- (1.) These appeals have been preferred against the common impugned judgment and order dated 10.6.2011 passed by the High Court of Karnataka at Gulbarga in MFA Nos.10765 and 10766 of 2007 by which the appeals of the appellants under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') have been dismissed on the ground of limitation.
(2.) For the purpose of convenience, the facts of C.A. No. 6974 of 2013 are taken, which are as under: A. The land of the appellants in Survey No.417/2 admeasuring 4 acres and Survey No.418 admeasuring 23 acres, 1 guntha; and 5 acres, 23 gunthas of phut kharab situated in the revenue estate of village Mahagaon, Tehsil and Distt. Gulbarga was acquired in pursuance of notification dated 23.4.1994 under Section 4(1) of the Act. B. After completing the formalities as required under the Act, an award under Section 11 of the Act was made on 23.10.1997 fixing the market value of the land at the rate of Rs.11,500/- per acre and Rs.100/- per acre in respect of phut kharab land. C. The appellants preferred references under Section 18(1) of the Act for enhancement of compensation and the reference court vide award dated 28.2.2002 fixed the market value of the land from Rs.31,500/- to Rs.70,000/- per acre depending upon the quality and geographical situation of the land. For phut kharab land, assessment was made at the rate of Rs.1,000/- per acre. D. Aggrieved, the appellants filed appeals under Section 54 of the Act before the High Court on 16.8.2007 with applications for condonation of delay. The applications for condonation of delay stood rejected as the High Court did not find any sufficient cause to condone the delay. Hence, these appeals.
(3.) Shri Basava Prabhu S. Patil, learned senior counsel appearing on behalf of the appellants, has submitted that the High Court committed an error in not condoning the delay as there was sufficient cause for not approaching the High Court within time. One of the appellants was suffering from ailments and it was in itself a good ground for condonation of delay. The High Court ought to have kept in view that in a large number of identical matters, huge delays had been condoned on the condition that the claimant would not be entitled for interest of the delay period, thus, the High Court itself has given discriminatory and contradictory verdicts which itself is a good ground for interference by this Court. The appeals deserve to be allowed.;