- (1.) This order shall dispose of RFA Nos. 6890 and 6920 of 2011 as the same arise out of a common acquisition. Challenge by the appellants in the present appeals is to the common award dated 20.8.2004, passed by learned Additional District Judge, Gurgaon.
(2.) The facts have been extracted from RFA No. 6890 of 2011. Briefly, the facts are that land situated within the revenue estate of Village Manesar, Tehsil and District Gurgaon, was sought to be acquired by the State of Haryana vide notification dated 30.4.1994 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') for setting up of Industrial Model Township, Manesar. The same was followed by notification issued under Section 6 of the Act dated 30.3.1995. The Land Acquisition Collector (for short, 'the Collector') vide his award dated 28.3.1997 assessed the compensation for the acquired land @ Rs. 3,67,400/- per acre. Aggrieved against the award of the Collector, the land owners filed objections which were referred to the learned court below. On reference, the learned court below vide award dated 20.8.2004 determined the fair value of the acquired land @ Rs. 6,51,994.13 per acre for 'A' class land i.e. situated upto 500 yards from National Highway No. 8 and Rs. 3,91,196.67 per acre for the remaining land. It is this award which is under challenge in the present appeal. Along with the appeal, application seeking condonation of delay of 2,426 days has also been filed.
(3.) Learned counsel for the applicants-appellants submitted that delay in filing the present 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. Learned counsel submitted that review application in appeals decided by Hon'ble the Supreme Court arising out of the same acquisition is pending before Hon'ble the Supreme Court. The submission is to condone the delay in filing the appeal. Heard learned counsel for the applicants-appellants and perused the record.;