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TMI Blog1988 (12) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... an be given in the award rendered prior to the amendment. On the second question large number of appeals were filed in the Supreme Court. They are already heard and the judgment is awaited. 2. There is a delay of eighty days in filing the appeal. The averments in the application for condonation of delay under Section 5 of the Limitation Act read with Section 151, CPC are; (1) That the limitation for the above noted appeal expired on 8th July, 1987. (2) that there is delay of eighty days in filing the appeal, (3) that the delay in filing the appeal has occasioned due to the fact that it took sometime for the concerned Department, that is, Land Acquisition Collector, Tis Hazari, Delhi, to furnish the relevant documents and arrange for the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed the Government's appeal. The Supreme Court held that an important question relating the principles of valuation was involved in the appeal and held that the High Ccurt should have condoned the delay of four days. The Supreme Court further held that there is no warrant for according a stepmotherly treatment when the State is the applicant praying for condonation of delay. The doctrine of equality before law demands that all litigants including the State as litigant, are accorded the same treatment and the law is administered in an even-banded manner. In AIR 1988 Supreme Court 897 for a land which was purchased in 1962 for Rs. 7,000/- the Collector awarded Rs. 58,000/- per acre and it was raised to Rs. 1,45,200/- by the District Judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this court, In the first mentioned case the court was naturally concerned with the fact that the upward revision of compensation made by the District Judge was 800 per cent and the delay was a nominal delay of four days. So also the decision in 1988 SC 897 is an exceptional and peculiar case of its own. A large-scale fraud wae practised by the Government Pleaders in charge of land acquition matters and disproportionately large enhencement was made in the compensation by the Collector and the District Judge resulting into loss of crores of rupees to the State Government. The Supreme Court was thus concerned with isolated cases of said abretions. What we are facing in this court is a spate of delayed appeals without any proper and convincing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the acquisition, unfortunately, seems to be completely oblivious of these considerations. In some cases there is great urgency of acquisition of land for urgent developmental projects. They are likely to be frustrated by the habitual negligence of Government departments. 5. The practical problem in the day to day cases is how to reconcile the two principles laid down by the Supreme Court, namely (i) the doctrine of equality before law demands that all litigants including the Slate as litigant should be accorded the same treatment and the law is administered in an even-handed manner, and (ii) it would perhaps be unfair and unrealistic to put Government and private parties on the same footing in all respects in such matters. The Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment. It must find sufficient money for appointing adequate staff. Even the most liberal compensations awarded by the courts do not bear any favourable comparison with the realistic market value in open market (and not-so-an open market). On acquisition of land the D.D.A earnes fabulous sums by public auctions which are at least 1000 per cent more than the compensation paid to the owners of the land. There is, therefore, no justification for not providing adequate staff. In public interest it is necessary to create an atmosphere of earnestness and responsibility in the administration of the provisions of Land Acquisition Act. 7. We are not satisfied with the explanation in the application for condonation of delay filed by the appellant unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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