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2016 Supreme(SC) 1094
SUPREME COURT OF INDIA
KURIAN JOSEPH, ROHINTON FALI NARIMAN, JJ.
M/s Arti Spinning Mills Etc. Etc. - Petitioners
Versus
State of Haryana & Anr. - Respondents
Civil Appeal Nos. 1863-1865 of 2016 (Arising out of S.L.P. (C) No. 30933-30935 of 2015)
Decided On : 26-02-2016
Advocate Appeared:
For the Petitioners: Mrs. Rekha Palli, Ms. Punam Singh, Mr. S.A. Akhtar, Mr. Deepak Goel
For the Respondents: Ms. Alka Agrawal, Mr. Sanjay Kumar Visen
The court may grant enhancement of compensation despite delay in filing the review application if the merits of the application warrant it.
Headnote:
Delay - Review Application for Enhancement of Compensation - The court allowed the review application for enhancement of compensation at the rate of Rs.16,08,000/- per acre, despite the delay in filing the application.
Fact of the Case:
The appellants filed a review application before the High Court seeking enhancement of compensation. The application was rejected due to a delay of 706 days, which was further delayed by 1705 days before the Supreme Court.
Finding of the Court:
The court allowed the appeals, granting the appellants the land value fixed at Rs.16,08,000/- per acre, despite the delay in filing the review application.
Issues: The issues pertained to the delay in filing the review application and the claim for enhancement of compensation.
Ratio Decidendi: The court considered the delay but ultimately focused on the merits of the review application, granting the enhancement of compensation.
Final Decision: The appeals were allowed, and the appellants were granted the land value fixed at Rs.16,08,000/- per acre, with the exclusion of statutory benefits for the period of delay.
JUDGMENT :
Kurian, J.
1. Leave granted.
2. We have heard learned senior counsel appearing on behalf of the appellants as well as learned Advocate General for the State of Haryana.
3. The appellants are aggrieved by the rejection of the review application filed before the High Court on the ground of delay of 706 days in filing the review application. There is a delay of 1705 days before this Court.
4. Be that as it may, the issues pertain to the claim made by the appellants for enhancement of compensation. The review application was filed before the High Court seeking land value at the rate of Rs.16.08 per acre as they are granted to the adjoining property covered by R.F.A. No. 363 of 2005 titled as Ram Chand @ Ram Chander (since deceased) through L.R. Raghbir Singh versus State of Haryana and others decided on 29.5.2009.
5. We also find that this Court in all connected cases have set aside the orders passed by the High Court and remanded the matters before the High Court.
6. We are informed, on remand, the High Court, has allowed the review application by fixing the compensation at the rate of Rs.16,08,000/- per acre.
7. Therefore, these appeals are allowed. The appellants shall be entitled to land value fixed at Rs.16,08,000/-per acre. However, the appellants shall not be entitled for any statutory benefits for a period of 2411 days covered by delay before the High Court as well as before this Court.
