LAWS(P&H)-2012-1-932

ASHRAFI AND OTHERS Vs. HARYANA STATE AND OTHERS

Decided On January 24, 2012
ASHRAFI AND OTHERS Appellant
V/S
Haryana State And Others Respondents

JUDGEMENT

(1.) The present appeal has been filed by the landowners seeking enhancement of compensation for the acquired land.

(2.) Briefly the facts are that vide notifications dated 5.5.1997 and 15.5.1997 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') the State of Haryana sought to acquire land in the revenue estates of villages Kanhai, Wazirabad, Samaspur and Bindapur, Tehsil and District Gurgaon, for public purpose. The Land Acquisition Collector (for short, 'the Collector') awarded compensation of acquired land of different villages at different rates. Dissatisfied with the award of the Collector, the landowners filed objections. The learned court below vide award dated 6.5.2008 determined the market value of the acquired land @ Rs. 717/- per square yard. Aggrieved against the award of learned Court below, the landowners are before this Court. Along with the appeal, application seeking condonation of delay of 1,052 days has also been filed.

(3.) Learned counsel for the applicants-appellants submitted that delay in filing the present appeal before this Court be condoned. The contention is that delay should not come in the way for granting substantial justice and the technicality should give way to justice. The Court should be liberal in condoning the delay.