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Punjab-Haryana High Court

Ram Nath And Ors vs State Of Haryana And Ors on 28 February, 2017

Author: Arun Palli

Bench: Arun Palli

RFA No.4741 of 2016 (O&M)                                                 -1-



           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                         RFA No.4741 of 2016 (O&M)
                                         Date of Decision : 28.02.2017.

Ram Nath and others
                                                             ......Appellants
                           Versus

State of Haryana and others
                                                             ...... Respondents

CORAM : HON'BLE MR.JUSTICE ARUN PALLI

Present :     Mr. Virendra Rana, Advocate for the appellants.

ARUN PALLI, J. (Oral)

CM No.13201-CI of 2016 This is an application for condonation of delay of 816 days in filing the accompanying appeal. All what has been urged by the learned counsel for the applicants is that the matter in issue is squarely covered by the judgment, dated 27.05.2016, rendered by this court in RFA No.5316 of 2014 (Pushpender Kumar and others Vs. State of Haryana and another), and other connected matters, vide which, in the appeals arising out of the same acquisition, this court had enhanced the compensation awarded to the landowners.

Notice in the application.

On the asking of the Court, Ms. Safia Gupta, AAG, Haryana, present in Court, accepts notice on behalf of the respondents.

The factual position, as set out above, is not disputed by learned counsel for the respondents.

I have heard learned counsel for the parties and perused the records.

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 For Subsequent orders see RFA-4757-2016 1 of 2 ::: Downloaded on - 07-03-2017 03:56:40 ::: RFA No.4741 of 2016 (O&M) -2- (2) RCR (Civil) 507, delay of 816 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.

CM-13202-CI of 2016 Allowed as prayed for.

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 Pushpender Kumar's case (supra), the present appeal is disposed of in terms of the said decision. However, the appellants shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal i.e. 816 days.

28.02.2017                                             (ARUN PALLI)
Manoj Bhutani                                              JUDGE

                Whether speaking/reasoned              Yes/No
                Whether reportable:                    Yes/No

For Subsequent orders see RFA-4757-2016 2 of 2 ::: Downloaded on - 07-03-2017 03:56:41 :::