SHANTI SARUP Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

(2.) The appellants pray for condoning the delay of 6313 days (more than 17 years) in filing the appeal. The land owned by the predecessors of the appellants located in Village Khandsa, Tehsil and District Gurugram, has been acquired for public purposes, namely, for industrial, residential, construction of roads and retention of green-belts in Sector 37, Gurugram, vide notification dtd. 22/7/1996, issued under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act"). The Land Acquisition Collector passed an Award No.10 dtd. 30/12/1998, while assessing the market value of the acquired land at the rate of Rs.7,05,000.00 per acre. The predecessors of the appellants along with other owners applied for reference under Sec. 18 of the 1894 Act, which was duly referred to the Court of Additional District Judge, Gurugram. The aforesaid reference along with cases of various other owners who applied for reference were decided by the Additional District Judge vide an Award dtd. 27/8/2002. The predecessors of the appellants did not file an appeal under Sec. 54 of the 1894 Act, whereas, various other owners did file the appeals under the aforementioned provision of the 1894 Act. The appeals filed by the various other owners came to be decided by this Court on 23/9/2014, enhancing the market value of the land from Rs.13,72,750.00 to Rs.20,66,000.00 per acre.

(3.) The appellants claim that they are also entitled to the same amount of the compensation as has been ordered to be paid to various other owners of the land. The appellants seek condonation of delay of 6313 days on the following ground:-