RFA No. 1 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH RFA No. 1 of 2011 (O&M) Date of Decision: 20.04.2011 State of Haryana and others ...Appellants Versus Sher Singh and another .....Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. D.D. Gupta, Additional Advocate General, Haryana. Mr. Jagjeet Beniwal, Advocate for the respondents in RFA No.1 of 2011. ..... RAJESH BINDAL, J. This order will dispose of three appeals bearing RFA Nos. 1 to 3 of 2011 as same question of facts and law are involved therein. The State has filed appeals seeking reduction in the amount of compensation. Facts have been extracted from RFA No. 1 of 2011. Briefly, the facts are that State of Haryana vide notification dated 2.4.2002 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') sought to acquire land situated within the revenue estate of Village Tikan Kalan, Tehsil Dadri, District Bhiwani for construction of Dhani to Tikan Kalan Road. Notification under Section 6 of the Act was issued on 25.03.2003. The Land Acquisition Collector (for short, the Collector) vide award dated 25.08.2004 assessed the market value of the acquired land. Feeling dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned Court below partly allowed the petition, filed by the landowners. This is an appeal filed by the State impugning the award of the learned court below dated October 17, 2008, whereby on account of acquisition of land for the purpose of construction of road, compensation RFA No. 1 of 2011 2 was enhanced. In addition thereto, learned court below also directed for payment of interest for the period from the date, the possession of land was taken i.e. in the year 1973 till the payment of the compensation. Along with the appeal, an application seeking condonation of delay of 610 days in filing thereof has been filed. It is stated in the application that initially the Legal Remembrancer opined the case to be not fit for filing appeal vide memo dated 19.12.2008. After receiving advice from the Legal Remembrancer, Haryana, the case was sent to the Government vide letter dated 16.04.2010 for sanction for payment of interest. On this, Financial Commissioner & Principal Secretary to Government of Haryana vide memo dated 21.05.2010, rejected the sanction and directed the Department to file appeal. Still thereafter, the present appeal was filed before this court on 4.10.2010 i.e. more than four months even after the direction of the Financial Commissioner to file the appeal. The facts stated in the application seeking condonation of delay of 610 days in filing the appeal can hardly be said to be sufficient. The Legal Remembrancer had opined the case unfit for filing the appeal on 19.12.2008, thereafter, the Financial Commissioner rejected the sanction for payment of interest on the amount of compensation awarded and directed for filing the appeal. This can hardly said to be a good ground for condoning huge delay. Accordingly, the application seeking condonation of delay in filing the appeal is dismissed. Consequently, the appeals and other accompanying applications are also dismissed. (RAJESH BINDAL) JUDGE 20.04.2011 sharmila