← Library
High Court of Punjab and HaryanaRFA/821/2018disposed of

Raj Kumar v. State Of Haryana And Others

2018-03-19Mr. Justice Gurmeet Singh Sandhawalia2 pages

RFA No. 821 of 2018 (O & M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA No. 821 of 2018 (O & M) Date of decision: 19.03.2018 Raj Kumar ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

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

Present:

Mr. Aditya Singh Yadav, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) C.M. No. 2112-CI of 2018 Application for treating the present appeal as an urgent case being a covered case in view of RFA No.3341 of 2011 titled as 'Lala Ram Vs. State of Haryana and others', decided on 29.01.2016 (Annexure A-1), is allowed as prayed for.

C.M. stands disposed of.

C.M. No. 2113-CI of 2018 Application has been filed under Section 5 of Limitation Act, 1963 read with Section 151 of CPC for condonation of delay of 2502 days in filing the appeal. Counsel for the appellant submitted that the matter is already covered by the judgment passed by this Court in Lala Ram Vs. State of Haryana and others which has been upheld by the Apex Court vide order dated 03.10.2016 in Special Leave to Appeal(C) ..CC Nos.18231 to 18323 of 2016.

The ground is that this Court has enhanced the compensation awarded from Rs.1700/- per square yard to Rs.4044/- per square yard as per notification dated 06.01.2006.

Mr. Shivendra Swaroop, AAG, Haryana, present in Court accepts notice on behalf of the respondents. The factual position has not been disputed. Accordingly, in view of the judgment of the Apex Court in Imrat Lal and others Vs. Land Acquisition Collector and others, 2015(2) Shivani Gupta 2018.03.21 15:54 I attest to the accuracy and integrity of this document

RFA No. 821 of 2018 (O & M) RCR (Civil) 437 and Dhiraj Singh (deceased) through LRs Vs. Haryana State and others, 2015 (2) RCR (Civil) 507, the delay of 2502 days is condoned. However, it is made clear that for the period of delay in filing the appeal, the appellant-landowner shall not be entitled to any interest on the enhanced compensation.

RFA No. 821 of 2018 In view of the submissions, this Court has enhanced the compensation and fixed the market value as under vide judgment dated 29.01.2016:

"The appeals filed by the land owners are partly allowed to the extent indicated above. The land owners, in all these cases, are held entitled to receive the compensation @Rs.4044/- per square yard for their acquired land, from the date of notification under Section 4 of the Act. Besides this, the land owners shall also be entitled for all other statutory benefits available to them under the relevant provisions of the Act. Resultantly, with the observations made above, all these appeals stand disposed of, in the above-said terms, however, with no order as to costs".

The present appeal is also disposed of in the same terms being squarely covered by the decision of this Court in Lala Ram's case (supra). The appellant-landowner, however, shall not be entitled to interest on the enhanced compensation for the period of delay of 2502 days in filing the appeal.

19.03.2018 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2018.03.21 15:54 I attest to the accuracy and integrity of this document