Joginder Singh & ORS v. State Of Punjab & ORS

RFA-1596-2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RFA-1596-2017 (O&M) Date of Decision: April 05, 2017 Joginder Singh and others ...Appellants

Versus

Punjab State and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI

Present:

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

ARUN PALLI, J. (ORAL) CM-4084-CI-2017:

This is an application for condonation of delay of 6680 days in filing the accompanying 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 26.08.2015, rendered by this Court in RFA No. 226 of 1999, titled "The Punjab State and others v. Durgi Devi and others", vide which, in the appeals arising out of the same acquisition, this Court in RFA No. 4525 of 2001 (Thuru Ram v. State of Punjab and others) had enhanced the compensation awarded to the landowners.

Notice in the application.

Mr. K.K. Gupta, Additional Advocate General, Punjab, present in Court, accepts notice on behalf of the respondents. The factual position as set out above, is not disputed by learned State counsel.

Prashant Kapoor 2017.04.05 16:41 I attest to the accuracy and authenticity of this document

RFA-1596-2017 (O&M) I have heard learned counsel for the parties and perused the record.

In the wake of the decisions 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 6680 days in 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-4083-CI-2017 & RFA No. 1596 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 appellants shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal i.e. 6680 days.

A copy of this order be sent to the Reference/Executing Court. (ARUN PALLI) JUDGE April 05, 2017 Pkapoor Whether Speaking/Reasoned:

YES / NO Whether Reportable:

YES / NO Prashant Kapoor 2017.04.05 16:41 I attest to the accuracy and authenticity of this document