Abhey Singh And Ors vs State Of Haryana And Ors on 14 September, 2016

[Cites 1, Cited by 1]

Punjab-Haryana High Court

Abhey Singh And Ors vs State Of Haryana And Ors on 14 September, 2016

Bench: Arun Palli

           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

    109                              RFA No.3774 of 2016(O & M)
                                     Date of Decision:14.09.2016

    Abhey Singh and others                                      ....appellants

                    Versus

    State of Haryana and others                                 .....respondents

    CORAM:     HON'BLE MR.JUSTICE ARUN PALLI

    Present:       Mr.A.S.Yadav, Advocate
                   for the appellants
                   ***

    ARUN PALLI, J. (ORAL):

CM No.10431-CI of 2016 Application is allowed as prayed for.

CM No.10429-CI of 2016 For the reasons set out in the application, that is duly supported by an affidavit, the same is allowed. Consequently, the appeal is taken on Board.

CM No.10430-CI of 2016 This is an application for condonation of delay of 1562 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 12.05.2016, rendered by this Court in RFA No.4223 of 2012, titled "Executive Engineer/Construction, Northern Railway, Rohtak versus Abhey Singh and others", vide which, in the appeals arising out of the same acquisition, this Court had enhanced the compensation awarded to the landowners to ` 30,47,619/-.

Notice in the application.

On the asking of the Court, Mr.Shivendra Swaroop, AAG Haryana, present in the Court, accepts notice on behalf respondents No.1 and 2 and Mr.Vivek Lamba, Advocate for Ms.Chetna Rao, Advocate, accepts notice on behalf of respondent No.3.

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

For Subsequent orders see CM-10430-CI-2016, RFA-3775-2016, RFA-3776-2016 and 9 more.

1 of 2 ::: Downloaded on - 18-09-2016 03:18:26 ::: RFA No.3774 of 2016(O & M) -2- 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 1562 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.10432-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 Jehro-appellant No.6, who is stated to have died on 05.02.2015, are brought on record for the purpose of pursuing the appeal only.

CM stands disposed of.

RFA No.3774 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 Abhey 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 for the period of delay in filing the appeal i.e.1562 days.





    14.09.2016                                        (ARUN PALLI)
    neenu                                                JUDGE


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

For Subsequent orders see CM-10430-CI-2016, RFA-3775-2016, RFA-3776-2016 and 9 more.

2 of 2 ::: Downloaded on - 18-09-2016 03:18:28 :::

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