133 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M/S KISAN ENTERPRISES POWER HOUSE ROAD AND OTHERS STATE OF HARYANA AND ANOTHER CORAM: HON'BLE MR. JUSTICE Present: Mr. Mr. Abhinash Jain, DAG, Haryana. HARKESH MANUJA CM-10680-CI-2019 This is an application for seeking condonation of delay of 1963 days in filing the appeal. Notice of application. Mr. Abhinash Jain, DAG, Haryana accepts notice on behalf of non-applicant/respondent. I have heard learned counsel for the parties and have gone through the paper A perusal of the contents of application show that delay filing the appeal mainly occurred on account of certain mis communication between the applicants and their counsel which appears to be bona fide. Moreover, in view of the law laid down by the Hon’ble Supreme Court in Acquisition Office principles of parity besides just and fair compensation, once the appeals IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-10680-CI-2019 in/and Date of Decision: M/S KISAN ENTERPRISES POWER HOUSE ROAD AND OTHERS Versus STATE OF HARYANA AND ANOTHER HON'BLE MR. JUSTICE HARKESH MANUJA Mr. K.S. Dadwal, Advocate for the Mr. Abhinash Jain, DAG, Haryana. **** HARKESH MANUJA, J. (ORAL) 2019 This is an application for seeking condonation of delay of 1963 days in filing the appeal. Notice of application. r. Abhinash Jain, DAG, Haryana accepts notice on behalf of applicant/respondent. I have heard learned counsel for the parties and have gone through the paper-book. A perusal of the contents of application show that delay filing the appeal mainly occurred on account of certain mis communication between the applicants and their counsel which appears to be bona fide. Moreover, in view of the law laid down by the Hon’ble Supreme Court in “Ningappa Thotappa Angadi v Acquisition Office reported as 2020(19) SCC 599 principles of parity besides just and fair compensation, once the appeals IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH in/and RFA-4172-2019 (O&M) Date of Decision: September 17, 2025 M/S KISAN ENTERPRISES POWER HOUSE ROAD AND OTHERS ........Applicant/Petitioner ........Respondents HARKESH MANUJA Advocate for the applicant-petitioner. Mr. Abhinash Jain, DAG, Haryana. This is an application for seeking condonation of delay of r. Abhinash Jain, DAG, Haryana accepts notice on behalf of I have heard learned counsel for the parties and have gone A perusal of the contents of application show that delay in filing the appeal mainly occurred on account of certain mis- communication between the applicants and their counsel which appears to be bona fide. Moreover, in view of the law laid down by the Hon’ble “Ningappa Thotappa Angadi vs. Special Land (19) SCC 599, applying the principles of parity besides just and fair compensation, once the appeals M) September 17, 2025 This is an application for seeking condonation of delay of r. Abhinash Jain, DAG, Haryana accepts notice on behalf of I have heard learned counsel for the parties and have gone in - communication between the applicants and their counsel which appears to be bona fide. Moreover, in view of the law laid down by the Hon’ble al Land applying the principles of parity besides just and fair compensation, once the appeals TEJWINDER SINGH 2025.09.19 23:11 I agree to specified portions of this document CM-10680-CI-2019 in/and RFA-4172-2019 (O&M) -2- arising out the same acquisition pertaining to other landowners have already been allowed by this Court, the applicants are also entitled for the same relief except interest for the period of delay. In view of the above, the delay of 1963 days in filing the appeal is hereby condoned subject to denial of interest to the applicants for the delayed period. MAIN CASE In the present case some land owned by the appellant situated in the revenue estate of Village Bhainsa Tibba, Tehsil and District Panchkula was sought to be acquired vide notification dated 16.03.1999 and 15.03.2000 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘1894 Act’) respectively. Award under Section 11 was announced by Land Acquisition Collected (for short ‘LAC’) on 09.10.2003 whereby the market value of the land was assessed @ 418/- per square yard. Aggrieved thereof, the appellant preferred the present appeal. Learned counsel for the appellant submits that the market value in terms of this very notification dated 16.03.1999 under Section 4 of 1894 Act already stands determined finally up to this Court vide decision dated 27.05.2020 passed in RFA-1817-2019 titled as “The Akash Co-Op, Group Housing Society Ltd., II Vs. State Of Haryana And Others”, later modified vide order dated 10.08.2020 passed in CM- 2247-CI-2020 in RFA-1638-2019 titled as “Fazal Mohd. (deceased) Though LRs and Others v/s State of Haryana and Another” by fixing the market value @ 558/- per square yard along with all other statutory benefits for the land falling within revenue estates of villages Bhainsa TEJWINDER SINGH 2025.09.19 23:11 I agree to specified portions of this document CM-10680-CI-2019 in/and RFA-4172-2019 (O&M) -3- Tibba and Kishangarh. The aforesaid factual position has not been disputed by learned State counsel. In view thereof, the present petition is allowed and the appellants-landowners are entitled for market value @558/- per square yard along with all other statutory benefits provided under the 1894 Act excluding the interest for the delayed period of 1947 days in filing the appeal. Pending application(s), if any, shall also stand disposed of. 17.09.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.09.19 23:11 I agree to specified portions of this document