Punjab-Haryana High Court
Rita Rani & Anr vs State Of Haryana & Ors on 8 February, 2017
Author: Arun Palli
Bench: Arun Palli
RFA No.684 of 2017(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA No.684 of 2017(O&M)
Date of decision: 08.02.2017
Rita Rani and another
... Appellants
Versus
State of Haryana and others
... Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
Present: Mr. Aditya Jain, Advocate for the appellants.
***
ARUN PALLI, J. (Oral)
CM-1801-CI-2017 This is an application for condonation of delay of 1365 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 20.05.2016, rendered by this court in RFA No.4475 of 2012 [Ram Chander and another 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.
Notice.
Ms. Safia Gupta, AAG, Haryana, present in court, accepts notice on behalf of respondents No.1 & 2.
For, respondent No.3 is stated to be a proforma party, her service is dispensed with.
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.
1 of 2 ::: Downloaded on - 18-02-2017 01:24:34 ::: RFA No.684 of 2017(O&M) -2- 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 1365 days in filing the accompanying appeal is condoned. However, to balance the equities, for the period of delay in filing the appeal the applicants shall not be entitled to any interest on the enhanced compensation.
CM stands disposed of.
RFA-684-2017 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 Ram Chander'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. 1365 days.
( Arun Palli )
February 8, 2017 Judge
Rajan
Whether speaking / reasoned: YES/NO
Whether Reportable: YES/NO
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