BASAWARAJ Vs. SPL. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) These appeals have been preferred against the common impugned judgment and order dated 10.6.2011 passed by the High Court of Karnataka at Gulbarga in MFA Nos.10765 and 10766 of 2007 by which the appeals of the appellants under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') have been dismissed on the ground of limitation.

(2.) For the purpose of convenience, the facts of C.A. No. 6974 of 2013 are taken, which are as under:

(3.) Shri Basava Prabhu S. Patil, learned senior counsel appearing on behalf of the appellants, has submitted that the High Court committed an error in not condoning the delay as there was sufficient cause for not approaching the High Court within time. One of the appellants was suffering from ailments and it was in itself a good ground for condonation of delay. The High Court ought to have kept in view that in a large number of identical matters, huge delays had been condoned on the condition that the claimant would not be entitled for interest of the delay period, thus, the High Court itself has given discriminatory and contradictory verdicts which itself is a good ground for interference by this Court. The appeals deserve to be allowed.