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2018 Supreme(SC) 2013

RANJAN GOGOI, R.BANUMATHI
Ram Chander (Deceased) Through His Lrs. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.S. Mor, Adv. Mr. Navin Kumar, Adv. Mr. R. C. Kaushik, AOR
For the Respondent: Mr. Devesh Kumar Tripathi, AOR

ORDER :

1. Leave granted.

2. We have heard the learned counsel for the appellants. None has appeared on behalf of the respondents.

3. By the impugned order the High Court has refused to condone the inordinate delay of 6593 days in filing the appeal seeking enhanced compensation. The High Court while doing so, however, took note of the fact that in a connected matter i.e. R.F.A. No.718/1990 ‘Rameshwar Solanki & Anr. vs. Union of India’ AIR 1995 Delhi 358 compensation was enhanced. Yet as according to the High Court the delay was inordinate and had not been explained the appeal was not entertained by condoning the delay.

4. If a similarly situated landowner i.e. in the case of Ramesheswar Solanki & Anr. vs. Union of India (supra) has received higher compensation, which fact the High Court had noted, the High Court should have allowed the benefit of such higher compensation to the appellants, if required, by making it clear that for the period of delay no interest shall be payable to the appellants-landowners. The above course of action has, in fact, been adopted by this Court in several other cases where compensation at par has been awarded minus interest for the period of delay in appro

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