High Court of Punjab and HaryanaRFA/1153/2017disposed of

Sneh Lata Alias Seehta And ORS. v. Union Of India And ORS.

2017-03-01Mr. Justice Augustine George Masih2 pages

RFA-1153-2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RFA-1153-2017 (O&M) Date of Decision: March 1, 2017 Smt. Sneh Lata @ Seehta Devi and others ...Appellants

Versus

Union of India and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. R.S. Manhas, Advocate, for the appellants.

ARUN PALLI, J. (ORAL) CM-2880-CI-2017:

This is an application for condonation of delay of 3268 days in re-filing the appeal.

All what has been urged by learned counsel for the applicants is that the matter in issue is squarely covered by the judgment, dated 17.02.2016, rendered by this Court in RFA No. 2902 of 1999, titled "Union of India and another v. Major Pritam Singh and another", and other connected cases, vide which in the appeals arising out of the same acquisition, this Court had enhanced the compensation uniformly to Rs. 2,300/- per marla.

Notice.

Mr. R.S. Malik, Advocate, on behalf of respondent Nos. 1 & 4, and Mr. K.K. Gupta, Additional Advocate General, Punjab, on behalf of respondent Nos. 2 and 3, accept notice.

The factual position as set out above, is not disputed by learned Prashant Kapoor 2017.03.01 16:17 I attest to the accuracy and authenticity of this document

RFA-1153-2017 (O&M) counsel for the respondents.

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 3268 days in re-filing the accompanying appeal is condoned. However, to balance the equities, for the period of delay, the applicant/appellants shall not be entitled to interest on the enhanced compensation.

Civil miscellaneous application stands disposed of. CM-2881-CI-2017:

Allowed as prayed for.

CM-2882-CI-2017 & RFA No. 1153 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 Major Pritam Singh's case (supra), the present appeal is disposed of in terms of the said decision. However, the appellants shall not be entitled to interest on the enhanced compensation for the period of delay in re-filing the appeal i.e. 3268 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