Ram Ditta v. State Of Punjab & ORS

RFA-1126-2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RFA-1126-2017 (O&M) Date of Decision: February 28, 2017 Ram Ditta ...Appellant

Versus

Punjab State and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. R.S. Manhas, Advocate, for the appellant. ARUN PALLI, J. (ORAL) CM-2807-CI-2017:

This is an application for condonation of delay of 6645 days in filing the appeal.

All what has been urged by learned counsel for the applicant is that the matter in issue is squarely covered by the judgement dated 26.08.2015, rendered by this Court in RFA No. 226 of 1999, titled "Punjab State and others v. Durgi Devi and others", vide which, in the appeals arising out of the same acquisition, this Court while placing reliance upon another decision dated 16.03.2009, rendered by this Court in RFA No. 4525 of 2001, titled "Thuru Ram v. State of Punjab and others", had enhanced the compensation awarded to the landowners.

Notice.

On the asking of the Court, Mr. K.K. Gupta, Additional Advocate General, Punjab, present in the Court, accepts notice on behalf of the respondents.

The factual position as set out above, is not disputed by learned Prashant Kapoor 2017.03.01 15:35 I attest to the accuracy and authenticity of this document

RFA-1126-2017 (O&M) State counsel.

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

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 6645 days in filing the accompanying appeal is condoned. However, to balance the equities, for the period of delay, the applicant/appellant shall not be entitled to interest on the enhanced compensation.

Civil miscellaneous application stands disposed of. CM-2806-CI-2017 & RFA No. 1126 of 2017 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 Durgi Devi's case (supra), the present appeal is disposed of in terms 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. 6645 days.

A copy of this order be sent to the Reference/Executing Court. (ARUN PALLI) JUDGE February 28, 2017 Pkapoor Whether Speaking/Reasoned:

YES / NO Whether Reportable:

YES / NO Prashant Kapoor 2017.03.01 15:35 I attest to the accuracy and authenticity of this document