STATE OF HARYANA Vs. MALKIT SINGH

JUDGEMENT

(1.) THIS order will dispose of RFA Nos. 6684 to 6712 of 2012, as the same arise out of common acquisition. However, the facts have been extracted from RFA No. 6684 of 20,12.

(2.) THE State is in appeal impugning the award of the learned Reference Court dated, 30.9.2010, whereby the compensation payable to the landowners for the acquired land was enhanced. Along with the appeal, an application seeking condonation of 707 days in filing thereof has also been filed.

(3.) LEARNED counsel for the State submitted that delay in filing of the appeal occurred on account of lapse on the part of the officer concerned. However, on that count the State should not be made to suffer. The District Revenue Officer and the Staff posted in the District Revenue Officer, Ambala, at the relevant time did not take any step for filing the appeal, however, when the notice was received in the execution petition on 31.10.2012, the necessary action was taken to file the appeal. He further submitted that in case the delay is not condoned, the State will surfer huge loss as the amount of compensation will be paid to the landowners which they do not deserve. He further submitted that on account of lapse, initially notices were issued to kanoongo and patwari, however, after the order was passed by this court on 2.7.2013, now the notices have been issued to Gurdial Singh, retired District Revenue Officer -cum -Land Acquisition Collector, Ambala and Satish Bhardwaj, the present District Revenue Officer.