Raldu And ORS v. State Of Haryana

RFA-2252-2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RFA-2252-2017 (O&M) Date of Decision: June 02, 2017 Raldu and others ...Appellants

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. Vijay Singh, Advocate, for the appellants.

ARUN PALLI, J. (ORAL) CM-6036-CI-2017:

Allowed as prayed for.

CM-6037-CI-2017:

This is an application for condonation of delay of 3435 days in filing the accompanying appeal.

All what has been urged by learned counsel for the applicant/appellants is that the matter in issue is squarely covered by the order and judgment, dated 14.01.2016, rendered by this Court in RFA No. 2158 of 2015, titled "Ajit Singh and another v. State of Haryana", and other connected cases, vide which in the appeals arising out of the same acquisition, this Court had enhanced the compensation awarded to the landowners to Rs. 4,38,000/- per acre.

Notice in the application.

Ms. Safia Gupta, AAG, Haryana, present in the Court, accepts notice on behalf of the respondent.

The factual position as set out above, is not disputed by learned Prashant Kapoor 2017.06.02 15:20 I attest to the accuracy and authenticity of this document State counsel.

RFA-2252-2017 (O&M) I have heard learned counsel for the parties and perused the records.

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 3435 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 any interest on the enhanced compensation.

Civil miscellaneous application stands disposed of. CM-6035-CI-2017 and RFA-2252-2017:

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 Ajit 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 filing the appeal, i.e. 3435 days.

(ARUN PALLI) JUDGE June 02, 2017 Pkapoor Whether Speaking/Reasoned:

YES / NO Whether Reportable:

YES / NO Prashant Kapoor 2017.06.02 15:20 I attest to the accuracy and authenticity of this document