SHYAM LAL SHARMA Vs. COLLECTOR LAND ACQUISITION

JUDGEMENT

(1.) 1. By way of instant application, prayer has been made on behalf of the applicant for condonation of delay in maintaining the accompanying appeal. The non- applicants/respondents, by way of filing reply to the application, have opposed the prayer made on behalf of the applicant for condonation of delay on the ground that delay in maintaining the accompanying appeal has not been explained properly.

(2.) Hon'ble Apex Court in Dhiraj Singh (Dead) through Legal Representatives and Others vs. State of Haryana and Others, (2014)14 SCC 127, while dealing with the land acquisition matters, has categorically held that approach of the Court, while condoning the delay in filing the appeal, should be pragmatic and not pedantic. Court has further held that the equities can be balanced by denying the interest to the appellants for the period for which they did not approach the Court. The substantive rights of the appellant should not be allowed to be defeated on technical grounds by taking hyper technical view of self-imposed limitation. The Hon'ble Apex Court has held as under:-

(3.) In the aforesaid judgment Hon'ble Apex Court has reiterated that when substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay.