146 IN TH Amrik Singh Chandigarh CORAM: Present: HARKESH CM No. 412 applicants case from 2 covered fro SLP (Civil) Versus Uni raise no obj IN THE HIGH COURT OF PUNJA AT CHANDIGAR CM N CM N RFA Date Singh and others Versus igarh Administration and others HON'BLE MR. JUSTICE HAR Mr. Pritam Singh Saini, Advoca for the applicants-appellants. Mr. Sumeet Jain, Addl. Standin for the respondents (through v **** KESH MANUJA, J. (ORAL) 412-CI of 2026 Prayer in the present applicati ants-appellants is for preponing the from 27.02.2026 to an earlier date in ed from the decision passed by the ivil) Nos. 2924-2925 of 2020, tit Union Territory of Chandigarh” Notice of the application. Learned counsel for the respo no objection against the prayer made UNJAB AND HARYANA IGARH CM No. 412-CI of 2026; CM No. 413-CI of 2026 in/and RFA No. 1424 of 2021 (O&M) Date of Decision: 21.01.2026 ...Appellants ...Respondents HARKESH MANUJA dvocate . tanding Counsel, U.T., Chandigarh ugh video-conferencing). plication moved on behalf of the g the date of hearing of main date in view of the appeal being y the Hon’ble Supreme Court in titled “Amit Bakshi & Anr. rh”. respondents accepts notice and made in the application. DINESH KUMAR 2026.01.23 10:57 I attest to the accuracy and integrity of this document

 

         -2-     In view of the above, present application is allowed and with the consent of learned counsel for the parties, the date of hearing of main case is preponed and the same is taken up today itself. CM No. 2996-CI of 2021 Notice of the instant application re:condonation of delay of 3193 days in filing the appeal was issued on 17.01.2023. Reply stood filed, wherein it is prayed that the instant application, being devoid of merit, is liable to be dismissed. I have heard learned counsel for the parties and gone through the contents of the application. Concededly, the other similarly situated landowners pertaining to the same acquisition proceedings have already been held entitled for the enhanced amount of compensation pertaining to the acquired land falling in the same revenue estate, i.e. Manimajra, U.T., Chandigarh, to the tune of Rs. 35,71,200/- per acre, in view of judgment/order dated 06.11.2025 passed by the Hon’ble Supreme Court in SLP (Civil) Nos. 2924-2925 of 2020, titled “Amit Bakshi and another Versus Union Territory of Chandigarh.” Based thereupon and applying the principle of parity, besides grant of just and fair compensation, the landowners/applicants being similarly situated are held entitled for grant of similar amount of compensation, however, without any payment of interest for the period of delay in filing the present appeal. In this regard, reliance can be placed upon the decision of Hon’ble Supreme Court in case of “Ningappa Thotappa Angadi (Dead) through LRs Vs. Special Land Acquisition Officer and Another” reported as “2020 (19) SCC 599” and the latest exposition of law in DINESH KUMAR 2026.01.23 10:57 I attest to the accuracy and integrity of this document

 

         -3-     Mohar Singh (Dead) Through Lrs. & Ors. Vs. State of Uttar Pradesh Collector & Ors. reported as “2023 INSC 1019” whereby, delay of 12 years and 353 days was condoned to accord parity between similarly placed landowners albeit no interest was awarded for delayed period. The relevant portion thereof is extracted hereunder:- “12. Having heard learned Senior Counsel for the parties and on perusal of the material placed on record, we are satisfied that the appellants are entitled to seek parity with their co-villagers in the grant of compensation for their acquired land. This Court has consistently held in a catena of decisions that the inordinate delay in filing appeal in compensatory matters, per se, may not be fatal as the rights and equities between the parties can be well balanced by denying the statutory benefits, such as interest for the delayed period. We are thus of the considered opinion that the delay in filing the first appeal(s) could be condoned subject to the condition that the appellants would not be entitled to enure undue benefit for the delayed period. We grant such indulgence in the appellant's favour also for the reason that a batch of first appeals at the instance of other land owners was still pending consideration before the High Court. All that the High Court ought to have emphatically denied to the late-comers was the benefit of interest including on the solatium, under Section 34 of the Act for the period from the date of passing of the award by the Reference Court till the filing of the first appeals.”

In view of the discussion made hereinabove as well as contents of the application, the same is allowed and delay in filing the appeal, as mentioned above, is hereby condoned. However, the DINESH KUMAR 2026.01.23 10:57 I attest to the accuracy and integrity of this document

 

         -4-     applicants shall not be entitled for interest for the period of delay in filing the appeal. MAIN APPEAL Notice of motion. [2] On the asking of the Court, Mr. Sumeet Jain, Addl. Standing Counsel, U.T., Chandigarh, accepts notice on behalf of the respondents. [3] Learned counsel for the appellants submits that the present appeal is squarely covered by the judgment dated 06.11.2025 passed by the Hon’ble Supreme Court in SLP (Civil) Nos. 2924-2925 of 2020, titled “Amit Bakshi and another Versus Union Territory of Chandigarh.” [4] Learned counsel for the respondents is not in a position to controvert the above factual position. [5] After going through the judgment passed by the Hon’ble Supreme Court referred to above as well as the present case, this Court agrees with the assertion of the learned counsel for the appellants. [6] Consequently, the present appeal is disposed off in the same terms as Amit Bakshi’s case (supra). [7] It is further added that the appellants shall not be entitled to interest for the period of delay in filing the appeal. [8] Pending miscellaneous application(s), if any, shall stand(s) disposed off.
January 21, 2026 ( HARKESH MANUJA ) ‘dk kamra’ JUDGE



 




 



DINESH KUMAR 2026.01.23 10:57 I attest to the accuracy and integrity of this document