Mukesh Kumar Gupta And Anr vs State Of Haryana And Ors
2022 Latest Caselaw 7433 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

261
                                                     RFA-3092-2018(O&M)
                                                 Date of decision: 21.07.2022

MUKESH KUMAR GUPTA AND ANR                                 ..Appellants
                     Versus

STATE OF HARYANA AND ORS                                   ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Ashok Kaushik, Advocate for Mr. Tushar Gautam, Advocate for the appellants.

Ms. Vibha Tewari, AAG, Haryana.

ANIL KSHETARPAL, J(Oral) CM-6790-CI-2018

The prayer is to condone the delay of 977 days in filing the

appeal. The Reference Court by a common award dated 06.04.2015, decided

the cases filed under Section 18 of the Land Acquisition Act, 1894. Various

other owners preferred appeals which were decided on 10.12.2015 while

delivering judgment in Regular First Appeal No.1255 of 2014, titled as

"Mukesh Kumar Vs. State of Haryana and other", as the lead case. The

appeals filed by the landowners were dismissed. The aforesaid other

landowners filed appeals before the Supreme Court in which there was some

enhancement in the amount. The Supreme Court decided the matter on

08.11.2017, whereas, the present appeal has been filed on 14.03.2018. It has

been stated that when the appellants went to the Land Acquisition Collector

for receiving the enhanced compensation then they came to know that no

appeal was preferred them before the High Court. In fact, the High Court has

never enhanced the compensation for the compulsory acquisition of the land.

The appellants do not claim that they ever filed any appeal before the

1 of 2

RFA-3092-2018(O&M) -2-

Supreme Court. The appellants have failed to furnish any plausible

explanation seeking condonation for a huge delay of nearly 2 and half years.

It is not in dispute that all the connected appeals came to be decided on

10.12.2015, whereas, this appeal was filed in the month of March, 2018.

Hence, the application for condoning the delay is dismissed.

Consequently, the appeal is also dismissed.

All the pending miscellaneous applications, if any, are also

disposed of.

July 21st, 2022                                       (ANIL KSHETARPAL)
Ay                                                          JUDGE

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




                                       2 of 2