RASHID Vs. STATE OF HARYANA

JUDGEMENT

(1.) C.M. No. 10641-CI of 2016 has been filed for condonation of delay of 9038 days (more than 24 years) in filing of the appeal against judgment dated 07.11.1991 passed by the Additional District Judge, Faridabad. Vide the said order, the appellant had been granted compensation of the acquired land @ Rs.90/- per square yard while deciding the reference petition under Section 18 of the Land Acquisition Act, 1894 (in short 'the Act'). The Land Acquisition Collector had assessed market value at Rs.3,50,000/-. The appellant-applicant admittedly did not challenge the said order which pertains to the notification dated 20.04.1987 under Section 4 of the Act which had been issued for the acquisition of land measuring 438.36 acres for the public purpose and development and utilization of Section 48 at Faridabad in the Revenue Estate of village Badkhal.

(2.) It has been pleaded in the application that in RFA No. 505 of 2017, Krishan Kumar vs. State of Haryana, delay of 6454 days in filing the appeal was condoned on 24.02014 and the appellant therein could claim compensation as per the decision dated 16.03.2010 in RFA No. 1015 of 1992, Chet Ram and others vs. State of Haryana. Accordingly, the application has been filed that the delay should be condoned and the compensation should be enhanced to Rs. 200/- per square yard.

(3.) State has filed its reply to the application that the same is not maintainable and the appellant has not come with clean hands. The delay has not been properly explained and the appeal has been filed only after coming to know about the enhancement in connected case and is abuse of the process of law.