Rajesh Bindal, J. - (1.) THE present appeal has been filed by the landowners seeking enhancement of compensation for the acquired land. Briefly, the facts are that vide notification dated 8.5.1995, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land in Village Malerna, Tehsil Ballabgarh, District Faridabad, for development and utilisation thereof as commercial, residential and institutional for Sector -61, Faridabad. The Land Acquisition Collector (for short, "the Collector") assessed the market value of the acquired land @ Rs. 1,50,000/ - per acre. Dissatisfied with the award of the Land Acquisition Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 23.12.2000, determined the market value of the acquired land @ Rs. 400/ - per square yard. It is this award which is impugned in the present appeal. Along with the appeal, an application for condonation of delay of 3174 days has also been filed.
(2.) 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 3174 days in filing the present appeal before this Court deserves to be condoned. The appeal was not filed in time as the counsel at that time advised them not to file appeal, as the applicants/Appellants will get same amount of compensation, which may be assessed by the courts finally. The application is not accompanied by affidavit of the counsel, who advised the applicants. The submission is that delay should not come in the way for granting substantial justice. The technicality should give way to justice. The Court should be liberal in condoning the delay. Heard learned Counsel for the applicants -Appellants and perused the record.
(3.) HON 'ble the Supreme Court in Mewa Ram (Deceased) by his LRs and Ors. v. State of Haryana : (1986) 4 SCC 151 did not accept the prayer for condonation of delay in filing the appeal because in another case enhancement of compensation for the adjacent land had been made.;