- (1.) This order will dispose of RFA Nos. 715 and 716 of 2012, as common questions of law and facts are involved therein. However, the facts have been extracted from RFA No. 715 of 2012.
(2.) By filing the present appeal, the landowners are seeking enhancement of compensation for the acquired land. Along with the appeal, an application seeking condonation of delay of 640 days in filing thereof has also been filed.
(3.) Briefly the facts of the case are that vide notification dated 17.11.2003, issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), the Government of Haryana sought to acquire land situated in the revenue estate of village Hindwan, Hadbast No. 56, Tehsil and District Hisar for construction of Ghaggar Multiple Channel. The same was followed by notification dated 26.4.2004 under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') vide award dated 25.03.2005 assessed the market value of the acquired land @ Rs. 1,40,000/- per acre for Nahri kind of land and Rs. 1,00,000/- per acre for Tal/Banzar kind of land. However, vide supplementary award dated 28.05.2005, the market value of the acquired land was assessed @ Rs. 5,00,000/- per acre irrespective of the nature of land. Dissatisfied with the award of the Collector, the landowners filed objections, which were referred to the learned court below. On reference, the learned court below upheld the award of the Collector. It is this award which is impugned by the landowners in the present appeal. Learned counsel for the applicants-appellants submitted that delay in filing the appeal before this Court be condoned. The contention is that delay should not come in the way for granting substantial justice and the technicality should give way to justice. The Court should be liberal in condoning the delay.;