- (1.) The present appeal has been filed by the landowners seeking enhancement of compensation for the acquired land. Along with the appeal, an application for condonation of delay of 2,353 days, has also been filed.
(2.) Briefly, the facts are that land situated within the revenue estate of Villages Manesar, Naharpur Kasan, Khoh and Kasan, Tehsil and District Gurgaon, was acquired vide notification dated 15.11.1994 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 under Section 6 of the Act dated 10.11.1995. The Land Acquisition Collector (for short, 'the Collector') vide his award dated 3.4.1997 assessed the compensation for the acquired land @ Rs. 4,13,600/- per acre. Aggrieved against the award of the Collector, the land owners filed objections which were referred to the learned court below. On reference under Section 18 of the Act, learned court below vide award dated 12.2.2004 determined the fair value of the acquired land @ Rs. 6,89,333/- per acre for 'A' class land i.e. situated around 500 yards from National Highway No. 8 and Rs. 4,13,600/- per acre for the remaining land. It is this award which is challenged in the present appeal. Along with the appeal, application seeking condonation of delay of 2,353 days has also been filed.
(3.) Learned counsel for the applicants-appellants relied upon Dilbagh Singh vs Collector Land Acquisition Industries Department,2003 1 RLR 102 to submit that delay 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 and the technicality should give way to justice. The Court should be liberal in condoning the delay.;