Punjab-Haryana High Court
Het Ram Deceased Th Lrs Duli Chand And Ors vs State Of Haryana And Ors on 21 February, 2017
Author: Arun Palli
Bench: Arun Palli
RFA No.4494 of 2016(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA No.4494 of 2016(O&M)
Date of decision: 21.02.2017
Het Ram (deceased) through LRs and others
... Appellant(s)
Versus
The State of Haryana and others
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
Present: Mr. Rohit Rana, Advocate for
Mr. Kunal Dawar, Advocate for the appellant(s).
ARUN PALLI, J. (Oral)
CM-12559-CI-2016 Allowed, as prayed for.
CM-12560-12561-CI-2016 For the reasons set out in the applications, which are duly supported by an affidavit, the same are allowed subject to all just exceptions. Consequently, the LRs of late Het Ram s/o Sh. Teja (appellant No.1) and LRs of Late Indraj Singh @ Kallu S/o Sh. Het Ram (appellant No.5), as depicted in para 3 of the application, are brought on record for the purpose of pursuing the present appeal only. CM-12562-CI-2016 This is an application seeking condonation of delay of 2022 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 28.03.2016, rendered by this court in RFA No.2322 of 2011 [Usha Rani and others v. State of Haryana and others] and other connected cases, vide which in the appeals arising out of the same acquisition, this court had enhanced the compensation awarded to the landowners to ` 48,57,000/- per acre.
Notice.
Ms. Safia Gupta, AAG, Haryana, and Mr. Pritam Singh Saini, Advocate, accept notice on behalf of respondents No.1 & 2, and respondents No.3 & 4, respectively.
The factual position, as set out above, is not disputed by learned 1 of 2 ::: Downloaded on - 26-02-2017 00:39:18 ::: RFA No.4494 of 2016(O&M) -2- counsel for the respondents.
I have heard learned counsel for the parties and perused the record.
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, delay of 2022 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-4494-2016 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 Usha Rani's case (supra), the present appeal is disposed of in the same terms. However, the appellants shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal i.e. 2022 days.
( Arun Palli ) Judge February 21, 2017 sanjiv Whether speaking / reasoned: YES/NO Whether Reportable: YES/NO 2 of 2 ::: Downloaded on - 26-02-2017 00:39:19 :::