High Court of Punjab and HaryanaRFA/902/2019disposed of

Joginder Singh Since Deceased Thr Lrs v. State Of Haryana And ANR

2020-05-27Mr. Justice Gurmeet Singh Sandhawalia2 pages

RFA No.902 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No.902 of 2019 (O&M) Date of decision: 27.05.2020 Late Sh. Joginder Singh (deceased) through his LR ... Appellant(s)

Versus

State of Haryana and another ... Respondents CORAM : HON'BLE MR. JUSTICE G.S. SANDHAWALIA

Present:

Mr. Shoaib Khan, Advocate Mr. M.K. Chauhan, Advocate Mr. P.C. Dhiman, Advocate Mr. M.L. Sharma, Advocate Ms. Meenakshi Sharma, Advocate Mr. Anuj Sharma, Advocate Mr. Sandeep Gehlawat, Advocate Mr. Vinod Kumar, Advocate Mr. D.K. Singal, Advocate Mr. Rajan Gupta, Advocate Mr. P.L. Singla, Advocate Mr. S.K. Loura, Advocate Mr. S.K. Sharma, Advocate Mr. Aditya Grover, Advocate Mr. Ranjit Saini, Advocate Ms. Kuldeep Kaur, Advocate Mr. Adarsh Jain, Advocate Mr. S.S. Kaliramna, Advocate Mr. Akash Sridhar, Advocate for Mr. Sonu Giri, Advocate and for Mr. M.S. Kundu, Advocate, for the landowners. Mr. Sudeep Mahajan, Addl. A.G., Haryana Mr. Abhinash Jain, AAG, Haryana, Ms. Vibha Tiwari, AAG, Haryana, for the State. Mr. Pritam Singh Saini, Advocate, for Shri Mata Mansa Devi Shrine Board.

Mr. Sunil Kumar Sharma, Sr. Panel Counsel, for Union of India. ***** G.S. Sandhawalia , J.

The appeal is disposed of in terms of detailed judgment of even date passed in RFA No.1817 of 2019 titled as "The Akash Cooperative PARVEEN KUMAR 2020.05.27 11:27 I attest to the accuracy and integrity of this document phhc

RFA No.902 of 2019 (O&M) Group Housing Society Ltd.-II Vs. State of Haryana & others". The order dated 17.05.2019 is modified to the extent that the delay in filing the appeal was wrongly condoned for 52-57 days instead of 2039 days as the same was wrongly clubbed with another bunch of Bathinda matter, which was noticed in the order dated 05.07.2019 and which was a typographical error and the same was corrected. Delay in the present case be read as 2039 days.

Accordingly, 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, that equities could be balanced by denying the interest on the enhanced compensation for the period of delay, accordingly, delay of 2039 days in filing the appeals, is condoned. However, the appellants shall not be entitled to interest for the period of delay. (G.S. SANDHAWALIA) 27.05.2020 JUDGE parveen Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No PARVEEN KUMAR 2020.05.27 11:27 I attest to the accuracy and integrity of this document phhc