DEEPAK Vs. THE STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By filing appeal, the landowner is seeking enhancement of compensation for the acquired land. Along with the appeal, an application seeking condonation of delay of 915 days in filing thereof has also been filed.

(2.) Briefly, the facts of the case are that vide notification dated 31.7.2006 issued under Sec. 4 of the Land Acquisition Act, 1894 (for short "the Act"), the State of Haryana sought to acquire land measuring 605 acres 6 kanals 12 marlas situated in the revenue estate of village Machgar, Tehsil Ballabgarh, District Faridabad, for development of Industrial Model Township. The same was followed by notification dated 9.8.2007, issued under Sec. 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') vide award No.6 dated 29.7.2008 assessed the market value of the acquired land @ Rs. 16,00,000.00 per acre, later on which was enhanced to Rs. 26,00,000.00 per acre. Dissatisfied with the award of the Collector, the landowner filed objections. On reference, the learned court below, vide award dated 21.12.2012 assessed the market value of the acquired land @ Rs. 707/- per square yard. It is this award, which is impugned by the landowner before this court.

(3.) After hearing learned counsel for the parties and considering the judgments of Honourable the Supreme Court in Imrat Lal and others Vs. Land Acquisition Collector and others 2015(2) RCR (Civil) 437 and Dhiraj Singh (D) Tr. LRs. Vs. Haryana State and others 2015 (2) RCR (Civil) 507, delay of 915 days in filing the appeal is condoned. However, for the period of delay, the applicant shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal.