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Judgment
Swatanter Kumar, J.
CM No. 2812/CT/99
For the reasons stated in this application, which is supported by an affidavit, the same is allowed. Delay in refiling the appeal is condoned.
CM stands disposed of.
CM 2813/CI/99
Learned counsel appearing for the Chandigarh Administration opposes the condonation of 121 days'' delay in filing the present appeal. However, for the reason stated in the application, which is supported by an affidavit, and primarily keeping in view the fact that the connected regular first appeals have been finally heard and judgment has already been pronounced during the pendency of this appeal, I would consider it appropriate to condone the delay of 121 days in filing the present appeal. The claimants claimed to be unemployed having no source of income and had no regular contact with their counsel. Resultantly, they could not file the present appeal in time. It must also be noticed that Chandigarh Administration has also filed appeal which was barred by time and the delay in filing the said appeal had already been condoned. Following the principles enunciated by the Hon''ble Supreme Court of India in the case titled as N. Balakrishnan Vs. M. Krishnamurthy, , I would condone the delay of 121 days in filing the present appeal, as sufficient cause has been shown for condonation of delay.
Consequently, delay of 121 days in filing the appeal is condoned.
CM stands disposed of.
CM No. 2814/CI/99
CM No. 2814/CI/99 is allowed subject to just exceptions. Legal representatives of deceased Om Parkash, as stated in paragraph 2 of the application, are permitted to be brought on record. Registry to carry out necessary correction in the memo of parties.
CM stands disposed of.
RFA No. 1483/1999
Admit. The above regular first appeal arises from the notification u/s 4 of the Land Acquisition Act (hereinafter referred to as the Act) dated 25.5.1989 in relation to the acquisition of the land in village Manimajra for development of Pocket No. 4. This regular first appeal is squarely covered by the facts and circumstances of regular first appeal No. 2879 of 1998 titled as Surinder Singh v. U.T. Chandigarh decided on 27.5.1999 by this court, relating to the same notification in relation to the acquisition of the land in the same village. For the reasons stated in the case of Surinder Singh (supra), the appeal preferred by the claimants is partly accepted. The claimants would be entitled to receive compensation at the rate of Rs. 4,01,753/- per acre. There shall be no order as to costs.