HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE CORPORATION LTD vs BALBIR - 2024-01-05

O R D E R

Leave granted.

2. Despite the notice served, none appears for the respondent. 3. Challenging the judgment rendered by the High Court the appellants have filed the present appeal. The specific challenge to the impugned order is with respect to awarding interest to the tune of 12% p.a. for the delayed period (3550 days) owing to the failure of the respondent in numbering the appeal. On a perusal of the impugned order, it appears that even for the said period, interest has been awarded by the High Court.

4. We find force in the submission made by learned counsel appearing for the appellants. We also take judicial notice of the fact that this Court on numerous other occasions did not choose to grant interest during the period of delay caused at the instance of the land owner/claimant as held in “K. Subbarayudu and Others vs. Special Deputy Collector (Land Acquisition)” reported in (2017) 12 SCC 840.

5. In such view of the matter, the impugned order is set aside insofar as the award of interest for the period of 3550 days is concerned and the same metric will apply to the enhanced compensation awarded along with solatium and other statutory benefits qua interest.

6. The appeal is accordingly allowed. No costs.

7. Pending application(s), if any, shall stand disposed of.

……………………………………………………J.

[M.M. SUNDRESH]

……………………………………………………J.

[S.V.N. BHATTI]

NEW DELHI;

JANUARY 5, 2024 ITEM NO.55 COURT NO.14 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) DIARY NO(S). 30459/2019

(Arising out of impugned final judgment and order dated 30-05- 2018 in RFA No. 2508/2018 (O & M) passed by the High Court Of Punjab & Haryana At Chandigarh)

HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE CORPORATION LTD & ORS. Petitioner(s)

VERSUS BALBIR Respondent(s)

(IA No. 195431/2019 - CONDONATION OF DELAY IN FILING IA No. 195434/2019 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 195437/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 05-01-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Alok Sangwan, Sr. A.A.G.

Mr. Sumit Kumar Sharma, Adv.

Mr. Samar Vijay Singh, AOR Mr. Vaibhav Yadav, Adv.

Mr. Vishnu Tallapragada, Adv.

Mr. Vipul Dahiya, Adv. Mr. Apoorv Yadav, Adv.

Mr. Rajat Sangwan, Adv.

Ms. Sabarni Som, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is allowed in terms of the signed order which is placed on the file.

Pending application(s) shall stand disposed of.

(KAVITA PAHUJA) (POONAM VAID)

COURT MASTER (SH) COURT MASTER (NSH)