RAJESH BINDAL, J. - (1.) CHALLENGE by the Appellants in the present appeal is to the award dated 19.4.1997, passed by learned Additional District Judge, Chandigarh. Along with the appeal, an application for condonation of delay of 4424 days in filing thereof has also been filed.
(2.) Briefly, the facts are that land situated within the revenue estate of Village Manimajra, U.T. Chandigarh was acquired vide notification dated 15.6.1989 issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act') for development of residential -cum -commercial complex by the Chandigarh Administration. The Land Acquisition Collector (for short, 'the Collector') determined the market value of the acquired land @ Rs. 1,65,400/ - per acre. Aggrieved against the award of the Collector, the land owners filed objections. On reference, the learned Additional District Judge, Chandigarh, vide judgment dated 19.4.1997 keeping in view the material placed on record by the parties, determined the fair value of the acquired land @ Rs. 2,65,932/ - per acre. It is this award which is impugned before this Court.
(3.) LEARNED Counsel for the applicants -appellants relied upon Dilbagh Singh v. Collector Land Acquisition Industries Department, 2003 (1) RLR 102 to submit that delay of 4424 days in filing the present appeal before this Court deserves to be condoned. The submission is that delay should not come in the way for granting substantial justice. The Court should be liberal in condoning the delay and pendency of another appeal arising out of the same acquisition is a valid ground for condonation of delay. The technicality should give way to justice. The Court should be liberal in condoning the delay.;