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TMI Blog2014 (7) TMI 1303X X X X Extracts X X X X X X X X Extracts X X X X ..... f the appellants were acquired by the Government of Haryana under the provisions of the Land Acquisition Act. The appellants are claiming enhanced compensation on the basis of the judgment1 of the Division Bench of the High Court in the same fact situation. Therefore, these appeals are heard and decided by this common order for the sake of convenience. However, we shall take the facts from Civil Appeals Nos. 6599-6601 of 2014. 3. The Government of Haryana sought to acquire 132.06 acres of land vide Notification dated 22-8-1988 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"). Thereafter, declaration under Section 6 of the Act was issued and award was passed on 30-3-1990. The Land Acquisition Collecto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Bench, though, similarly situated landowners had preferred the appeals and in their cases, compensation was enhanced to Rs. 200 per square yard. The aforesaid rate of Rs. 200 per square yard has been upheld by this Court in Ajay Pal v. State of Haryana Civil Appeal No. 610 of 2012, order dated 17-1-2012 SC. 7. It is the case of the appellants that due to their financially weak condition, they could not file the letter patent appeals (LPAs) before the Division Bench and on coming to know of the judgment dated 27-7-2005 rendered by the Division Bench, they also filed their appeals. However, since there was delay in preferring these appeals, the High Court has refused to condone the delay and dismissed4 the LPAs. 8. Against the orders pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "While we agree with Shri Narender Hooda that the averments contained in the application for condonation of delay were extremely vague and did not provide satisfactory explanation for the long delay of 1110 days, but it cannot be ignored that in identical matters another learned Single Judge had granted relief to the landowners by enhancing the compensation and this factor should not have been overlooked by the learned Single Judge while deciding the application for condonation of delay. We can take judicial notice of the fact that villagers in our country are by and large illiterate and are not conversant with the intricacies of law. They are usually guided by their co-villagers, who are familiar with the proceedings in the courts or t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may not have been able to contest the matter before the High Court and this Court. The needful be done in respect of other landowners within a period of six months. This direction has been given in exercise of the power vested in this Court under Article 142 of the Constitution.' In view of the above discussion, the appeal is allowed, the impugned order is set aside and the delay in filing RFA No. 5477 of 2011 by the appellants is condoned." 12. In fact, in a matter arising out of the same notification, in Civil Appeals Nos. 617-19 of 2012, this Court had rendered a judgment dated 17-1-20128 condoning the delay of 4644 days and enhancing the compensation to Rs. 200 per square yard. A perusal of the counter-affidavit filed by the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egislature has conferred the power to condone delay by enacting Section 5 of the Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on 'merits'. The expression 'sufficient cause' employed by the legislature is adequately elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice-that being the life-purpose for the existence of the institution of courts. It is common knowledge that this Court has been making a justifiably liberal approach in matters instituted in this Court. But the message does not appear to have percolated down to all the other courts in the hierarchy. And such a liberal approach is adopted on principle as it is rea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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