Surya Prakash Kesarwani, J. - (1.) - Heard Sri S.K. Tyagi, learned counsel for the applicants/ appellants.
(2.) This appeal has been filed beyond limitation 28 years and 355 days along with an application for leave to appeal and a delay condonation application. The deponent of the affidavit is one Sri Amit Nagar, aged about 27 years and has claimed himself to be grandson of appellant no.1/2.
(3.) From the perusal of the impugned judgment, it appears that land of one Sri Fundan son of Chhote of village Gejha Tilpatabad, Tehsil Dadri, District Gautam Budha Nagar was acquired by notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') dated 01.09.1977. The S.L.A.O. made the award on 15.12.1981. At the instance of the Executive Engineer Irrigation, Construction Division, Ghaziabad, the acquisition was made for total area of 33-12-13 bighas for construction of main drain in the area of Noida. The aforesaid acquired land includes the land of Sri Fundan. Several references were made at the instance of the tenure holders including L.A.R. No.127 of 1982 filed by the aforesaid Sri Fundan and all the references were decided by the court of III Additional District Judge, Ghaziabad by judgment dated 31.03.1986 awarding compensation @ Rs. 12,000/- per bigha along with other benefits under the Act. As per affidavit of the applicant, the aforesaid, Sri Fundan died in the year 1992. In the affidavit accompanying the delay condonation application, the applicant has stated as under:- 1. That the deponent is grandson of appellant no.2, as such he is well acquainted with the facts deposed to below. 2. That the present appeal has been preferred by the appellants for enhancement of compensation given in the award dated 31.03.1986 passed by Additional District Judge, Ghaziabad now Gautam Budh Nagar. 3. That the land of the appellant Sri Fundan acquired in the year 1980 and S.L.O. given the award on 31.03.1986. 4. That the total area of the land acquired by State Government was only 2-7-7 and S.L.O. only awarded the compensation of Rs.16,107.35. 5. That the appellant Sri Fundan was are very poor and illiterate farmer and he was not given proper advice, thus the appellant Sri Fundan could not preferred the appeal against the award dated 31.03.1986. 6. That the appellant had no other source of income and therefore he could not file the appeal and was not able to spent huge amount in filing the appeal in the Hon'ble High Court. 7. That the appellant Sri Fundan had no son and he had only one daughter Smt. Ramwati who was married in the village Milakh Lakkshi, Ghaziabad now Gautam Budh Nagar. 8. That the appellant no.1 Sri Fundan died in the year 1992 and daughter of Sri Fundan thereafter had no connection and link with the village Gejha Tilpatabad. 9. That daughter of Sri Fundan is now 72 years old and her entire family is living out of village Gejha Tilpatabad therefore he did not get any knowledge about the litigation for compensation on behalf of other farmers of the village. 10. That the deponent recently met to one of the farmer of village Gejha Tilpatabad Sri Ram Kumar Tyagi and during discussion Sri Ram Kumar Tyagi informed the deponent about the judgment of Hon'ble High Court regarding enhancement of compensation of the farmers of villag Gejha Tilpatabad. 11. That Sri Ram Kumar Tyagi also informed that their maternal grandfather Sri Fundan was also having agricultural land in village Gejha Tilpatabad which was acquired by the State Government for construction of canal along with land of other farmers. 12. That the deponent thus contacted the counsel of Hon'ble High Court and upon his direction obtained certified copy of Judgment and Decree and filing the present appeal. 13. That therefore the Hon'ble Court may be pleased to condone the delay of 28 years in filing the present appeal on the facts and circumstances stated above, so that the appellant may get some compensation for their land as has been given to other tenure holders for their land during the same period in the interest of justice.;