Amar Singh Since Deceased Th His Lrs vs State Of Haryana & Ors on 11 November, 2016

[Cites 1, Cited by 1]

Punjab-Haryana High Court

Amar Singh Since Deceased Th His Lrs vs State Of Haryana & Ors on 11 November, 2016

Bench: Arun Palli

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

203                              RFA No.1549 of 2016(O & M)
                                 Date of Decision:11.11.2016

Amar Singh (deceased) th.LRs and others                     ....appellants

                 Versus

State of Haryana and others                                 .....respondents

CORAM:      HON'BLE MR.JUSTICE ARUN PALLI

Present:     Mr.Neelam Singh, Advocate and
             Mr.Rahul Deswal, Advocate
             for the appellants

                ***

ARUN PALLI, J. (ORAL):

CM No.4917-CI of 2016 This is an application for condonation of delay of 622 days in re-filing the appeal.

For the reasons set out in the application, that is duly supported by an affidavit, the same is allowed. Delay of 622 days in re-filing the appeal is condoned.

CM stands disposed of.

CM No.4916-CI of 2016 This is an application for condonation of delay of 851 days in filing the appeal. All what has been urged by learned counsel for the applicants is that the matter in issue is squarely covered by the judgement dated 31.08.2015, rendered by this Court in RFA No.1626 of 2011, titled "Puran Chand Wadhwa(deceased) th.LRs. versus Land Acquisition Collector and another", vide which, in the appeals arising out of the same acquisition, this Court had enhanced the compensation as regards the land that forms the part of revenue estate namely Sarai Aurangabad, to ` 10,00,000/- per acre.

Notice in the application.

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

The factual position as set out above, is not disputed by the 1 of 2 ::: Downloaded on - 20-11-2016 13:16:37 ::: RFA No.1549 of 2016(O & M) -2- learned State counsel.

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

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 (2) RCR (Civil) 507, delay of 851 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.4918-CI of 2016 For the reasons set out in the application, that is duly supported by an affidavit, same is allowed, subject to all just exceptions. Consequently, legal representatives of deceased Amar Singh-appellant, who is stated to have died on 03.11.2011, as depicted in para No.2 of the application, are brought on record for the purpose of pursuing the appeal only.

CM stands disposed of.

RFA No.1549 of 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 Puran Chand Wadhwa's case (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.851 days.





11.11.2016                                        (ARUN PALLI)
neenu                                                JUDGE


Whether speaking/reasoned               Yes/No
Whether reportable-                     Yes/No




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