JAGMAL Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) THIS is an application for condonation of delay of 1257 days in filing the present appeal before this Court against the award dated 12.2.2004, passed by learned Additional District Judge, Gurgaon.

(2.) BRIEFLY , the facts are that land measuring 1490 acres 3 kanals and 17 marlas, situated within the revenue estate of Villages Manesar, Naharpur, Kasan, Khoh and Kasan was acquired vide notification dated 15.11.1994 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') for setting up of Industrial Model Township, Manesar, Tehsil and District Gurgaon. The same was followed by notification under Section 6 of the Act on 10.11.1995. The Land Acquisition Collector (for short, 'the Collector') gave award of Rs. 4,13,600/- per acre for the acquired land. Aggrieved against the same, the land owner filed objections which were referred to the learned Additional District Judge, Gurgaon who keeping in view the material placed on record by the parties, awarded Rs. 6,89,333/- per acre for 'A' class acquired land and upheld the award of the Collector in respect of 'B' Class acquired land.

(3.) REFERRING to the aforesaid judgment, the submission 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 and pendency of another appeal arising out of the same acquisition is a valid ground for condonation of delay, especially when in some other cases, the delay was condoned.