Punjab-Haryana High Court
Shobh Raj And Anr vs State Of Haryana And Ors on 20 February, 2017
Author: Arun Palli
Bench: Arun Palli
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
107 RFA No.905 of 2017(O & M)
Date of Decision:20.02.2017
Shobh Raj and another ....appellants
Versus
State of Haryana and others .....respondents
CORAM: HON'BLE MR.JUSTICE ARUN PALLI
Present:Mr.J.C.Malik, Advocate for the appellants
***
ARUN PALLI, J. (ORAL):
CM No.2412-CI of 2017 This is an application for condonation of delay of 98 days in refiling the accompanying appeal.
For the reasons set out in the application, that is duly supported by an affidavit, the same is allowed. Delay of 98 days in re-filing the appeal is condoned.
CM stands disposed of.
CM No.2410-CI of 2017 This is an application for condonation of delay of 3806 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 order/judgement dated 26.02.2016 rendered by this Court in RFA No.3012 of 2003 titled "Angrejo Devi and others versus State of Haryana and others" and other connected matters, vide which, this Court had enhanced the compensation awarded to the claimants-landowners, uniformly to Rs.5,20,000/- per acre.
Notice.
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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 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 3806 days in filing the accompanying appeal is condoned. However, to balance the equities, for the period of delay, the applicants shall not be entitled to interest on the enhanced compensation.
CM stands disposed of.
CM No.2411-CI of 2017 and RFA No.905 of 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 Angrejo Devi'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.3806 days.
February 20, 2017 (ARUN PALLI)
raman/neenu JUDGE
Whether speaking/reasoned Yes/No.
Whether reportable- Yes/No
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