment, dated 24.02.2016, rendered by this Court in RFA No. 3860 of 2014 (Ajmer Singh and others v. State of Haryana and others) and other connected matters, vide which, in the appeals arising out of the same acquisition, this Court had enhanced the compensation awarded to the landowners.

Notice in the application.

Ms. Safia Gupta, AAG, Haryana, present in the Court, accepts notice on behalf of respondent Nos. 1 to 3. For, respondent Nos. 4 to 6 happen to be proforma respondents, their service is dispensed with. The factual position as set out above, is not disputed by learned Prashant Kapoor 2017.05.19 09:25 I attest to the accuracy and authenticity of this document State counsel.

RFA-4499-2016 (O&M) I have heard learned counsel for the parties and perused the records.

In the wake of the decision of Hon'ble the Supreme Court in Imrat Lal and others v. Land Acquisition Collector and others, 2015 (2) R.C.R. (Civil) 437 and Dhiraj Singh (D) Tr. LRs v. Haryana State and others, 2015 (2) R.C.R. (Civil) 507, delay of 810 days in filing the accompanying appeal is condoned. However, to balance the equity, the applicant/appellant shall not be entitled to any interest on the enhanced compensation, for the period of delay, i.e. 810 days in filing the appeal. Civil miscellaneous application stands disposed of. RFA-4499-2016:

For, learned counsel for the parties are ad idem that the matter in issue is squarely covered by the decision rendered by this Court in Ajmer Singh's case (supra), the present appeal is disposed of in term of the said decision. However, the appellant shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal, i.e. 810 days.

(ARUN PALLI) JUDGE May 18, 2017 Pkapoor Whether Speaking/Reasoned:

YES / NO Whether Reportable:

YES / NO Prashant Kapoor 2017.05.19 09:25 I attest to the accuracy and authenticity of this document