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High Court of Himachal Pradesh · body

2025 DAILYLAW 3196 (HP)

STATE OF HP AND ORS v. SURESH

CMP.M/631/2025 · 2026-06-30

Bipin Chander Negi, Gurmeet Singh Sandhawalia

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

. Item No. D-7 State of Himachal Pradesh and others Vs. Sh. Suresh a/w connected matters. CMP(M) No. 631 of 2025 a/w RFA No. 64 of 2025 and CMP(M) No. 1605 of 2025. 30.06.2026 Present: CMP (M) No. 631 of 2025 & CMP (M) No. 1605 of 2025 Mr. Gobind Korla, Additional Advocate General, for the applicants/appellants, in both the applications. M/s Giriraj Chauhan and Dhanwanti Devi, Advocates, for the respondent(s), in both the applications. RFA No. 64 of 2025 Mr. Gobind Korla, Additional Advocate General, for the appellants. M/s Giriraj Chauhan and Dhanwanti Devi, Advocates, for the respondent. CMP (M) No. 631 of 2025 & CMP (M) No. 1605 of 2025 CMP(M) No. 631 of 2025 and CMP(M) No. 1605 of 2025 for condonation of delay of 79 days and 178 days respectively, in filing the appeals by the State are allowed, keeping in view the law laid down by the Hon’ble Apex Court in Civil Appeals arising out of SLP (C) No(s). 215-216 of 2023, titled The Deputy Commissioner and Special Land Acquisition Officer Vs. M/s S.V. Global Mill Limited and connected matters, decided on 09.02.2026, wherein principally, it has been held that Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, does not bar an application under Section 5 of the Limitation Act. It is relevant to note that the connected Appeal i.e. RFA No. 64 of 2025, filed by the State, is within limitation, against the enhancement of compensation and is also a subject matter of the consideration. In such circumstances, we deem it fit to condone the delay in filing the appeals. Ordered accordingly. The applications stand disposed of accordingly. RFA Nos. ____ of 2026 Appeals be registered. Admit. Issue post admission notice to the respondents. Mr Giriraj Chauhan, Advocate, waives service of notice on behalf of the respondent(s), in both the appeals. List for hearing along-with RFA No. 64 of 2025, in due course. RFA No. 64 of 2025 Admit. Issue post admission notice to the respondents. Mr Giriraj Chauhan, Advocate, waives service of notice on behalf of the respondent. List for hearing in due course. (G.S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge June 30, 2026 (Shivank Thakur)