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Judgment
34 paragraphs · 309 wordsCM-6036-CI-2017:
Allowed as prayed for.
CM-6037-CI-2017:
This is an application for condonation of delay of 3435 days in
filing the accompanying appeal.
All what has been urged by learned counsel for the
applicant/appellants is that the matter in issue is squarely covered by the
order and judgment, dated 14.01.2016, rendered by this Court in RFA No.
2158 of 2015, titled " Ajit Singh and another v. State of Haryana ", and
other connected cases, vide which in the appeals arising out of the same
acquisition, this Court had enhanced the compensation awarded to the
landowners to Rs. 4,38,000/- per acre.
Notice in the application.
Ms. Safia Gupta, AAG, Haryana, present in the Court, accepts
notice on behalf of the respondent.
The factual position as set out above, is not disputed by learned
State counsel.
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 3435 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 any interest
on the enhanced compensation.
Civil miscellaneous application stands disposed of.
CM-6035-CI-2017 and RFA-2252-2017:
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
Ajit 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. 3435
days.
