R.F.A. No. 2431 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 2431 of 2010 (O&M) Date of decision: 28.4.2011 Rati @ Ratti Ram and others .. Appellants v. The State of Haryana and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Rahul Vats, Advocate for the appellants. Mr. D. D. Gupta, Additional Advocate General, Haryana. ... Rajesh Bindal J. Challenge in the present appeal is to the award dated 6.8.2004, passed by the learned court below, seeking enhancement of compensation for the acquired land. Along with the appeal, an application seeking condonation of delay of 1818 days in filing thereof has also been filed. Briefly, the facts of the case are that vide notification dated 17.5.1990, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), the land situated in the revenue estate of village Fazilpur, District Sonepat was sought to be acquired for residential and commercial area in Sector 12, Sonepat. The same was followed by notification dated 16.5.1991, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') assessed the market value of the acquired land @ ` 1,80,000/- per acre and ` 1,30,000/- per acre for specific khasra numbers. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land @ ` 120/- per square yard and ` 100/- per square yard for the specific khasra R.F.A. No. 2431 of 2010 [2] numbers. It is this award, which is impugned in the present appeal. Learned counsel for the appellants sought to argue that there was delay in filing the appeal on account of the fact that Mange Ram, who was the original owner, died issueless on 16.5.1998, after the issuance of notification under Section 4 of the Act. His two brothers, namely, Khem Chand @ Khem Lal and Risal Singh expired on 21.6.2002 and 22.9.2008 respectively. Khem Chand left behind three sons and Risal Singh left behind widow and a son. The present applicants-appellants are the only legal heirs of deceased-Mange Ram. It was on account of the aforesaid bereavements in the family that the case could not be taken care of, as the information regarding its pendency was not passed on to other members of the family. Record of the case of the court below was summoned on the last date of hearing. Today the same has been perused, which shows that the present applicants-appellants had filed application dated 16.10.2002 before the learned court below seeking to implead themselves as legal heirs of deceased-Khem Lal @ Khem Chand. All the land references had been decided together by the court below. The aforesaid fact clearly establishes that the present applicants-appellants had complete knowledge of the pendency of land references before the court below. To claim that they could not pursue the same at the relevant time because of bereavement in the family cannot be accepted. The reasons given in the application seeking condonation of delay are totally misconceived. Accordingly, the application for condonation of delay is dismissed. Consequently, the appeal is also dismissed. ( Rajesh Bindal ) Judge 28.4.2011 mk