IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DASONDHA SINGH(DECEASED) THROUGH LRS – Appellant
Versus
STATE OF HARYANA AND ANOTHER – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
123-11 RFA No.792 of 2023 (O&M) Date of Decision: 26.02.2026 DASONDHA SINGH (DECEASED) THROUGH LRS ….Appellant(s)
Vs STATE OF HARYANA AND ANR. ...Respondents
2. RFA No.1769 of 2023 (O&M)
DASONDHA SINGH (DECEASED) THROUGH LRS ….Appellant(s)
Vs STATE OF HARYANA AND ANR. ...Respondents
3. RFA No.426 of 2024 (O&M)
GURJIT SINGH @ GURJEET SINGH AND ORS. ….Appellant(s)
Vs STATE OF HARYANA AND ORS. ...Respondents
4. RFA No.362 of 2020 (O&M)
KRISHAN KUMAR ….Appellant(s)
Vs STATE OF HARYANA AND ANR. ...Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. S.S. Kamboj, Advocate and Mr. Manvir Singh Kamboj, Advocate Mr. Sushil Kumar Sharma, Advocate for the appellant(s).
Mr. Abhinash Jain, D.A.G., Haryana.
****
HARKESH MANUJA, J. (Oral)
CM No.2317-CI of 2023 in RFA No.792 of 2023 CM No.5078-CI of 2023 in RFA No.1769 of 2023 Prayer in these applications is for condonation of delay of 933 days in re-filing in filing the present appeals.
Notice of the applications was issued to the non-applicant/respondents on 09.10.2023 and 20.11.2023 respectively.
Having heard learned counsel for the parties and for the reasons mentioned in the applications, which makes out sufficient cause, the same are allowed. Accordingly, delay of 933 days in re-filing the present appeals is hereby condoned.
CM No.2316-CI of 2023 in RFA No.792 of 2023 CM No.5077-CI of 2023 in RFA No.1769 of 2023 CM No.1205-CI of 2024 in RFA No.426 of 2024 Prayer in these applications is for condonation of delay of 1714 and
3082 days in filing the respective appeals.
Notice of the applications was issued to the non-applicant/respondents on 09.10.2023 and 20.11.2023 respectively, however no reply has been filed.
Concededly, the other similarly situated landowners pertaining to the same acquisition proceedings have already been held entitled for the enhanced amount of compensation pertaining to the land situated in revenue estate of seven villages namely Rampur Seeyuri, Razipur, Surajpur, Manakpur Nanak Chand, Manakpur Thakur Dass, Lohgarh and Dhamala along with solatium and other statutory benefits. Based thereupon and applying the principle of parity, besides grant of just and fair compensation, the landowner(s)/applicant(s) being similarly situated are entitled for grant of similar amount of compensation, however, without any payment of interest for the period of delay in fling the present appeal. In this regard reliance can be placed upon the decision of Hon’ble Supreme Court in case of “Ningappa Thotappa Angadi (Dead) through LRs Vs. Special Land Acquisition Officer and Another” reported as “2020 (19) SCC 599” and the latest exposition of law laid down in MMoohhaarr SSiinngghh ((DDeeaadd)) TThhrroouugghh LLrrss.. && OOrrss.. VVss.. SSttaattee ooff UUttttaarr Pradesh Collector & Ors. reported as “2023 INSC 1019” whereby, delay of 12 years and 353 days was condoned to accord parity between similarly placed landowners albeit no interest was awarded for delayed period. The relevant portion thereof is extracted hereunder:-
“12. Having heard learned Senior Counsel for the parties and on perusal of the material placed on record, we are satisfied that the appellants are entitled to seek parity with their co-villagers in the grant of compensation for their acquired land. This Court has consistently held in a catena of decisions that the inordinate delay in filing appeal in compensatory matters, per se, may not be fatal as the rights and equities between the parties can be well balanced by denying the statutory benefits, such as interest for the delayed period. We are thus of the considered opinion that the delay in filing the first appeal(s) could be condoned subject to the condition that the appellants would not be entitled to enure undue benefit for the delayed period. We grant such indulgence in the appellant's favour also for the reason that a batch of first appeals at the instance of other land owners was still pending consideration before th
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