RFA No. 5632 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No. 5632 of 2008 Date of decision: 05.09.2009 Kanshi Ram ....Appellant Versus The Land Acquisition Officer and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Sanjay Mittal, Advocate, for the appellant. Mr. Vivek Lamba, AAG, Haryana. ***** VINOD K. SHARMA, J (ORAL) CM No. 12099-CI of 2008 This application under Section 5 of the Limitation Act has been moved for condoning the delay of 120 days in filing the appeal. It has been averred in the application, that the delay has occurred, as the certified copy of the award was mis-placed in the office of the counsel for the applicant-appellant, which could be located in the month of June, 2008. Immediately thereafter, the appeal was filed. It is pleaded that it was on account of the fault in the office of the counsel that delay of 120 days occurred in filing the appeal, for which the applicant-appellant could not suffer. Notice of the application was given. However, no reply has RFA No. 5632 of 2008 (O&M) -2- been filed. The averments made in the application, therefore, go unrebutted. For the reasons stated in the application, CM is allowed and the delay of 120 days in filing the appeal is condoned. RFA No. 5632 of 2008 With the consent of the parties, appeal is taken up for hearing. This appeal is dismissed in view of the decision by this Court in LPA No. 387 of 2001 titled Pawan Kumar and others Vs. Land Acquisition Collector decided on 17.4.2006. (Vinod K. Sharma) Judge September 05, 2009 R.S.