Rameshwar Dass vs State of Haryana and another

Application for exemption from filing the certified copy of impugned award dated 17.12.2013 is allowed subject to all just exceptions.

CM stands disposed of.

This is an application seeking condonation of delay of 1635 days in filing the accompanying appeal. Learned counsel for the applicant 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 an order and judgment, dated 27.10.2017, rendered by the Supreme Court in Civil Appeal No.2846 of 2017 titled as Bijender and others v.

State of Haryana and another and other connected matters. He submits that the Land Acquisition Collector had assessed the value of the acquired

land upto the depth of 2 acres from the road @ Rs.33,00,000/- per acre and the land situated beyond 2 acres was evaluated @ Rs.18,00,000/- per

acre.

However, the claims of the landowners under Section 18 of the Land Acquisition Act were dismissed by the Reference Court as the compensation

awarded by the Collector was affirmed. But, it is urged that in the appeals preferred by the claimant-landowners against the award rendered by the

Reference Court, this Court, vide order and judgment dated 22.12.2015, rendered in RFA No.1515 of 2014 titled as Harijan Cooperative Society Ltd.

Vs. State of Haryana and another and other connected matters, though maintained the assessment as regards the land abutting the road upto the depth

of 2 acres @ Rs.33,00,000/- per acre but the compensation qua the land situated beyond 2 acres was enhanced from Rs.18,00,000/- per acre to

Rs.24,75,000/- per acre. Further, in the appeals preferred against the decision of this Court, the Supreme Court vide its order and judgment in the case

of Bijender and others (supra), had further enhanced the compensation regarding the land upto the depth of 2 acres from the main road to

Rs.45,00,000/- per acre and the land situated beyond 2 acres was assessed @ Rs.35,00,000/- per acre. Thus, he submits that this appeal too is

required to be disposed of in terms of the decision of the Supreme Court referred to above.

Notice of motion.

Mr. Shivendra Swaroop, AAG, Haryana, present in court, accepts notice on behalf of the respondents. Copies furnished.

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 record.

In the wake of the decisions 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, the delay of 1635 days in filing the

accompanying appeal is condoned. However, to balance the equities, for the period of delay in filing the appeal, the applicant shall not be entitled to

any interest on the enhanced compensation for the above said period.

CM stands disposed of. CM-8160-CI-2018 in/and RFA-3603-2018

For, the learned counsel for the parties are ad idem that the matter in issue is squarely covered by the decision rendered of the Supreme Court in

Bijender’s case (supra), the present appeal is disposed of in the same terms. However, the appellant shall not be entitled to interest on the

enhanced compensation for the period of delay in filing the appeal i.e. 1635 days.