AJAY PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) We have heard Mr. Nidesh Gupta, learned senior Counsel for the Petitioners in S.L.P. (C) No. 4869 of 2007. There is a delay of 4464 days in filing of the special leave petition, which we condone in the facts of the case, since the rate of compensation in the acquisition proceedings was challenged by the majority of the land holders, including the Petitioners herein, who after moving the learned Single Judge of the High Court, went on to file Letters Patent Appeals against the orders of the learned Single Judge. Subsequently, the Full Bench of the High Court held that such Letters Patent Appeals were not maintainable and, accordingly, the appeals, which had been filed by the Petitioners herein, were dismissed on the ground of maintainability. Other claimants, however, moved this Court and subsequently, the rate of compensation was raised to Rs. 200/- per square yard. The Petitioners also stand more or less on the same fooling, but are in a disadvantageous position because their Letters Patent Appeals were dismissed. It is for such reason that we condone the delay of 4464 days in filing of the special leave petition in this case.

(2.) Leave granted.

(3.) It has been submitted by Mr. Nidesh Gupta, learned senior Counsel appearing for the Appellants, that before the Full Bench of the High Court came to hold that Letters Patent Appeals were not maintainable, the Division Bench of the Punjab and Haryana High Court had, in L.P.A. No. 920 of 1994, filed by one Horam, son of Budha, held that the Appellants were entitled to compensation at the rate of Rs. 200/- per square yard for the acquired land. The said order had been challenged by the State before this Court in S.L.P. (C) No. .... CC 34672 of 2006, and was dismissed on 4th July, 2006. Following the said dismissal in many of the matters, which were subsequently taken up in first appeal by the High Court, the said compensation of Rs. 200/- per square yard was duly maintained.