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TMI Blog2013 (11) TMI 1813X X X X Extracts X X X X X X X X Extracts X X X X ..... uired by the Government of Haryana vide notification dated 15.5.1997 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act'), which was followed by declaration dated 4.5.1998 issued under Section 6(1) of the Act. The purpose of acquisition was development of Sector-52 for residential, commercial and institutional purpose in District Gurgaon. 3. The Land Acquisition Collector passed award dated 3.5.2000 whereby he fixed market value of the acquired land at the rate of Rs. 12,00,000 per acre for Chahi, Rs. 9,60,000/- per acre Allabarani, Rs. 8,40,000/- per acre Bhood land and Rs. 7,20,090/- per acre for Banjar land. 4. Feeling dissatisfied with the award of the Land Acquisition Collector, the Appellants file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o much so, the Appellants have not mentioned the names of the other claimants to whom they have entrusted their appeals for filing before this Court. Even otherwise, it is not believable that a villager whose land has been acquired will not enquire about his case from a co-villager through whom the said appeal was filed, allegedly, for such a long period. The averments made in this application shows that the Appellants had been negligent and casual in their approach to file the appeal and they have woken up only when this Court had enhanced the compensation in other appeals. Thus, the explanation given is not accepted. No sufficient cause to condone the extra ordinary delay has been shown, therefore, prayer for condoning the delay in filing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. 12. 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 the advocates with whom they get in touch for redressal of their grievance. Affidavits filed in support of the applications for condonation of delay are usually drafted by the advocates o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion has been given in exercise of the power vested in this Court under Article 142 of the Constitution. 14. In view of the above discussion, the appeal is allowed, the impugned order is set aside and the delay in filing RFA No. 5477/2011 by the Appellants is condoned. 15. At this stage, Shri Narender Hooda very fairly stated that instead of remanding the case to the High Court for consideration of the appeal filed by the Appellants under Section 54 of the Act, the Court may grant relief to them in terms of judgment dated 1.10.2010 passed in R.F.A. No. 1824 of 2006 - Sudama and Ors. v. State of Haryana and Anr. and connected matters but this order may be confined to the present case. 16. We appreciate the statement made by the learned Senio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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