[Cites 3, Cited by 0]
Punjab-Haryana High Court
Ganpat Singh (Deceased) Through Lrs vs State Of Haryana And Ors on 12 January, 2026
132
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RFA No. 3396 of 2019 (O&M)
Date of Decision: 12.01.2026
Ganpat Singh (deceased) through LRs
...Appellants
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. P.R. Yadav, Advocate
for the appellants.
Mr. Abhinash Jain, Deputy
eputy Advocate General, Haryana
Service qua respondent No. 4 stands dispensed with
vide order dated 19.09.2019.
****
HARKESH MANUJA, J. (ORAL)
CM No. 8280-CI
8280 of 2019
Prayer in the present application is for condonation of
delay of 2931 days in filing the appeal.
Notice of the application was issued on 19.09.2019.
No reply has been filed; however, llearned State Counsel
vehemently opposes the prayer made in the application.
I have heard learned counsel for the parties and gone
through the contents of the application.
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 acquired land falling in the same revenue estate, i.e. Village
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Pataudi, Tehsil and District Gurgaon, to the tune of Rs. 20 lakhs
per acre, in view of judgment/order dated 22.09.2015 passed by this
Court in a bunch of appeal, lead case of which was RFA No. 5309 of
2011, titled "Janki Devi and others Versus State of Haryana and
others".
Based thereupon and applying the principle of parity,
besides grant of just and fair compensation, the
landowners/applicants being similarly situated are held entitled for
grant of similar amount of compensation, however, without any
payment of interest for the period of delay in filing 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 in
Mohar Singh (Dead) Through Lrs. & Ors. Vs. State of Uttar
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
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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 the High Court. All
that the High Court ought to have emphatically denied
to the late-comers was the benefit of interest including
on the solatium, under Section 34 of the Act for the
period from the date of passing of the award by the
Reference Court till the filing of the first appeals."
In view of the discussion made hereinabove as well as
contents of the application, the same is allowed and delay in filing, as
mentioned above, is hereby condoned. However, the applicants shall
not be entitled for interest for the period of delay in filing the appeal.
MAIN APPEAL
At the outset, learned counsel for the appellants submits
that the present appeal is squarely covered by the judgment dated
22.09.2015 passed by this Court in a bunch of appeals, lead case of
which was RFA No. 5309 of 2011, titled "Janki Devi and others
Versus State of Haryana and others", whereby the market value of
the land was fixed at the rate of Rs. 20 lakhs per acre acquired vide
notification dated 04.11.2003 issued under Section 4 of the Land
Acquisition Act, 1894.
[2] On the other hand, learned State Counsel is not in a
position to controvert the above factual position.
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[3] After going through the judgment passed in Janki
Devi's case (supra) as well as the present case, this Court agrees
with the assertion of the learned counsel for the appellants.
[4] Consequently, the present appeal is disposed off in the
same terms as Janki Devi's case (supra).
[5] It is further added that the appellants shall not be
entitled to interest for the period of delay in filing the appeal.
[6] Pending miscellaneous application(s), if any, shall
stand(s) disposed off.
January 12, 2026 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking / Reasoned : Yes No
Whether Reportable : Yes No
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