RFA No. 2313 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CM Nos. 6468-69-CI of 2009 in RFA No. 2313 of 2009 (O&M) Date of Decision : 25.11.2009 Gurmeet Singh & another .......... Appellants Versus The State of Punjab & another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Naresh Kaushal, Advocate for the applicant / appellants. Mr. R.L. Gupta, Addl. A.G. Punjab. **** VINOD K. SHARMA, J. (ORAL) CM No. 6468-CI of 2009 This is an application for exemption from filing certified copy of award dated 9.6.2007. For the reasons stated in the application, C.M. is allowed, the filing of copy of award dated 9.6.2007, is dispensed with. CM No.6469-CI of 2009 This application under Section 5 of the Limitation Act has been moved for condoning the delay of 565 days in filing the appeal. It has been averred in the application that the delay has occurred due to the fact that the applicant / appellants were under the impression that appeal on behalf of appellant had also been filed along with RFA No. 2313 of 2009 2 the connected appeals, arising out of the award. The applicant immediately, on coming to know that the appeal has not been filed, approached this Court. In this process delay of 565 days has occurred. It is contended by the learned counsel for the applicant / appellants that the appeals filed by the other landowners, whose land was acquired along with the applicant / appellant stands allowed by this Court, therefore, it would be great injustice to the applicant / appellants, in case, the delay is not condoned, as they would be denied adequate compensation for their land. Notice of the application was given. No reply has been filed. The averments made, therefore, go unrebutted. The averments made in the application make out sufficient cause for condonation of delay. This application is accordingly allowed, delay of 565 days in filing the appeal is condoned. RFA No. 2313 of 2009 This regular first appeal has been filed by the appellants against the award passed by the learned Addl. District Judge, Rupnagar, on a reference made by the landowners for enhancement of compensation. Reference Court had fixed the compensation payable for the acquired land @ Rs. 17,00,000/- ( Rupees seventeen lacs only ) per acre along with other statutory benefits under the Land Acquisition Act. In order to assess the compensation payable the reliance was placed on the award passed by the learned reference Court in the case of Surjit Singh Vs. State of RFA No. 2313 of 2009 3 Punjab. It is the case of the parties that in the case of Surjit Singh Vs. State of Punjab (supra) the appellants had challenged the award passed by the learned reference Court, in this Court and the appeal filed by Surjit Singh was allowed by this Court on 2.3.2009 and the compensation for the land was enhanced from Rs. 17,00,000/- (Rupees seventeen lacs only) to Rs. 19,85,700/- (Rupees nineteen lac eighty five thousand and seven hundred only) per acre. It is also not in dispute that the case of the appellant is squarely covered by the decision of this Court in the case of Surjit Singh Vs. State of Punjab (supra). In view of the decision of this Court, referred to above, this appeal is allowed, the compensation payable to the appellant / landowners is enhanced to Rs. 19,85,700/- (Rupees nineteen lac eighty five thousand and seven hundred only) per acre. The appellant / landowners shall also be entitled to all statutory benefits like solatium and interest etc. on the enhanced compensation in accordance with law. No costs. 25.11.2009 ( VINOD K. SHARMA ) 'sp' JUDGE