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High Court of Punjab and HaryanaRFA/535/2020disposed of

Hari Ram (Deceased) Through Lrs And Another v. State Of Haryana And Others

2022-09-07Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RFA No.535 of 2020 (O&M) Date of decision: 07.09.2022 Hari Ram (deceased) thr Lrs and ors.

..Appellant (s)

Versus

State of Haryana and ors.

..Respondent (s) CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL PresentMr. Daljit Singh Virk, Advocate, Mr. Arpandeep Narula, Advocate, Mr. Dheeraj Naruja, Advocate, Mr. Amit Bansal, Advocate for Mr. S.K. Jain,Advocate, Mr. Deepak Jain, Advocate, Mr. Akshay Jain, Advocate, Mr. Munish Kamboj, Advocate, Mr. Manvinder S. Sidhu, Advocate, Mr. Sandeep Punchhi, Advocate, Mr. Ashok Verma, Advocate, Mr. Satbir Singh Gill, Advocate, Mr. P.S. Jammu, Advocate, Mr. Labhan Paul, Advocate for Mr. Jagjit Singh Gill, Advocate, Mr. Kartar Singh, Advocate, Mr. M.M Pandey, Advocate, Mr. Sushil K. Verma, Advocate, Mr. Lal Singh Sandhu, Advocate, Mr. Mandeep Sandhu, Advocate for Mr. Sanjiv Gupta, Advocate for the landowners. Mr. Shivendra Swaroop, AAG, Haryana.

*** ANIL KSHETARPAL, J.

CM No.1363-CI of 2020 The prayer in this application is to condone the delay of 717 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 to the appellants for the period of delay. Hence, the application is allowed and delay of 717 days in filing the appeal is condoned, subject to the condition that the appellant(s) shall not be entitled to interest for the period of delay. CM No.1364-65-CI of 2020 For the reasons mentioned in the applications, which are supported ASHOK KUMAR 2022.09.17 13:56 I attest to the accuracy and integrity of this document

RFA No.535 of 2020 by an affidavits, the applications for bringing on record the legal representative(s) of Hari Ram and Indraj (appellant No.1 and 2, respectively) are allowed, subject to all the just exceptions.

Main Case For orders, see detailed order of the even date passed in RFA No.4227 of 2019 titled as Sukhdev vs. State of Haryana and anr. All the pending miscellaneous applications, if any, are also disposed of. 07.09.2022 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes Whether reportable : No ASHOK KUMAR 2022.09.17 13:56 I attest to the accuracy and integrity of this document