Santa vs State of Haryana

Harkesh Manuja, J

Thiss is an application for seeking condonation of delay of 1138 days in filiing the appeal. Notiice of application.

Mr. Abhinash Jain, DAG, Haryana accepts notice on behalf of behalf of non-applicants/respondents.

I haave heard learned counsel foor the parties and have gone through the papper-book.

A perusal of the contents of appplication show that delay in filing the apppeal mainly occurred on account of certain mis-communication between the applicants and their counsel which appears to be bona fidee. Moreover, in view of the laaw laid down by the Hon’ble Supreme Courrt in “Ningappa Thotappa Angadi vs. Special Land Acquisition Office reported as 2020(19) SCC 599, applying the principles of parity besides just and fair com pensation, once the appeals arising out the same acquisition pertaining to other landowners have already been allowed by this Court, the applicants are also entitled for the same relief except interest for the period of delay.

In view of the above, the delay of 1138 days in filing the appeal is hereby condoned, however, the applicant-appellant shall not be entitled to interest for the delayed period.

MAIN CASE

[1] By way of present appeal, challenge has been laid to the Order dated 04.08.2016 passed by the learned Addl. District Judge, Faridabad-cum-Reference Court whereby Reference Petition under Section 18 of the Land Acquisition Act, 1894 (for short ‘the 1894 Act’) preferred at the instance of appellants/landowners was partly allowed while awarding compensation @ Rs.1870/- per square yard qua the acquired land along with other statutory benefits/interest in their favour.

[2]. Learned counsel for the parties are ad idem that the matter with respect to the determination of market value stands finally adjudicated upon by the Hon’ble Apex Court vide its decision dated 14.07.2021 passed in Civil Appeal No.2903 of 2021 titled as “Banwari Lal and another vs. State of Haryana and ors.” whereby the similarly situated landowners pertaining to the same acquisition proceedings related to the land situated in revenue estate i.e. Bhatola, Tehsil and District Faridabad, have been held entitled for the enhanced amount of compensation @ Rs.2558/- per square yard, respectively along with solatium and other statutory benefits.

[3]. In view of the above as well as on account of agreed stand taken by both the sides on facts and applying the principle of parity, besides grant of just and fair compensation, the present appeal is partly allowed in terms of the aforementioned decision i.e. Banwari Lal and Another’s case (supra) and the appellants are held entitled for similar amount of compensation as has been awarded to other similarly situated landowners, along with all statutory benefits and interest available under the amended provisions of Land Acquisition Act, 1894 as applicable to the present acquisition.

[4]. Pending application(s), if any shall also stand disposed of.