- (1.) THE delay of 45 days in refiling the special leave petition is condoned.
(2.) FEELING dissatisfied with the enhancement granted by the learned Single Judge of the Punjab and Haryana High Court in the quantum of market value determined by the Reference Court, the petitioner has invoked the jurisdiction of this Court under Article 136 of the Constitution. He has also filed an application for condonation of 662 days delay. In paragraphs 3, 4 and 5 of the application for condonation of delay, the petitioner has made the following averments: "3. The petitioner along with other land owners filed Regular First Appeal No.3652 of 2008. The Regular First Appeal No. 3652 of 2008 was filed through Smt. Surinder Kaur. The aforesaid Regular First Appeal No.3652 of 2008 was decided by the Hon 'ble High Court vide common judgment dated delivered in R.F.A. No. 1336 of 2009 titled "Gurdit Singh, etc. v. State of Punjab ". 4. That the petitioner in the month of October, 2011; while consulting some other land owners, whose land was also acquired under the common notification and award passed by the Land Acquisition Collector, learnt that the Hon 'ble High Court have decided Regular First Appeal filed by the petitioner and other land owners vide aforesaid common judgment dated 9.11.2009 and the said land owners/claimants have already filed Special Leave Petition in this Hon 'ble Court and this Hon 'ble Court has already issued notice. The petitioner also leant with regard to a Cross Special Leave Petition having with filed by the State of Punjab in which, the notices has been issued to the land owners including the petitioner. 5. The petitioner contacted Smt. Surinder Kaur who expressed her inability to help the petitioner in prosecuting the matter before this Hon 'ble Court, in view of her old age and ill-health. The petitioner on coming to know with regard to inability of Smt. Surinder Kaur to prosecute the matter further contacted Shri Amardeep Singh s/o Ajmer Singh r/o House No. 550, Sector 18-B, Chandigarh his wife 's brother to make inquiries and thereafter, take steps for filing special leave petition in this Hon 'ble Court. 6. That Sh. Amardeep Singh thereafter, came to this Hon 'ble Court along with some papers which were given to him by Smt. Surinder Kaur and consulted advocate, Sh. Amardeep Singh attorney thereafter, on the advice of the advocate on record collected ordinary copy of the award datd 9.12.2006 passed by the Addl. District Judge in reference case and the copy of the order dated 9.11.2009 passed by the Hon 'ble High Court in Regular First Appeal No.3652 of 2008 from other land owners/claimants and send the same to the advocate on record in the first week of November, 2011. "
(3.) IN our opinion, the explanation given by the petitioner for one year and almost ten months ' delay in filing the special leave petition is wholly unsatisfactory and there is no valid ground or justification for exercise of power by this Court under Section 5 of the Limitation Act.;