Allowed

Barhami Deceased through Its Lrs. v. State of Haryana and Ors.

Punjab & Haryana HC5 Jan 2022RFA/2708/2021

Case brief

AI extract

What is this about?

The High Court allowed an application to condone the substantial delay in filing appeals concerning land acquisition awards. The court condoned the delay subject to a condition that appellants filing after 200 days are barred from claiming interest, relying on a prior judgment.

What did the court decide?

Delay in filing and refiling the appeals was condoned; conditionally permitted bringing late heirs on record and barred entitlement to interest for the period of delay.

Barhami Deceased through Its Lrs. Vs State of… — Land Acquisition | Punjab & Haryana HC (2022)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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RFA-2708-2021 (O&M) Date of decision: 05.01.2022 BARHAMI DECEASED THROUGH ITS LRS. ..Appellants Versus STATE OF HARYANA AND ORS. ..Respondents RFA-2709-2021 (O&M) RAMESH KUMAR AND ORS ..Appellants Versus STATE OF HARYANA AND ORS. ..Respondents RFA-2713-2021 (O&M) TALE RAM (DECEASED) THR LRS AND ANR ..Appellants

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Versus

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D.R.O. CUM LAND ACQUITISION COLLECTOR AND ORS

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..Respondents

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RFA-2714-2021 (O&M)

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RAJPAL (DECEASED) THROUGH HIS LRS AND ORS

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..Appellants

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Versus

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D.R.O. CUM LAND ACQUISITION COLLECTOR AND ORS

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..Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

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Present: Mr. Sudhir Hooda, Advocate for the landowners. Mr. Shivendra Swaroop, AAG, Haryana. Mr. Pritam S. Saini, Advocate for HSIIDC. ***

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ANIL KSHETARPAL, J (Oral)

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ASHOK KUMAR 2022.01.14 10:04 I attest to the accuracy and integrity of this document

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The hearing of the case is being held through video conferencing

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RFA-2708-2021 (O&M)

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on account of restricted functioning of the Courts.

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CM No.6144-CI of 2021 in RFA No.2708 of 2021

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The application is allowed.

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Legal heirs of late Smt. Barhami (appellant No.1) are permitted

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to be brought on record subject to all the just exceptions.

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Delay applications

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Reply to the application (CM-6142-CI of 2021 in RFA No.2708 of 2021) seeking condonation of delay is taken on record.

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These appeals have been filed along with applications to condone the delay of 1159, 1298, 798 and 1222 days in refiling the appeal and 89, 158, 395 and 94 days in filing the appeal. It is not in dispute that Notification under Section 4, 6, the award passed by the Land Acquisition

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Collector and the award passed by the Reference Court are common. The notification under Section 4 of the Land Acquisition Act, 1894 to acquire the land of the appellants is common with that of a bunch of appeals decided by

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the judgment passed in RFA No.3000 of 2016 (Jai Singh vs. State of Haryana and ors.), decided on 15.11.2021 .

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Keeping in view the aforesaid facts, the delay applications are

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allowed and delay in filing and refiling is condoned, subject to the condition

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that the appellants who filed the appeals after a period of 200 days shall not

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be entitled to any interest for the period of delay.

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ASHOK KUMAR 2022.01.14 10:04 I attest to the accuracy and integrity of this document

RFA-2708-2021 (O&M)

Main Cases

Learned counsel for the parties are ad idem that these appeals

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can be disposed of in terms of RFA No.3000 of 2016.

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Ordered accordingly.

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All the pending miscellaneous application(s), if any, are also

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disposed of.

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05.01.2022 ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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(ANIL KSHETARPAL) JUDGE

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ASHOK KUMAR 2022.01.14 10:04 I attest to the accuracy and integrity of this document

Barhami Deceased through Its Lrs. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Barhami Deceased through Its Lrs. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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