Punjab and Haryana High CourtCivil LawAdministrative and Public Law

Landowner’s Heirs Get Compensation Parity Despite 3,039-Day Delay, But No Interest For Delay Or Statutory Benefits: P&H HC

Ved Parkash Since Deceased Thr. His Lrsv.State Of Haryana

Landowner’s Heirs Get Compensation Parity Despite 3,039-Day Delay, But No Interest For Delay Or Statutory Benefits: P&H HC. Ved Parkash Since Deceased Thr. His Lrs vs State Of Haryana. Punjab and Haryana High Court. LawLens
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In brief

The question

1. Whether the 3,039-day delay in filing the land-acquisition appeal should be condoned

The court held

The Court allowed the application and condoned the 3,039-day delay, subject to the appellant not receiving statutory benefits or interest.

It also directed

It then allowed the appeal in terms of Kashmir Singh v. State of Haryana and others, expressly excluding interest for the delayed period and statutory benefits.

Pending miscellaneous applications were disposed of.

01Facts

The appellant, through her legal representatives, sought condonation of a 3,039-day delay in filing an appeal against the Additional District Judge, Jind’s award dated 17 December 2013, which did not grant the claimed compensation.

p. 1 · p. 7

She stated that she was unaware of the case’s status and relied on the fact that similarly situated landowners had obtained enhanced compensation.

p. 1

The State accepted that the compensation claim was covered by this Court’s decision in Kashmir Singh v. State of Haryana and others, but opposed awarding statutory benefits and interest for the delayed period.

p. 1 · p. 7

02Issues

i.1. Whether the 3,039-day delay in filing the land-acquisition appeal should be condoned

p. 1 · p. 7

ii.2. Whether, upon condoning the delay and allowing the appeal on the basis of the Kashmir Singh decision, the appellant was entitled to statutory benefits and interest for the delayed period

p. 2 · p. 3 · p. 4 · p. 7

03Law Applied

Under Section 54 of the Land Acquisition Act, 1894, an appeal lies against an award made by the court under the Act.

p. 7

The Supreme Court authorities cited by the Court—including New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma, Suresh Kumar v. State of Haryana, and Urban Improvement Trust v. Vidhya Devi—support a liberal, justice-oriented approach to delay in land-acquisition appeals, so that delay does not necessarily defeat a landowner’s claim to just compensation.

p. 2 · p. 3 · p. 4 · p. 5 · p. 6

However, where an appeal is delayed, the acquiring body should not be made liable for statutory benefits and interest attributable to the period of delay.

p. 2 · p. 3 · p. 4

Provisions in the judgment · 1

Land Acquisition Act, 1894 Section 54

04Reasoning

The Court accepted that the appellant’s compensation claim was covered by Kashmir Singh, and the State conceded that position.

p. 7

Applying the cited Supreme Court decisions, the Court treated the land-acquisition context and the claim to parity in compensation as grounds to condone the delay, while applying the separate rule that the acquiring body should not bear statutory benefits and interest for the delayed period.

p. 2 · p. 3 · p. 4 · p. 5 · p. 6 · p. 7

05Holding

The Court allowed the application and condoned the 3,039-day delay, subject to the appellant not receiving statutory benefits or interest.

p. 7

It then allowed the appeal in terms of Kashmir Singh v. State of Haryana and others, expressly excluding interest for the delayed period and statutory benefits.

p. 7

Pending miscellaneous applications were disposed of.

p. 8
Punjab and Haryana High Court

Original Court PDF

Ved Parkash Since Deceased Thr. His LrsvsState Of Haryana

Punjab and Haryana High Court · October 31, 2026

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