Pardeep Kumar v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA No. 845 of 2018 (O & M) Date of decision: 21.03.2018 Pardeep Kumar ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

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

Present:

Mr. Gulshan Nandwani, Advocate, for the applicant-appellant.

G.S.SANDHAWALIA, J. (Oral) C.M. No. 2216-CI of 2018 Application seeking exemption from filing certified copies of impugned award dated 09.02.2011 is allowed, subject to all just exceptions. C.M. No. 2215-CI of 2018 This is an application seeking condonation of delay of 2506 days in filing the accompanying appeal. At the outset, learned counsel for the applicant concedes that the explanation rendered in the application hardly constitute any sufficient cause. However, it is urged that the matter in issue is squarely covered by the judgment, dated 29.01.2016, rendered by this court in RFA No.3341 of 2011 [Lala Ram v. State of Haryana and others] and other connected matters, vide which in the appeals arising out of the same acquisition, this Court had enhanced the compensation awarded to the claimant-landowners. Rather, the appeals preferred by both the parties against the said decision have since been dismissed by the Supreme Court vide order and judgment dated 03.10.2016, rendered in Special Leave to Appeal (C) Nos.18231 to 18323 of 2016.

Notice.

Shivani Gupta 2018.03.22 14:04 I attest to the accuracy and integrity of this document

RFA No. 845 of 2018 (O & M) -2Mr. Shivendra Swaroop, AAG, Haryana, present in court, accepts notice on behalf of the respondents.

The factual position, as set out above, is not disputed by learned State counsel.

I have heard learned counsel for the parties and perused the record.

In the wake of the decisions of the Hon'ble Supreme Court in Imrat Lal and others v. Land Acquisition Collector and others, 2015(2) RCR (Civil) 437 and Dhiraj Singh (D) Tr. LRs. v. Haryana State and others, 2015

(2) RCR (Civil) 507, the delay of 2506 days in filing the accompanying appeal is condoned. However, to balance the equities, for the period of delay in filing the appeal the applicant shall not be entitled to any interest on the enhanced compensation.

C.M. stands disposed of.

RFA No. 845 of 2018 (O & M) 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 Lala Ram's case (supra), the present appeal is disposed of in the same terms. However, the appellant shall not be entitled to interest for the period of delay in filing the appeal i.e. 2506 days.

21.03.2018 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2018.03.22 14:04 I attest to the accuracy and integrity of this document