DHARAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal filed under Section 54 of the Land Acquisition Act, 1894 (in short 'the Act') is directed against the award of the Reference Court, Karnal dated 02.02.1993. The appeal is barred by as many as 9380 days (around 23 years) in filing the same. The original land owner Dharam Singh has also died way back on 15.10.2000. Thereafter, one of his son namely Surjit Singh also died on 12.01.2012 and resultantly, an application for bringing on record his legal representatives has also been filed so that the appeal can be pursued.

(2.) Counsel has only submitted that the matter is covered by the judgment of this Court in RFA No. 343 of 1992, Siri Ram vs. State of Haryana , decided on 01.08.2011 (Annexure A-1) and, therefore, the delay may be condoned while denying the interest for the period of delay.

(3.) The said argument is not tenable. As noticed, the aforesaid judgment is of the year 1993. Thereafter, no effort was made by Dharam Singh to pursue the case and take it to its logical end whereas similarly situated land owners had got the higher compensation @ Rs.51/-per square yard whereas the present applicant-appellants have only got Rs.41/- per square yard. Counsel for the appellant has relied upon the judgments of the Apex Court in Imrat Lal and others vs. LAC and others, 2014 (14) SCC 133, Dhiraj Singh (D) through L.Rs. and others vs. Haryana State and others , 2015 (1) SCC (Civil) 236 and Samiyathal and others vs. Special Tehsildar and others , 2015 (2) RCR (Civil) 441 to submit that the interest benefit can be denied.