Punjab-Haryana High Court
Chander Bhan (Deceased) Thro Lrs vs State Of Haryana And Anr on 13 October, 2017
Author: Arun Palli
Bench: Arun Palli
RFA-4471-2017 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA-4471-2017 (O&M)
Date of Decision: October 13, 2017
Chanderbhan (Deceased) through LRs
...Appellants
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
Present: Mr. Gopal Sharma, Advocate,
for the appellants.
Mr. Shivendra Swaroop, Assistant Advocate General, Haryana,
for respondent Nos. 1 and 2.
Mr. Pritam Singh Saini, Advocate,
for respondent Nos. 3 and 4.
ARUN PALLI, J. (ORAL)
CM-10984-CI-2017:
Application is allowed as prayed for.
CM-10985-CI-2017:
This is an application for condonation of delay of 2842 days in filing the appeal.
Learned counsel for the applicants concedes at the outset that the explanation rendered in the application hardly constitutes any sufficient cause. However, it is urged that the matter in issue is squarely covered by the order and judgment dated 06.11.2015, rendered by this Court in RFA No. 3787 of 2009, titled "Gaje Singh and others v. State of Haryana and 1 of 3 ::: Downloaded on - 16-10-2017 06:10:56 ::: RFA-4471-2017 (O&M) 2 another", and other connected matters, vide which the appeals arising out of the same acquisition were disposed of by this Court.
Notice.
On the asking of the Court, Mr. Shivendra Swaroop, Assistant Advocate General, Haryana, and Mr. Pritam Singh Saini, Advocate, present in the Court, accept notice on behalf of respondent Nos. 1 & 2 and respondent Nos. 3 and 4, respectively.
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 decision of Hon'ble the Supreme Court in Imrat Lal and others v. Land Acquisition Collector and others, 2015 (2) R.C.R. (Civil) 437 and Dhiraj Singh (D) Tr. LRs v. Haryana State and others, 2015 (2) R.C.R. (Civil) 507, delay of 2842 days in filing the accompanying appeal is condoned. However, to balance the equities, for the period of delay, the applicant/appellants shall not be entitled to interest on the enhanced compensation.
Civil miscellaneous application stands disposed of. CM-10986-CI-2017:
Application is allowed as prayed for.
CM-10987-CI-2017:
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, leave is granted to the legal representatives of deceased,
2 of 3 ::: Downloaded on - 16-10-2017 06:10:57 ::: RFA-4471-2017 (O&M) 3 Chander Bhan son of Hari Ram, who is stated to have passed away on 28.06.2010, as depicted in para No. 2 of the application, to institute and maintain the accompanying appeal.
RFA-4471-2017:
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 Gaje Singh'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. 2842 days.
(ARUN PALLI)
JUDGE
October 13, 2017 Whether Speaking/Reasoned: YES / NO
Pkapoor Whether Reportable: YES / NO
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