(Ranjan Gogoi and R. Banumathi, JJ.)
Ram Chander (Deceased) Through his Lrs. and Others ____ Appellant(s);
v.
Union of India and Another _______________________ Respondent(s).
Civil Appeal No(s). 5201 of 2018 [Arising out of SLP (C) No(s). 22274/2015], decided on May 15, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. We have heard the learned counsel for the appellants. None has appeared on behalf of the respondents.
3. By the impugned order the High Court has refused to condone the inordinate delay of 6593 days in filing the appeal seeking enhanced compensation. The High Court while doing so, however, took note of the fact that in a connected matter i.e. R.F.A. No. 718/1990 ‘Rameshwar Solanki v. Union of India’1 compensation was enhanced. Yet as according to the High Court the delay was inordinate and had not been explained the appeal was not entertained by condoning the delay.
4. If a similarly situated landowner i.e. in the case of Ramesheswar Solanki v. Union of India (supra) has received higher compensation, which fact the High Court had noted, the High Court should have allowed the benefit of such higher compensation to the appellants, if required, by making it clear that for the period of delay no interest shall be payable to the appellants-landowners. The above course of action has, in fact, been adopted by this Court in several other cases where compensation at par has been awarded minus interest for the period of delay in approaching the Court.
5. In the present case, we are inclined to follow the said course of action. Accordingly, we set aside the order of the High Court, condone the delay that has occurred in instituting the appeal before the High Court and award compensation to the appellants-landowners at the same rate that has been awarded in the case of Rameshwar Solanki v. Union of India (supra) along with all statutory benefits. We make it clear that no interest shall be payable to the appellants-landowners for the period of 6593 days’ delay that has occurred in the present case in approaching the High Court.
6. The order of the High Court is set aside and the appeal is allowed as indicated above.
Petition(s) for Special Leave to Appeal (C) No(s). 22274/2015
Ram Chander (Deceased) Through His LRs. & Ors ______ Petitioner(s)
v.
Union of India & Anr ___________________________ Respondent(s)
Date: 15-05-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi and R. Banumathi, JJ.)
For Petitioner(s) Mr. B.S. Mor, Adv.
Mr. Navin Kumar, Adv.
Mr. R. C. Kaushik, AOR
For Respondent(s) Mr. Devesh Kumar Tripathi, AOR
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The appeal is allowed in terms of the signed order.
9. Pending applications, if any, shall stand disposed of.
———
1 AIR 1995 Delhi 358
