MAHINDER SINGH Vs. UNION OF INDIA & ANR.

JUDGEMENT

(1.) C.M. No. 1915/2013 (for exemption)

(2.) THIS is an appeal under Section 54 of the Land Acquisition Act against the judgment dated 22.8.2005 passed by Mr. A.K. Mendiratta, the learned Additional District Judge, Delhi in LAC No. 363/2004 by virtue of which the appellant is seeking enhancement of compensation @ Rs. 13/ - lacs per bigha. Briefly stated the facts of the case are that the appellant is claiming himself to be the owner and bhumidhar of a land comprising of Khasra No. 18/20/1(3 -14) measuring 3 bigha 14 biswas in category 'A' of village Mundka, Delhi. It has been alleged that the said land was duly notified and awarded and the possession was taken by the LAC (West) on 2.7.1998. The Land Acquisition Collector had assessed the value of the land at Rs. 8,96,640/ - per acre for 'A' category land and Rs. 8,06,640/ - per acre for 'B' category land. Taking into consideration the various relevant factors including the market value, the value of 'A' category land was fixed at Rs. 9,89,288/ - per acre and that of 'B' category land at Rs. 8,99,288/ - per acre.

(3.) THE learned counsel for the appellant had sought time to file a better affidavit explaining delay of 2542 days and the said affidavit was filed on 10.4.2013 wherein instead of giving fresh information with regard to the reasons for the delay, the same point has been reiterated that the appellant was ignorant about his right to file further appeal and additionally it has been stated that there are some other villagers whose appeal was entertained after condoning the delay and since there is already a judgment passed by the High Court in case titled Jamna vs. Union of India & Ors. (supra) enhancing the compensation from Rs. 10 lacs approximately to Rs. 13 lacs, accordingly, the prayer for condonation of delay is urged.