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Raldu and others vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 2 June 2017 · Citation: (2017) 06 P&H CK 0040

HON’BLE JUDGES
Arun Palli
CASE NUMBER
2252-2017 (O&M)
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Judgment

34 paragraphs · 309 words

CM-6036-CI-2017:

1.

Allowed as prayed for.

CM-6037-CI-2017:

2.

This is an application for condonation of delay of 3435 days in

filing the accompanying appeal.

3.

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.

4.

Notice in the application.

5.

Ms. Safia Gupta, AAG, Haryana, present in the Court, accepts

notice on behalf of the respondent.

6.

The factual position as set out above, is not disputed by learned

State counsel.

7.

I have heard learned counsel for the parties and perused the

records.

8.

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.

9.

Civil miscellaneous application stands disposed of.

CM-6035-CI-2017 and RFA-2252-2017:

10.

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.