← Library
High Court of Punjab and HaryanaRFA/439/2018disposed of

Kishan Singh v. State Of Haryana And ORS.

2018-03-20Mr. Justice Gurmeet Singh Sandhawalia2 pages

RFA No. 439 of 2018 (O & M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA No. 439 of 2018 (O & M) Date of decision: 20.03.2018 Kishan Singh ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Rajender Kumar, Advocate for Mr. M.S. Tewatia, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) C.M. No. 1133-CI of 2018 Application seeking exemption from filing certified copy of award dated 30.11.2011 is allowed, subject to all just exceptions. C.M. No. 1131-CI of 2018 Application for condonation of delay of 2157 days in filling the present appeal has been filed against the award dated 30.11.2011, on the ground that the similar matters have already been decided by this Court as well by as the Apex Court.

Notice of the application.

Mr. Shivendra Swaroop, AAG, Haryana and Mr. P.S. Saini, Advocate accept notice on behalf of respondent Nos.1 & 2 and 3 & 4, respectively.

Though the application, as such, does not contain sufficient cause but the fact remains that keeping in view the judgments of the Apex Court in Imrat Lal & others Vs. Land Acquisition Collector & others 2015

(2) RCR (Civil) 437 and Dhiraj Singh (deceased) through LRs Vs. Haryana State & others 2015 (2) RCR (Civil) 507, equities could be balanced by denying the interest on the enhanced compensation for the period of delay in filing the appeal. The present application is thus liable to Shivani Gupta 2018.03.27 12:41 I attest to the accuracy and integrity of this document

RFA No. 439 of 2018 (O & M) be allowed.

Accordingly, the present application is allowed, with the condition that for the period of delay in filing the appeal, the applicantsappellants shall not be entitled for any interest on the amount of enhanced compensation.

C.M. No. 1132-CI of 2018 Application for treating the present appeal as urgent in view of RFA No.594 of 2012 decided on 28.03.2016 arising out of the same notification having already been decided in case bearing RFA No.2322 of 2011 titled as Usha Rani and others Vs. State of Haryana and others, has been filed.

It is accordingly contended that though this Court enhanced the compensation to Rs.48,57,000/- per acre but the Apex Court vide order and judgment dated 21.09.2017, rendered in SLP(C) Nos.20497-20500 of 2016 [Bharti and another Vs. State of Haryana and others, has reduced the compensation awarded to Rs.32,62,500/-.

In view of the above averments, application is allowed. RFA No. 439 of 2018 The learned counsel for the parties are ad idem that the matter in issue is squarely covered by the decision rendered by the Supreme Court in Bharti's case (supra). Accordingly, the present appeal is disposed of in the same terms. However, the appellants shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal i.e. 2157 days.

20.03.2018 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2018.03.27 12:41 I attest to the accuracy and integrity of this document