SHADI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. The appeal has been filed after a delay of two years and eight months. It is the case of the applicant that he did seek a reference under Section 18 of the Land Acquisition Act and compensation was enhanced from Rs. 54,000/- to Rs. 60,000/- per acre. Thereafter he did not file any appeal before this Court. Simply because the enhancement has been done in the case of other landowners against the same award by which the rights of the applicant were determined is no ground to allow condonation of delay. The rights of the applicant became final after the reference was decided and he cannot be allowed to get the compensation redetermined under Section 28-A of the Land Acquisition Act. The ground for condonation of delay that he did not have sufficient funds is equally untenable as his land measuring 9 Bighas was acquired and the applicant had apparently been paid more than a lac of rupees by way of compensation. The other ground that the landowners similarly circumstanced have been given further enhancement by this Court is no ground for condoning the delay in somewhat similar circumstances condonation of delay has been declined by the Delhi High Court in Mam Chand v. UOI,1984 RRR 63Similar is the ratio of law in the other two judicial pronouncements, that is, Mewa Ram v. State of Haryana, 1987 AIR(SC) 45 and UOI v. Dhanno, 1987 RRR 339. The delay and laches on the part of the applicant cannot be a ground for condonation of delay. Consequently, the application is dismissed. The appeal is held to be barred by time. Since the appeal is not being entertained, the applicant would be refunded the Court fee.