BHIMAPPA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Misc.Cvl. Nos.10982/2011 and 100985/2011 are filed in MFA Nos.20487/2011 and 20488/2011 respectively by the applicants-claimants under Section 5 of the Limitation Act seeking for condonation of delay of 3395 days in preferring these appeals contending inter alia that they had lost their lands in acquisitions and had become unemployed and in search of job had migrated to Goa and such they could not approach this Court by filing the appeals in question on time which was due to financial constraint. It is also contended that adjacent owner has been awarded much higher compensation which relates to the same notification under which the claimants-appellants lands have been acquired and there should not be discrimination under Article 14 of the Constitution and even under Article 300A the land loosers should get just compensation for the loss i.e. land acquired for a public purpose. On these grounds, claimants seek for condonation of delay.

(2.) Sri. Manjunath Karigannavar, learned counsel appearing on behalf of Sri.Jagadish Patil reiterating the averments made in the affidavit supporting the application for condonation of delay would contend that appeal in question has been preferred against the judgment and award passed in LAC No.120/2000 which is a common judgment and award passed by the Civil Judge (Sr.Dn.), Bagalkot on 04.07.2001 and arise in respect of connected matter i.e. LAC No.145/2000. This Court in MFA No.20495/2011 had condoned the delay of 3499 days and in view of the fact that in the present appeals delay being 3395 days same be condoned and compensation be enhanced.

(3.) Per contra, learned HCGP Smt. Megha C. Kolekar appearing for the State would oppose the delay being condoned contending interalia that appellants have not shown satisfactory grounds to condone the delay and they are approaching the court belatedly as such she seeks for dismissal of the application for condonaltion of delay by relying upon the judgment of the Apex Court in the case of Mewa Ram (deceased by L.Rs.) and others V.State of Haryana, 1987 AIR(SC) 45 and she prays for dismissal of the appeal consequently.