State Of Haryana And Another v. Rishi Pal And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

XOBJR-123-2021 in/and RFA No.3977 of 2019 (O&M) Date of decision: 25.04.2022 State of Haryana and anr.

..Appellant (s)

Versus

Rishi Pal and ors.

..Respondent (s) CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL PresentMr. Jaivir Yadav, Advocate for Mr. Harshwardhan Ranga, Advocate, Mr. Sanjiv Ghai, Advocate with Mr. Saurabh Garg, Advocate, Mr. Sanjeev Kodan, Advocate, Mr. Navneet Singh, Advocate, Mr. S.P. Chahar, Advocate, Mr. Aditya Yadav, Advocate, Mr. Sandeep Kotla, Advocate, Mr. Arvind Seth, Advocate, Mr. Kulvir Narwal, Advocate, Mr. Vijay, Advocate, Mr. Suresh Kaushik, Advocate, Mr. R.K. Girdhwal, Advocate, Mr. Saurabh Dalal, Advocate, Mr. Vivek Khatri, Advocate, Mr. Abhimanyu Singh, Advocate, Mr. R.K. Kachwa, Advocate, Mr. Ashish Gupta, Advocate for Mr. G.N. Malik, Advocate, Mr. P.R. Yadav, Advocate, Ms. Divya Arora, Advocate for Mr. Rahul Deswal, Advocate, Mr. Ravinder Rana, Advocate, Ms. Pratibha Yadav, Advocate for Mr. Arvind K. Yadav, Advocate for the landowners.

Mr. Baldev Raj Mahajan, Advocate General, Haryana with Mr. Shivendra Swaroop, AAG, Haryana, Ms. Vibha Tewari, AAG, Haryana, and, Mr. Harsh Vardhan, AAG, Haryana.

Ms. Nikita Goel, Advocate.

*** ANIL KSHETARPAL, J.

CM No.4663-CI of 2021 in XOBJR-123-2021 The prayer in this application is to condone the delay of 360 days in filing the appeal.

Admittedly, the connected appeals arising from the same notification under Section 4 of the Land Acquisition Act, 1894, are pending. The Hon'ble Supreme Court in Imrat Lal and others vs. Land Acquisition Collector and others (SC) 2015(2) RCR (Civil) 437, Dhiraj Singh (deceased) thr. LRs vs. Haryana State and others, 2015(2) RCR (Civil) 507 and Jethu Ram (deceased) thr. LRs vs. Union of India and others, 2016(4) Law Herald 3166, has held that in such cases the delay be condoned subject to the denial of interest ASHOK KUMAR 2022.07.07 15:12 I attest to the accuracy and integrity of this document

RFA No.3977 of 2019 to the cross objectors for the period of delay. Hence, the application is allowed and delay of 360 days in filing the appeal is condoned, subject to the condition that the cross objectors shall not be entitled to interest for the period of delay. Main Case For orders, see detailed order of the even date passed in RFA No. 3469 of 2019 titled as State of Haryana and another vs. Smt. Chander Kanta @ Kanta and others.

All the pending miscellaneous applications, if any, are also disposed of.

25.04.2022 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes Whether reportable : No ASHOK KUMAR 2022.07.07 15:12 I attest to the accuracy and integrity of this document