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Judgment
21 paragraphs · 365 wordsG.S.Sandhawalia, J.
C.M. No. 1497-CI of 2018
Application has been filed for condonation of delay of 2005 days in filing the appeal against the award dated 11.11.2011 passed by the Reference
Court, Jhajjar.
Keeping in view the law laid down by the Apex Court in Imrat Lal and others vs. Land Acquisition Collector and others, 2014 (14) SCC 133 and
Dhiraj Singh (D) through L.Rs. and others vs. Haryana State and others, 2014 (14) SCC 12,7 delay is condoned, subject to the condition that the
appellant shall not be entitled for the benefit of interest from the date of award till the date of filing of the appeal.
RFA No. 574 of 2018
The present appeal has been preferred against the award dated 11.11.2011 of the Reference Court, Jhajjar, whereby, the Reference Court has
refused to grant the benefit of enhancement from Rs.16,00,000/- per acre which was awarded by the Land Acquisition Collector.
Counsels point out that the notification under Section 4 of the Land Acquisition Act, 1894 dated 16.01.2007 was subject matter of consideration in Civil
Appeal No. 8757 of 2016, Arawali Power Company Private Ltd. vs. Joginder Singh Tokash and others decided on 05.09.2017 before the Apex Court.
The amount of compensation which was awarded by this Court i.e. Rs.29,00,400/- per acre has been reduced to Rs.25,00,000/- per acre. Relevant
portion of the same reads thus:-
“In the peculiar facts and circumstances of the case, we find that it would be appropriate to make approximately 15% deduction towards
development and in the facts and circumstances of the case, we grant compensation at the rate of Rs.25,00,000/- (Rupees twenty five lakhs only) per
acre alongwith statutory benefits. Consequently the appeals filed by the Company are partly allowed and the cross appeals/cross objections preferred
by the owners are hereby dismissed. No costs.â€
Accordingly, keeping in view the said facts and to maintain parity, the present appeal is also allowed and the appellant is held entitled for the said
amount i.e. Rs.25,00,000/- per acre alongwith all statutory benefits. However, the applicants-appellant shall not be entitled for the benefit of interest on
the enhanced compensation for the period of delay in filing the appeal i.e. 2005 days.