Punjab-Haryana High Court
Umed Singh And Others vs State Of Haryana And Others on 15 September, 2016
Author: Arun Palli
Bench: Arun Palli
RFA No.3803 of 2016(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA No.3803 of 2016(O&M)
Date of decision: 15.09.2016
Umed Singh and others
... Appellants
Versus
State of Haryana and others
... Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
Present: Mr. Ashok Kumar Sehrawat, Advocate for the appellants.
Mr. Shivendra Swaroop, AAG, Haryana.
***
ARUN PALLI J. (Oral)
CM-10512-CI-2016 This is an application for condonation of delay of 1762 days in filing the accompanying appeal.
All what has been urged by learned counsel for the applicants is that the matter in issue is squarely covered by the judgment, dated 28.01.2016, rendered by this court in RFA No.1838 of 2011 - State of Haryana and others v. Ramphal, vide which this court had enhanced the compensation awarded to the landowners.
Notice.
Mr. Shivendra Swaroop, AAG, Haryana, present in court, accepts notice on behalf of the respondents.
Heard.
The factual position, as set out above, is not disputed by learned State counsel.
In the wake of the decision 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 1 of 2 ::: Downloaded on - 18-09-2016 04:59:13 ::: RFA No.3803 of 2016(O&M) -2- (2) RCR (Civil) 507, delay of 1762 days in filing the accompanying appeal is condoned. However, for the period of delay the applicants shall not be entitled to interest on the enhanced compensation.
CM stands disposed of.
CM-10513-CI-2016 For the reasons set out in the application, the delay of 45 days in re-filing the accompanying appeal is condoned.
CM stands disposed of.
CM-10514-CI-2016 For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed subject to all just exceptions. Consequently, leave is granted to the legal representatives of late Pehlad (appellant No.3), as depicted in para 2 of the application, to institute and maintain the present appeal.
RFA-3803-2016 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 Ramphal's case (supra), the present appeal is disposed of in the same terms. However, the appellants shall not be entitled to interest for the period of delay in filing the appeal i.e. 1762 days.
( Arun Palli )
September 15, 2016 Judge
Rajan
Whether speaking / reasoned: YES/NO
Whether Reportable: YES/NO
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