Punjab-Haryana High Court
Inder Singh (Since Deceased) Through ... vs State Of Haryana & Ors on 22 July, 2016
Author: Arun Palli
Bench: Arun Palli
RFA No.2049 of 2016 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RFA No.2049 of 2016 (O&M)
Date of Decision : 22.07.2016.
Inder Singh (deceased) through LRs and others
......Appellants
Versus
State of Haryana and others
...... Respondents
CORAM : HON'BLE MR.JUSTICE ARUN PALLI
Present : Mr. Kuldeep Sheoran, Advocate for the appellants.
Ms. Safia Gupta, AAG, Haryana for respondents No.1 to 4.
ARUN PALLI, J. (Oral)
CM No.6287-CI of 2016 This is an application for condonation of delay of 2000 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 Vs. Ramphal), vide which this court had enhanced the compensation awarded to the landowners.
Notice in the application.
Ms. Safia Gupta, AAG, Haryana, present in Court accepts notice on behalf of respondents No.1 to 4.
Learned State counsel does not dispute the factual position, set out above.
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 1 of 2 ::: Downloaded on - 26-07-2016 00:16:14 ::: RFA No.2049 of 2016 -2- (Civil) 437 and Dhiraj Singh (D) Tr. LRs. v. Haryana State and others, 2015 (2) RCR (Civil) 507, delay of 2000 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 No.6288-CI of 2016 Allowed as prayed for.
CM No.6289-CI of 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, LRs of late Inder Singh son of Khem Chand, Ramphal son of Khem Chand and Dharam Singh son of Bhola, who purports to have passed away during the pendency of reference, are granted leave to institute and maintain the accompanying appeal.
CM No.6286-CI of 2016 in/and RFA No.2049 of 2016 For, the learned counsel for the parties are ad idem that the matter in issue is squarely covered by the judgement dated 28.01.2016, rendered by this court in the case of State of Haryana (supra), the present appeal is disposed of in terms of the said decision. However, the appellants shall not be entitled to interest for the period of delay in filing the appeal i.e. 2000 days.
22.07.2016 (ARUN PALLI)
Manoj Bhutani JUDGE
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