IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No.120 of 2011 in/ and LPA No.37 of 2011(O&M) Date of decision: 05.05.2011 Prem Singh @ Yadhuvana Chaprana and others …..Appellants versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Ram Bilas Gupta, Advocate for the appellants Jasbir Singh, J. (Oral) This order will dispose of C.M. Nos.116 of 2011 in LPA No.36 of 2011, 120 of 2011 in LPA No.37 of 2011, 227 of 2011 in LPA No.78 of 2011 and 233 of 2011 in LPA No.79 of 2011, involving similar questions of law and facts. For the purpose of dictating order, facts are being mentioned from C.M. No.120 of 2011 in LPA No.37 of 2011. As per facts on record, vide notification under Section 4 of the Land Acquisition Act, 1894 (in short, the Act) issued on 22.8.1988, the respondent-State proposed to acquire land measuring 132.06 acres, including land of the applicants-appellants. After issuance of a declaration under Section 6 of the Act, an award was passed on 30.3.1990. The Land Acquisition Collector assessed compensation for the Chahi land @ ` 3,50,000/- per acre, regarding Gair Mumkin etc., compensation was C.M. No.120 of 2011 in/ and LPA No.37 of 2011(O&M) assessed @ ` 1,50,000/- per acre. Applicants then moved an application under Section 18 of the Act for enhancement of compensation and vide award dated 14.1.1992, the Competent Court awarded compensation @ ` 101/- per square yard for the entire land. The applicants filed a Regular First Appeal No.1881 of 1992 in this Court. Similar appeals were also filed by many other right holders. The State has also filed an appeal, challenging enhancement of compensation by the Court below. All those appeals, including an appeal filed by the applicants, came up for consideration before the learned Single Judge of this Court and vide a common judgment dated 24.12.1993, passed in RFA No.1370 of 1992 (Krishan Lal v. State of Haryana and another.), this Court dismissed all the appeals filed by the land owners and also by the State of Haryana. Against that order, some of the land owners went in appeal and vide judgment dated 27.7.2005, passed in LPA No.920 of 1994 titled as Horam v. Haryana State and another, a Division Bench of this Court enhanced compensation @ ` 200/- per square yard for the land under acquisition. As per information supplied, the State of Haryana went in appeal before the Hon’ble Supreme Court, which was dismissed. It is not in dispute that the applicants did not file any appeal against the judgment passed by the learned Single Judge on 24.12.1993. They kept on sleeping and woke up only when this appeal along with application for condonation of delay was filed in the month of October 2010 i.e. after a period of 6102 days. It is not in dispute, rather, admitted at the time of arguments by counsel for the applicants that many other land owners filed several appeals alongwith applications for condonation of delay, with regard to the acquisition in question. Those applications and appeals were dismissed by 2 C.M. No.120 of 2011 in/ and LPA No.37 of 2011(O&M) this Court vide order dated 11.1.2010, passed in CM No.1044 of 2010 in/ and LPA No.378 of 2010, titled as Puran v. State of Haryana and others. Counsel for the applicants has failed to distinguish the judgment passed in the above said case, qua other land owners, who are similarly situated. Rather in this case, delay is more as compared to the case of Puran’s (supra), which was to the extent of 5822 days. In view of ratio of judgment in Puran’s case (supra), no case is made out for interference and for condonation of delay. Accordingly, the application for condonation of delay as also the appeal stand dismissed in terms of an order passed in Puran’s case (supra). (Jasbir Singh) Judge 05.05.2011 (Rakesh Kumar Garg) gk Judge 3