High Court of Punjab and HaryanaRFA/1150/2017disposed of

Satender Singh v. State Of Haryana And ORS

2017-03-01Mr. Justice Arun Palli2 pages

RFA-1150-2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RFA-1150-2017 (O&M) Date of Decision: March 1, 2017 Satender Singh ...Appellant

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. J.P. Ahlawat, Advocate, for the appellant.

ARUN PALLI, J. (ORAL) CM-2877-CI-2017:

This is an application for condonation of delay of 1600 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 judgment, dated 20.05.2016, rendered by this Court in RFA No. 4475 of 2012, titled "Ram Chander and another 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 claimant/landowners.

Notice.

Ms. Safia Gupta, Assistant Advocate General, Haryana, present in Court, accepts notice on behalf of the respondents. The factual position as set out above, is not disputed by learned counsel for the respondents.

Prashant Kapoor 2017.03.01 16:17 I attest to the accuracy and authenticity of this document

RFA-1150-2017 (O&M) 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 1600 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. RFA-1150-2017 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 Ram Chander'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. 1600 days.

A copy of this order be sent to the Reference/Executing Court. (ARUN PALLI) JUDGE March 01, 2017 Pkapoor Whether Speaking/Reasoned:

YES / NO Whether Reportable:

YES / NO Prashant Kapoor 2017.03.01 16:17 I attest to the accuracy and authenticity of this document