(1.) This is an application for condonation of delay filed under Section 5 of the Limitation Act. The appeal has been filed after a delay of approximately nine years. The condonation has been sought on the ground that the applicant was illiterate, old and infirm and he has no knowledge about legal procedure for filing appeals etc. It has further been averred in the application that similarly circumstanced persons approached this Court after the decision of reference under Section 18 of the Land Acquisition Act and the enhancement has been made.
(2.) After hearing the learned counsel for the parties, I am of the view that no case for condonation of delay is made out. Simply because enhancement has been done in the case of other landowners against the same Award by which the rights of the applicant were determined, the same cannot be a legal ground to allow the condonation of delay. The rights of the applicant became final after the reference was decided and he cannot be allowed to get the same redetermined under Section 28-A of the Land Acquisition Act. The ground of illiteracy hardly sounds strong for condoning the delay. The only other ground namely that the landowners similarly circumstanced having been given further enhancement is no ground for condoning the delay in view of the law laid down in several judicial pronouncements namely, Mam Chand v. Union of India,1988 50 ACC 6 Mewa Ram v. State of Haryana, 1987 AIR(SC) 45 and Union of India v. Dhanno, 1987 92 PunLR 152. Consequently, the application is dismissed. Since the appeal is not being entertained, the applicant be refunded the Court fee. No costs.