CM No.7293-CI of 2010 1 in/and RFA No.2984 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:18.07.2011 Sumer Singh ....appellant Versus Government of Haryana & ors. .....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.Mukesh Yadav, Advocate for the petitioner *** RAKESH KUMAR GARG, J.(ORAL): At the outset, learned counsel for the appellant/applicant states that there is a typographical error as the date of Award passed under Section 18 of the Land Acquisition Act is 04.10.2005 and not 29.03.2008 and the same be allowed to be corrected. At his oral request, the correction is ordered to be made and the date of Award passed by reference court be read as 04.10.2005 in stead of 29.03.2008. CM No.7293-CI of 2010 This appeal has been filed by the claimant challenging the impugned award on the ground that the compensation determined for their CM No.7293-CI of 2010 2 in/and RFA No.2984 of 2010 acquired land is inadequate and the same is liable to be enhanced. There is a delay of 1416 days in filing this appeal. The averments made in the application for condonation of delay read thus: That the land of the applicant/appellant has been acquired vide Notification u/s 4 dated 21.07.1998. Reference under Section 18 of the Land Acquisition Act filed by the appellant has been decided by ld.the Addl.District Judge, Narnaul, vide order dated 29.03.2008 after enhancing the compensation marginally. That at the time of order passed by the ld.Reference court on dated 29.03.2008, the other persons had filed the appeal against the said order but applicant/appellant and other persons were under the impression that it is not necessary to file appeal against the award as they will get the enhanced compensation automatically as and when the Hon'ble High Court enhance the compensation. That when the applicant/appellant got information that he will have to file separate appeal for enhancement in the compensation, he at once applied for the order and is now filing the present appeal with a delay of 1416 days occurred. That the delay of 1416 days in filing the present appeal is unintentional and bona fide. The explanation submitted by the applicant/appellant is hardly sufficient to condone the delay. Even otherwise, admittedly the Regular First Appeals challenging the impugned Award passed by the CM No.7293-CI of 2010 3 in/and RFA No.2984 of 2010 reference Court have already been decided by this Court. In this view of the matter, I find no ground to condone the delay. Application for condonation of delay is dismissed. Consequently, the appeal, which is hopelessly time barred, is also dismissed. (RAKESH KUMAR GARG) JUDGE 18.07.2011 neenu