SHREE CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an application for condonation of delay of 2460 days in filing the present appeal before this Court against the award dated 18.1.2001, passed by learned Additional District Judge, Faridabad.

(2.) Vide notification dated 3.7.1995, issued under Section 4 of the Act, the Government of Haryana acquired the land measuring 89.66 acres, situated in village Ajronda, Hadbast No. 118, Tehsil and District Faridabad for commercial institutional, recreational and residential purposes. The Land Acquisition Collector (for short, 'the Collector') assessed the market value of the acquired land @ Rs. 5,85,000/- per acre. On reference under Section 18 of the Act, the learned court below assessed the market value @ Rs. 400/- per square yard. Learned counsel for the applicants-appellants submitted that delay of 2460 days in filing the present appeal before this Court deserves to be condoned. He further submitted that the applicants-appellants remained under the impression that their mother (since deceased) had filed appeal for enhancement in this court. He further submitted that delay should not come in the way for granting substantial justice and the technicality should give way to justice. On the other hand, learned counsel for the State submitted that there is no explanation for such a huge period of delay. The prayer was for dismissal of the application for condonation of delay as well as appeal. Heard learned counsel for the applicants-appellants and perused the record.

(3.) Hon'ble the Supreme Court in Mewa Ram (Deceased) by his LRs and others v/s. State of Haryana, (1986) 4 SCC 151 did not accept the prayer for condonation of delay in filing the appeal because in another case enhancement of compensation for the adjacent land had been made.