Khem Chand And Ors Etc Etc vs. The State Of Haryana

SECTION IV B Listed on 01.08.2016 IN THE SUPREME COURT OF INDIA Court No.10 CIVIL APPELLATE JURISDICTION Item No. 25 INTERLOCUTORY APPLICATION NO.111 (Application for permission to file SLP) AND INTERLOCUTORY APPLICATION NO.1214 (Application for substitution of the LRs. of deceased petitioners) AND INTERLOCUTORY APPLICATION NO.1517 (Application for condonation of delay in filing substitution application) IN PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL)CC NOS. 14015 14018 OF 2016 AND INTERLOCUTORY APPLICATION NO. (Application for condonation of delay in filing and refiling the SLP) AND INTERLOCUTORY APPLICATION NO. (Application for exemption from filing certified copy of impugned order)

Om Pal & Ors. Etc. Etc. Petitioner(s)

Versus

Land Acquisition Collector & Ors. Respondent(s)

OFFICE REPORT

It is submitted that Mr. Siddharth Mittal, Advocate has filed Special Leave Petition on 22.04.2016 against the Judgment and Order dated 10.12.2015 of the High Court of Punjab and Haryana at Chandigarh in RFA Nos. 5506, 3847 and 5515 if 2010 and 5352 of 2011 (O&M) alongwith application for permission to file Special Leave Petition and exemption from filing certified copy of impugned order.

It is further submitted that Counsel for petitioner has also filed an application for substitution of deceased petitioner no. 6 namely Ram Kumar in RFA No. 5506/2010, Petitioner no. 1 namely Raghbir Singh in RFA No. 5515/2010, Petitioner no. 1 namely Paras Ram in RFA NO. 5352/2011 which is barred by time by 1087, 1378 & 16 days respectively and Counsel has also filed an application for condonation of delay in filing substitution application.

It is further submitted that SLP filed against the Order dated 10.12.2015 in RFA No. 3847/2010 is within time, whereas there is a delay of 44 days in RFA No. 5506 & 5515/2010 and 41 days in RFA NO. 5352/2011 in filing the SLPs. Further there is a delay of 55 days in refiling the SLPs. Thus there is a total delay of 99 and 96 days in filing and refiling the Special Leave Petition.

It is further submitted that notice in SLP (C) Nos. 95829583 of 2016 Entitled Kamlesh Versus State of Haryana & Ors. Etc. arising out of common order was directed by the Hon'ble Court on 06.05.2016. SLP is pending after notice (Copy of order dated 06.05.2016 is enclosed herewith). (Main matter SLP (C) No. 14227 14327/2016).

It is further submitted that Counsel for the petitioner has not furnished copy of Award dated 21.07.2003 and exhibits mentioned in the impugned judgment. In this regard, Counsel has given a letter dated 14.07.2016 stating therein that the Award mentioned is not necessary as the petitioner has duly placed on record the award passed by the Ld. ADJ/ Reference Court dated 23.02.2010, and with regard to the exhibits, the same is not necessary for the disposal of the matter. Counsel has also further stated that the map in the impugned judgment is the best copy with him and has requested to ignore the defects and list the matter. Copy of letter dated 14.07.2016 is at page no. 99 in the Paper Books.

The matter is, therefore, listed before the Hon'ble Court with this office report.

Dated this the 29th day of July, 2016.

ASSISTANT REGISTRAR

Copy to: Mr. Siddharth Mittal, Adv.

ASSISTANT REGISTRAR

Haokip