JUDGEMENT
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(1.) Leave granted.
(2.) An extent of 481.61 acres of land was acquired by a notification dated 07.09.1992 under Section 4 of
the Land Acquisition Act, 1894 in the village Mewla
Maharajpur which is now part of Sector 44 and 45 of
Faridabad. The Land Acquisition Officer passed an
award granting compensation of Rs.1,96,800/- per acre
which was enhanced by the Reference Court to Rs.325
per sq. yard. In the appeals filed by the State against
the order of the Reference Court, the High Court
reduced the compensation from Rs.325/- to Rs.90/-
per sq. yard. There is no dispute that in the other
appeals filed by the land-owners seeking further
enhancement, the High Court affirmed the order of the
Reference Court by which Rs.325/- per sq. yard was
awarded for the acquisition of lands by the notification
dated 07.09.1992.
(3.) The Petitioner seeks parity with the other landowners whose lands were acquired by the notification dated 07.09.1992 After the judgment of the High Court in the
appeal preferred by the State by which the
compensation was reduced to Rs.90/-, the Appellant
filed an appeal against the judgment of the Reference
Court with application for condonation of delay of 5996
days. The said appeal was dismissed and the review
application was also rejected by the High Court.
Though, the appellant was not diligent in pursuing his
remedy by filing appeal against the order of the
Reference Court within the period of limitation, we are
of the considered opinion that he is entitled for the
compensation at par with the other land owners of
adjacent land who are similarly situated to him.
The Appellant shall be paid compensation at the rate of Rs. 325/- per sq. yard. However, he shall not be entitled for statutory benefits and interest.
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