Lakhi Ram Deceased Thro Lrs & ANR v. State Of Haryana & ANR

RFA No.982 of 2016 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

RFA No.982 of 2016 (O&M) Date of Decision: 15.07.2016 Lakhi Ram (since deceased) through his LRs and another ..Appellants versus State of Haryana and another ..Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. Kamal Mor, Advocate, for Mr. Rakesh Nehra, Advocate for the appellants. Ms. Safia Gupta, Assistant Advocate General, Haryana for the respondents.

-.- 1.

Whether reporters of local papers may be allowed to see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the digest? ARUN PALLI, J. (ORAL) CM No.3380-CI of 2016 Exemption application is allowed as prayed for. CM No.3381-CI of 2016 This is an application for condonation of delay of 1510 days in filing the accompanying appeal.

All what has been urged by the applicant is that the matter in issue is squarely covered by the judgment, dated 31.8.2015, rendered by this court, in RFA No.1626 of 2011 titled "Puran Chand Wadhwa versus Land Acquisition Collector and another, vide which this court had enhanced the compensation awarded to the land owners. Notice in the application.

KUMAR VIRENDER 2016.07.19 15:21 I attest to the accuracy and authenticity of this docunt High Court Chandigarh

RFA No.982 of 2016 (O&M) 2 On the asking of the court, Ms. Safia Gupta, Assistant Advocate General, Haryana, accepts notice on behalf of the respondents I have heard learned counsel for the parties and perused the record.

In the wake of position of the Hon'ble Supreme Court in Imrat Lal versus Land Acquisition of Collector and another , 2015 (2) RCR (Civil) 437, delay of 1510 days in filing the accompanying appeal is condoned. However, for the period of delay, the appellant shall not be entitled to interest on the enhanced compensation. CM stands disposed of.

CM No.3382-CI of 2016 For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed, subject to all just exceptions. Consequently, the legal heirs of late appellant no.1 Lakhi Ram son of Chunia and late appellant no.2 Seeta Ram son of Chunia are brought on record for the purpose of pursuing the present appeal. RFA No.982 of 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 Puran Chand Wadhwa versus Land Acquisition Collector and another (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., 1510 days.

15.07.2016 ( ARUN PALLI) VK JUDGE KUMAR VIRENDER 2016.07.19 15:21 I attest to the accuracy and authenticity of this docunt High Court Chandigarh