CM No.4011-CI of 2011 1 in/and RFA No.1671 of 2011(O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.4011-CI of 2011 in/and RFA No.1671 of 2011(O & M) Date of Decision:28.07.2011 Smt.Oma ....appellant Versus State of Haryana through Land Acquisition Collector .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.R.S.Longia,Advocate for the appellant *** RAKESH KUMAR GARG, J.(ORAL): The present appeal has been filed after a delay of 3280 days. Along with this appeal, an application for condonation of aforesaid delay has been filed. The averments made in this application read thus: That after the decision of the learned Additional District Judge, Ambala, certified copy of the award was applied on 06.11.2001, which was prepared on 12.11.2001 and applicant took delivery on 05.12.2001. After receipt of certified copy, the applicant handed over the papers of the case for filing appeal in this Hon'ble High Court to Sh. Lala Faquir Chand Aggarwal, Advocate on 05.12.2001 itself for enhancement of compensation. Fee and CM No.4011-CI of 2011 2 in/and RFA No.1671 of 2011(O & M) expenses for filing the appeal were also given to him on 06.12.2001. The appellant was assured by Sh. Aggarwal the appeal will be filed within two-three days and she will be informed or called as and when required. Since, all other criminal cases for the family and relatives of the appellant were with Sh. Aggarwal, the appellant and her husband had full father and trust in him. After some time when the husband of the appellant enquired from Sh. Aggarwal about filing of the appeal, he was told that he has not to worry, the appeal has already been filed by the advocate to whom he has further entrusted the papers for filing appeal in this Hon'ble Court. Therefore, the appellant and her husband bonafide believed that their appeal has been filed in this Hon'ble Court. The husband of the appellant even handed over him the notice received in RFA No. 783 of 2002 State Vs. Oma filed by the respondent State against the impugned award and he was told that the same advocate will conduct the state appeal as well. That the impugned award was challenged by number of other land owners by filing appeals in this Hon'ble Court for enhancement of compensation. The State of Haryana also challenged the impugned award by filing number of appeals for reduction of amount of compensation. The aforesaid appeals, being RFA's Nos. 875/02, 877 to 881 of 2002, 922, CM No.4011-CI of 2011 3 in/and RFA No.1671 of 2011(O & M) 1200, 1361, 1411 to 1413,1415, 1240, 1241, 1670 of 2002 filed by the claimants for enhancement of compensation and RFA's Nos. 780 to 793 of 2002 filed by the State of Haryana, came up for regular hearing before Hon'ble Mr. Justice Rajesh Bindal and the same were decided on 11.11.2010. The appeals filed by State of Haryana stands dismissed and those filed by the claimants stand allowed. The compensation awarded by the learned Additional Distt. Judge Ambala at the rate of Rs. 1,10,000/- per acre has been enhanced to Rs. 1,50,000/- per acre. That in the meantime Late Sh. Faquir Chand Aggarwal Advocate died on 19.08.2007. The appellant and husband of the appellant came to know the fact of decision of the appeals made by this Hon'ble Court in the aforesaid appeals from other land owners only on 26.12.2010. The appellant and her husband immediately tried to verify about the fate of her appeal. However, this Hon'ble High Court was closed on account of winter vacation with effect from 25.12.2010 to 02.01.2011. Therefore, they contacted Sh. R.S. Longia, Advocate, who was the counsel for the land owners in the other appeals being RFA Nos. 1411, 1412, 1413 and 1415 of 2002, who made him available copy of the cause list on which the aforesaid appeals were listed at regular No. 1405, from perusal of which the applicant found that there was no appeal listed with the title of Smt. Oma Vs. CM No.4011-CI of 2011 4 in/and RFA No.1671 of 2011(O & M) State of Haryana, instead the appeal being RFA No. 783 of 2002, State of Haryana vs. Smt. Oma was found listed in the aforesaid appeals. He immediately verified from the office of Advocate General Haryana as to whether there was any appeal pending or decided with the aforesaid title of Smt. Oma Vs. State of Haryana arising out of the impugned award. After a thorough check up of record of land acquisition appeals of the Ambala district it was found that there was no such appeal pending or decided in their record. A further effort was made to check up from the High Court but no such appeal has been found having been filed, pending or decided. Therefore, the appellant and her husband have been fully satisfied and bonafide believe that the appeal on behalf of the appellant has actually not been filed. That the appellant approached one Sh. Rameshwar Ahluwalia, Advocate in the District Court, Ambala who advised her to get a fresh certified copy of the impugned award and file an appeal now. Accordingly, an application for a fresh certified copy of the impugned award was made on 06.01.2011 which was returned on 09.01.2011 with the report that the file along with the record of the case has been sent to this Hon'ble High Court on 26.10.2010 and therefore the copies of award cannot be supplied. The applicant was informed about this fact on 16.01.2011 when her husband contacted Sh. CM No.4011-CI of 2011 5 in/and RFA No.1671 of 2011(O & M) Rameshwar Ahluwalia, Advocate at Distt. Court Ambala who advised him to obtain certified copy of the award from the High Court itself. Accordingly, the husband of the applicant again contacted and engaged Sh. R. S. Longia Advocate to arrange a certified copy of the impugned award from the High Court and to file the accompanying appeal with the present application for condonation of delay. That an application for certified copy of the impugned award was accordingly made in the office of this Hon'ble Court on 18.01.2011 and the same were prepared and only an attested copy has been supplied on 21.01.2011, 22.01.2011 and 23.01.2011 being Saturday and Sunday were consumed in preparing the appeal which is being filed on Monday i.e. 24.01.2011 without any further delay. In this process a delay of 3280 days have taken place in filing the present appeal which was totally unintentional and bonafide. It will cause a great prejudice and injustice to the appellant if she is deprive of the just and proper compensation for acquisition of her agriculture land despite every genuine effort on her part for filing appeal within limitation in this Hon'ble Court for enhancement of compensation. The appellant did everything whatever was expected for her for filing an appeal in this Hon'ble Court within limitation. A perusal of the averments made would show that CM No.4011-CI of 2011 6 in/and RFA No.1671 of 2011(O & M) appellant was totally casual and negligent in pursuing her remedy. As per her own averments she engaged Sh. Fakir Chand Aggarwal, Advocate, on 05.12.2001, but never made inquiries regarding the status of her case till she came to know about the decision of the other appeals on 11.11.2010. No premium can be given to the appellant for her own wrongs. Thus,no ground can be made to condone such a huge delay, in the instant case and therefore the prayer for condonation of delay of 3280 days is rejected. Since the application for condonation of delay is rejected, this appeal is also dismissed being time barred. (RAKESH KUMAR GARG) JUDGE 28.07.2011 neenu