Mahabir (Now Deceased) vs. The State Of Haryana

Court:Supreme Court of India
Judge:Hon'ble A.M. Khanwilkar, Abhay S. Oka
Case Status:Disposed
Order Date:2 May 2022
CNR:SCIN010055012022

AI Summary

Get an AI-powered analysis of this court order

Order Issued After Hearing

Purpose:

Case Registered

Listed On:

2 May 2022

Original Order Copy

Get a certified copy of this order

Download True Copy

Order Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2022 (Arising from the SLP(C) No. of 2022) (Diary No(s). 5501/2022)

MAHABIR (NOW DECEASED) Appellant(s)

VERSUS

THE STATE OF HARYANA & ORS. Respondent(s)

CIVIL APPEAL NO. OF 2022 (Arising from SLP(C) No. of 2022) (Diary No(s). 6852/2022)

CIVIL APPEAL NO. OF 2022 (Arising from the SLP(C) No. of 2022) (Diary No(s). 5678/2022)

O R D E R

Delay in filing special leave petition(s) is condoned on clear understanding that the final relief that will be granted to the appellant(s) would be conditional and no interest would be provided to the concerned appellant(s) for the period of delay of 192, 202 and 199 days in filing the special leave petition(s) respectively.

Learned counsel for the appellant(s), in all fairness, accepts this condition.

Accordingly, delay is condoned.

Leave granted.

Learned counsel for the appellant(s) has relied on appeals pertaining to the decision of this Court passed in Civil Appeal No. 2903 of 2021 and connected cases titled as "Banwari Lal & Anr. vs. State of Haryana & Ors. and connected cases", decided on 14th July, 2021.

Learned counsel for the respondent/State, in all fairness, submits that the subject lands involved in these appeals would be covered by the enhancement given to the land owners in the aforesaid appeal(s).

Accordingly, the present appeal(s) are disposed of on the same terms, except that appellant(s) will not be entitled for the interest on the enhanced amount and solatium and other components for the period of delay, referred to above in pursuing the appeal(s) before this Court.

The rest of the relied upon order to apply as

2

it is.

This order is an indulgence shown to the appellant(s) regarding condoning "unexplained long delay" in filing the present proceedings.

Pending applications, if any, stand disposed of.

....................,J. (A.M. KHANWILKAR)

....................,J. (ABHAY S. OKA)

NEW DELHI MAY 02, 2022.

ITEM NO.41 COURT NO.3 SECTION IV-B

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 5501/2022

(Arising out of impugned final judgment and order dated 31-05-2019 in RFA No. 7375/2014 passed by the High Court Of Punjab & Haryana At Chandigarh)

MAHABIR (NOW DECEASED) Petitioner(s)

VERSUS

THE STATE OF HARYANA & ORS. Respondent(s)

(IA No.51156/2022-CONDONATION OF DELAY IN FILING and IA No.51157/2022-APPLICATION FOR SUBSTITUTION and IA No.51158/2022- CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. )

WITH

Diary No(s). 6852/2022 (IV-B) (IA No.51150/2022-CONDONATION OF DELAY IN FILING) Diary No(s). 5678/2022 (IV-B) (IA No.54897/2022-CONDONATION OF DELAY IN FILING)

Date : 02-05-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA

For Petitioner(s) Mr. Tripurari Ray, Adv. Mr. Balwant Singh Billowria, Adv. Mr. Nithyananda Murthy P., Adv. Ms. Bhanu Prabha, Adv. Mr. Suresh Kumar Sharma, Adv. Mr. Vivekanand Singh, Adv. Mr. Anirudh Ray, Adv. Ms. Shilpa Singh, AOR

For Respondent(s) Dr. Monika Gusain, AOR

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

The application for substitution is allowed, subject to just

exception, after condoning the delay and setting aside abatement. Leave granted.

The appeals are disposed of in terms of the signed order. Pending applications, if any, stand disposed of.

(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file]