FAO No. 3729 of 2009 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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FAO No. 3729 of 2009 (O&M)
Date of decision: October 08, 2009
Mewa Devi and others ........ Appellants
Versus
Union of India .......Respondent
Coram: Hon'ble Ms Justice Nirmaljit Kaur
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Present: Mr. Anamika Mehra, Advocate
for the appellant
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1. Whether Reporters of local papers may be
allowed to see the judgement?
2. To be referred to the Reporter or not?
3. Whether the judgement should be reported in
the Digest?
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Nirmaljit Kaur, J.
C M No. 17011 CII of 2009
This is an application for condonation of delay of 78 days in
filing the appeal.
As per office report, notice issued to the respondent has not
been received back served as otherwise.
Learned counsel for the applicant/appellants states that since a
numbers of appeals involving similar question as in the accompanied
appeal, have already been decided by this Court, the delay of 78 days in
filing the appeal may be condoned.
On the asking of the Court, Mr. Nitin Kumar, Advocate accepts
notice on behalf of the Railways. He, however, prays for time to file reply
FAO No. 3729 of 2009 (O&M) 1
to the application. This Court does not deem it appropriate to grant any
time to file reply keeping in view the fact that a number of appeals,
involving the similar question as in the present appeal have already been
disposed of by this Court.
In view of the above, the application is allowed and delay of 78
days in filing the appeal is condoned.
Appeal
The solitary prayer made in the appeal is to grant of interest on
the amount of compensation so awarded by the Railways Tribunal from the
date of filing of the claim petition till its actual realisation.
This Court has already decided a number of similar appeals
involving similar question vide order dated 23.09.2009 passed in F.A.O.
No. 690 of 2009 titled as ‘Sikander Singh v Union of India’.
In view of the the above, the present appeal is allowed with a
direction to the respondent to pay interest at the rate of 9% per annum on
the amount so awarded by the Railways Tribunal from the date of filing of
the claim petition till its actual realisation. It is further directed that the
amount of compensation so awarded which was ordered to be kept in the
Fixed Deposit Receipts (FDRs) by the Railways Tribunal, is ordered to be
released to the appellants forthwith, being major, preferably within three
weeks from the date of receipt of the copy of this order by the respondents.
(Nirmaljit Kaur)
Judge
October 08 , 2009
mohan