- (1.) The application is allowed. The appellants are permitted to file the present appeal to claim the estate of deceased Smt.Rakhi, subject to all just exceptions. C.M.No.4205-CI of 2007 & R.F.A.No. 1744 of 2007
(2.) The present appeal is directed against the award of the Reference Court dated 16.1.1998. The appellants have sought condonation of delay of 3262 days i.e. approximately nine years in filing the appeal.
(3.) It is the case of the appellants that the land measuring 1593 kanals 8 marlas was acquired vide notification dated 5.4.1990. The Land Acquisition Collector awarded the amount of compensation vide award dated 9.6.1992 and the learned Reference Court vide award dated 16.1.1998 enhanced the compensation at the flat rate of Rs.3,40,000/- per acre. In appeal, against the award of the learned Reference Court, filed by the Punjab State Electricity Board, this Court passed an order on 20.2.2001 staying the payment of 50% of the enhanced amount of compensation. The payment 50% of the enhancement amount of compensation was received by the appellants, even though their mother had expired on 1.2.2000. Now, the present appeal has been filed by the appellants along with an application for condonation of delay, on the ground that now the appellants have come to know that no appeal has been filed by their mother Rakhi. It is pointed out that, in fact, the State of Punjab has filed a Special Leave Petition before the Hon'ble Supreme Court of India, wherein the matter is pending for final decision.;